03-17-2020 - AGENDA ITEM 12 CONSIDERATION OF CODE AMENDMENT NO. 16-03 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY11/16/2020
Print Staff Report
AGENDA ITEM NO. 12
DATE: March 17, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF CODE AMENDMENT NO. 16-03 - WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY
RECOMMENDATION:
That the City Council take the following actions:
1. Open the public hearing regarding Ordinance No. 2470
2. Introduce Ordinance 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
1:7:, (11111Kt11Ell 111211
On February 16, 2016, the City Council initiated a code amendment related to wireless telecommunication
facilities in the public -right-of-way.
The Federal Telecommunications Act is intended to ensure that the public has sufficient access to
telecommunication services and local governments cannot prohibit or have the effect of prohibiting the
provision of personal wireless services. Cities may only regulate the location and design of Wireless
Communication Facilities (WCF) based on aesthetics.
On September 27, 2018, the Federal Communications Commission (FCC) released a Declaratory Ruling and
Third Report and Order (FCC Order) significantly limiting local management of Small Wireless Facilities
(SWF). In summary, the FCC Order does the following:
• Defines SWFs as facilities (a) mounted on structures 50 feet or less in height (including antennas); or
(b) mounted on structures no more than 10% taller than other adjacent structures; or (c) do not extend
existing structures on which they are located to a height of more than 50 feet or by more than 10%,
whichever is greater; AND each antenna is no more than 3 cubic feet in volume, and the total associated
wireless equipment on one structure is no more than 28 cubic feet in volume.
• Limit fees local governments can charge to the actual and reasonable cost of providing service.
https://destinyhosted.com/print_ag_memo.cfm?seq=702&rev_num=0&mode=Extemal&reloaded=true&id=93782 1/5
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 5
(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, aff of which elements are
deemed to be part of the antenna.
(4) "Approval authority" means the city official responsible for reviewing applications for
small ceIl permits and vested with the authority to approve, conditionally approve or deny
such applications.
(5) 'Base station" shall have the meaning as set forth in Title 47 Code of federal Regulations
(C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or
equipment at a fixed location that enables FCC -licensed or authorized wireless
communications between user equipment and a commications network (regardless of
the technological configuration, and encompassing DAS and small cels). 'Base station"
does not encompass a tower or any equipment associated with a tower. Base station
includes, without limitation:
(a) Equipment associated with wireless conmmications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaut
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including distnbuted antenna systems and small cells).
(c) Any structure other than a tower that, at the time the relevant application is filed with
the city under this division, supports or houses equipment descnbed in paragraphs 1.
and 2. of this definition that has been reviewed and approved under the appficable
zoning or siting process, or under another state or local regulatory review process,
even if the structure was not built for the sole or primary purpose of providing that
support.
(d) 'Base station" does not include any structure that, at the time the relevant application
is filed under this division, does not support or house equipment 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 stricture that actually supports wireless equipment even though it was not
originally intended for that purpose. Examples include, but are not limited to, wireless
facilities mounted on buildings, utility poles, fight standards or traffic signals. A
structure without wireless equipment replaced with a new structure designed to bear
the additional weight from wireless equipment constmes abase station.
(5) "Cellular" means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring ceIl sites.
(6) "City" Mans the City of West Covina.
(7) "Code" means the West Covina Municipal Code.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 6
(8) "Collocation" means the placenrnt 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 "concealment" means camouflaging techniques that integrate the
transmission equipment into the surrounding natural and/or buih environment such that
the average, untrained observer cannot directly view the equipment but would likely
recognize the existence of the wireless facility or conceahnent technique.
(10) "COW" means a "cell on wheels," which is a portable, self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facRy is temporarily robed in, or temporarily installed,
at a location. Under this division, 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
rights -of -way in which the pole is located.
(12) 'Distributed 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 telecommunications service within a specific geographic area or
building. DAS inchldes 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)'7ligible facilities request" means any request for modification to an existing e' ible
support structure that does not substantially change the physical dimensions of such
structure, involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment;
(c) Replacement of transmission equipment (replacement does not inchlde Completely
replacing the underlying support smxture); or
(d) Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request, but does not inchule replacement of the
underlying support structure.
'Eligible facRies request" does not inchule modifications or replacements when an eligible
support structure was constructed or deployed without proper local review, was not required to
undergo local review, or involves equipment that was not properly approved. "Eligible facilities
request" does include collocation faciles satisfying all the requirements for anon -discretionary
collocation facility pursuant to Government Code Section 65850.6.
(14) "Eligible support structure" means any support structure located in the PROW that is
existing at the time the relevant application is filed with the city under this division.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 7
(15) "Existing" means a support structure, wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the citis applicable zoning or
pemutting process, or under another applicable state or local regulatory review process,
and lawfully constructed prior to the tine the relevant application is filed under this
division. However, a support structure, wireless telecommunications facility, or
accessory equipment that has not been reviewed and approved because a was not in a
zoned area when a was built, but was lawfully constructed, is "existing" for purposes of
Ns division. 'sting" does not apply to any 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 fintherance of the proposed wireless telecommunications
fa
(16) "Facility(ies)" means wireless telecommunications facihty(ies).
(17) "FCC" means the Federal ConmRmications 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 purpose of supporting an antenna or wireless
telecommunications facility and placed directly on the ground at grade level.
(20) "Lattice tower" means an open framework structure used to support one or more
antennas, typically with three or four support legs.
(21) "Located within (or in) the public right-of-way" inckules any facility which in whole or
in part, itself or as part of another structure, rests upon, in, over or under the PROW.
(22) "Ministerial permit" means any city -issued non -discretionary permit required to
commence or complete any construction or other activity subject to the city's
jurisdiction. Ministerial permits may include, without fimitation, a building permit,
construction penn]R, electrical pemlit, encroachment permd, excavation pem$t and/or
traffic control permit.
(23) "Modification" means a change to an existing wireless telecommunications facility that
involves any of the following: coflocation, expansion, alteration, enlargement,
intensification, reduction, or augmentation, inchtding, but not limited to, changes in size,
shape, color, visual design, or exterior material. "Modification" does not include repair,
replacerrnt or maintenance if those actions do not involve whatsoever any expansion,
alteration, enlargement, intensification, reduction, or augmentation of an existing
wireless telecommunications facility.
(24) "Monopole" means a structure composed of a pole or tower used to support antennas or
related equipment. A monopole inchides a monopine, monovalm and similar monopoles
camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g.
water tower).
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 8
(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 from time to
titre.
(27) 'Petmittee" means any person or entity scanted 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 commercial mobile services, unlicensed wireless services and common carrier
wireless exchange access services.
(29) 'Planning director" means the director of community development, or his or her
designee.
(30) 'Pole" means a single shaft of wood, steel, concrete or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and as
required by provisions of this code.
(31) 'Pubfic right-of-way" or 'PROW" means a strip 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,
gutters, 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 linutation, parks, city hall and
community center lands, city yards, and lands supporting reservoirs, water towers,
police or fire facilities and non -publicly accessible utilities.
(32) "City Engineer" means the City Engineer, or his or her designee.
(33) 'Replacement" refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement
structure will be of hke- for- like kind to resemble the appearance and dimensions of the
structure orequipment replaced, including size, height, color, landscaping, materials and
style -
(a) In the context of determining whether an application qualifies as an eliable facilities
request, the term "replacement" relates only to the replacement of transmission
equipment and does not include replacing the support structure on which the
equipment is located.
(b) In the context of detem*iing whether a SWF application qualifies as being placed
upon a new eljable support structure or qualifies as a collocation, an application
proposing the "replacemrnt" of the underlying support structure qualifies as a new
Pole proposal.
(34)`Radiofreguency emissions" (RF) means the electromagnetic signals transmitted and
received using wireless telecommunication antennas.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 9
(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 Relief and Job Creation Act of 2012 is also
referenced herein occasionally as the "Spectnnn Act".
(36) "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 cell," refers to the area covered, not the size of the facility. "Small
cell" includes, but is not lunited to, devices generally known as microcells, vicocells and
femtocells.
(37) "Small cell network" means a network of small cells.
(38) "Substantial change" has the same meaning as "substantial change" as defined by the
FCC at 47 CY R 1.40001(b)(7). Notwithstanding the definition above, if an existing
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
proximity to residential view sheds, interference to public views and/or degradation of
conceahnent elements. If undergrounding the cabinet is technologically fi&asible 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 eligible support structure if it does any of the following:
(a) It increases the height of the structure by more than ten percent or more than ten
feet, whichever 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;
(c) It involves installation of more than the standard number of new equipment
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 equipment 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 vohu ie than any other
ground cabinets associated with the structure;
(d) It entails any excavation or deployment outside the current site. For puuposes 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 conceahnent or steahhing elements of the eligible support structure;
J) It does not comply with conditions associated with the siting approval of the
construction or modification of the ehale 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 thresholds identified in parauraphs 1. throueh 4.
of this definition
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 10
(g) For aIl 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;
00 The proposed collocation or modification would defeat the concealment
elements of the support structure; or
(ink The proposed collocation or modification violates a prior condition of
approval, provided however that the coflocation need not comply with any
prior condition of approval that is inconsistent with the thresholds for a
substantial change described in this section.
The thresholds and conditions for a "substantial change" described in this section are
disjunctive such that the violation of any individual threshold or condition results in a
substantial change. The height and width thresholds for a substantial change described in this
section are cumulative for each individual support structure. The cumulative ]nrtit is measured
from the physical dimensions of the original structure for base stations, and for aIl 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.
(39) "Support structure" means a tower, pole, base station or other structure used to support a
wireless telecommunications facility.
(40)"SWF" means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(b as
may be amended, which are personal wireless services faciles that meet aIl the
following conditions that, solely for convenience, have been set forth below:
(a) The facility:
(i) 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
taper than other adiacent structures; or
(ink Does not extend an existing structure on which it is located to a height of
more than 50 feet or by more than ten percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna
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 volume;
(c) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment
on the swwt re, is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 C.F.R. Part
17•
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 11
(e) The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section
800.16(x); and
(f) The facility does not resuh in human exposure to radiofreguency 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(b)(9), including without limitation a freestanding
mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure
designed and built for the sole or primary purpose of supporting any FCC -licensed or
authorized antennas and their associated facilities, including structures that are
constructed for wireless conmmnications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site. This definition
does not include utility poles.
(42) 'Transmission equipment" means equipment that facilitates transmission for any FCC -
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power
supply. The term includes equipment associated with wireless commnications services
including, but not limited to, private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backbaul
(43) "Utility pole" means any pole or tower owned by any utility company that is primarily
used to support wires or cables necessary to the provision of electrical or other utility
services regulated by the California Pubfic Utilities Commission. A telecommunicatio ns
tower is not a utility pole.
(44) "Wireless telecommunications facility" means a mechanical device, land, and/or
structure that is used to transmit and/or receive electromagnetic signals, including but
not limited to antennas, microwave dishes, hom, and other types of equipment for the
transmission or receipt of such signals, free-standing wireless facilities, equipment
buildings or cabinets, parking areas, and other accessory development. Exceptions: The
term "wireless telecommunications facility" does not apply to the following:
(a) Govemment-owned and operated telecommunications facilities.
(b) Emergency medical care provider -owned and operated telecommunications
facllities.
(c) Mobile services providing pubfic information coverage of news events of a
temporary nature.
(d) Any wireless telecommunications faciliies 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.C. § 332(c)(7)(C) or its successor statute,
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 12
cellular service, personal communication service, and/or data radio
telecommunications.
(46) ' WTFP" means a "wireless telecommunications facility permit" required by this division,
which may be categorized as either a major WTFP or a minor WTFP.
Sec. 26-685.11300. - Wireless telecommunications facility permit (WTFP) review authority.
(1) Administration. The planning director is responsible for administering this division. As
part of the administration of this division, the director may:
(a) Interpret the provisions of this division;
(b) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this division;
(c) Collect, as a condition of the completeness of any application, any fee established
by this division;
(d) Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal laws and
regulations;
(e) 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;
(f) Require, as part of and as a condition of completeness of any appkcation, that an
applicant for awireless telecommunication faciles pennit send notice to members
of the public that may be affected by the placement or modification of the wireless
facility and proposed changes to any support structure;
(g) Subiect to appeal as provided herein, detennine whether to approve, approve
subject to conditions, or deny an application; and
(h) Take such other steps as may be required to ti ely act upon appkcations for
placement of wireless telecommunications facilities, including issuing written
decisions and entering into agreements to mutually extend the time for action on an
a pykcation.
(2) Administrative review ('Minor WTFP') required.
(a) Certain wireless telecommunication facilities, collocations, modifications, or
replacements to an eligible support structure is subject to the pkmnning director's
review of an Administrative Review application, if the following criteria are met:
W The proposal is determined to be for a SWF, or an eligible facilities request;
and
00 The proposal complies with the adopted Design Guidelines for Wireless
Telecommunication Facilities in the PROW; and
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 13
(iu) The location of the proposed wireless telecommunication facility is no less
than 250 feet from an existing or approved wireless telecommunication facility
location; and
(iv) The location of any proposed SWF is no less than 250 feet from the location
of a proposed SWF within the same application bundle.
(b) In the event that the planning director determines that any minor WTFP application
submitted does not meet the application criteria of this division, the director shall
convert the application to a major WTFP and refer it to the planning commission
for consideration at a public hearing.
(3) Major Wireless Telecommunications Facilities Pernik ('Major WTFVrequired. All new
wireless telecommunications facilities or replacements, collocations, or modifications to a
wireless telecommunications facifity that are not qualified for an Administrative Review
shall require a Major WTFP subject to planning commission hearing and approval unless
otherwise provided for in this division.
(4) Other Permits Required. In addition to any permit that may be required under this division,
the appficant must obtain all other required prior permits or other approvals from other city
depammits/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 depamrents/division, state or federal agencies. Building and
encroachment permits, and all city standards and requirements therefor, are applicable. The
Planning Director and/or Planning Commission approval of any permits pursuant to this
division does not construce an encroachment permit, and/or other permits issued by other
city departments/division to allow the physical installation of the wireless
telecommunications facility.
Sec. 26-685.11400. - Wireless telecommunications faclity permit application submittal
requirements.
(1) GeneraL The applicant shall submit a paper copy and an electronic copy of any application,
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 facilities within the citVs jurisdictional and territorial boundaries within the
PROWS, in accordance with the provisions of this section.
(a) The city requires a pre -application submittal meting for a major WTFP. The city does
not require a pre -application submittal meeting for a manor WTFP; however, the city
strongly encourages applicants to schedule and attend a pre -application submittal
conference with the approval authority for all proposed minor WTFP projects, and
particularly those that involve more than five minor WTFPs.
(i) Pre -submittal conferences do not cause the FCC shot clock to begun and are intended
to streamline the review process through informal discussion that includes, without
limitation, the appropriate project classification and review process; any latent issues
in connection with the proposed protect, including compliance with generally
applicable rules for public health and safety; potential conceahnent issues or
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 14
concerns (if applicable); coordination with other city deparownts/divisions
responsible for application review; and application completeness issues.
(ii) To mitigate unnecessary delays due to application incompleteness, applicants are
encouraged (but not required) to bring any draft applications or other materials so
that city staff may provide informal feedback and guidance about whether such
applications or other materials may be incomplete or unacceptable. The approval
authority shall use reasonable efforts to provide the appficant 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.
(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.
(b) All applications for WTFPs shall be initially submitted to the plarming division. Each
applicant shall My and completely submit to the city a written application on a form
prepared by the Plalming division.
(c) Major WTFP applications must be submitted to the planning division at a scheduled
application submission appointrwnt. City staff will endeavor to provide applicants with
an appointment within five business days after receipt of a written request therefor. A
WTFP application wiU 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 sarrr configuration on the Same support structure type. Each application
in a batch must meet all the requirements for a complete application, 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 application in a batch fails to meet the required
findings for approval, the entire batch shall be denied.
(e) If the wireless telecommunications facility MR also require the installation 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 strncture(s). Appficants
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 accessory equipment designed to serve an antenna must include all
features of the wireless telecommunications facility proposed.
(2) Application Contents Minor WTFPs. The content of the application form for facilities
subject to a minor WTFP shall be determined by the planning director in addition to all other
information reasonably deemed necessary, but at a minimum shall include the following:
(a) The nacre of the appficant, its telephone number, mailing address, electronic mail address,
and contact information, and if the appficant is a wireless infrastructure provider, the
11/16/2020
Print Staff Report
• Enacts shot clocks of 60 days for SWFs added to existing structures (regardless of whether the structure
already supports a wireless service) and 90 days for SWFs proposing a new structure.
• Exempts from federal preemption aesthetic requirements for SWFs in the PROW unless they are (1)
reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; (3)
objective; and (4) published in advance.
On April 4, 2019, the California Supreme Court decided T-Mobile West, LLC vs. City and County of San
Francisco, validating that municipalities can regulate the aesthetics of wireless facilities in the right of way.
On April 23, 2019, the Planning Commission adopted design guidelines for small wireless facilities located in
the public right-of-way (Attachment No. 3) to address the FCC Order pertaining to aesthetic requirements
being reasonable, not burdensome, and published in advance.
At its May 14, 2019 and July 23, 2019 meetings, the Planning Commission held study sessions on wireless
facilities in the public right-of-way. During the July 23, 2019 study session, the Planning Commission voted 3-
2 to direct staff to draft an ordinance that:
• References Design Guidelines in order to allow flexibility for modifications that may be needed in the
future;
• Allows administrative review by staff for all wireless facilities in compliance with Design Guidelines
and Planning Commission review if not in compliance with Design Guidelines;
• Identifies a review threshold that requires wireless telecommunication facilities to be at least 250 feet
from another wireless telecommunication in order to qualify for administrative review by staff;
• Requires wireless telecommunication facilities to be set back 15 to 30 feet from residential structures
(depending on zoning designation).
Commissioners Heng and Holt were the dissenting votes. Commissioner Heng felt that there should be more
Planning Commission discussion on the subject.
Subsequent to that discussion, Administrative Use Permit (AUP) applications were submitted for 5 small
wireless facilities in the public right-of-way proposed on top of replacement street light poles in the Woodside
Village area. These facilities were located off of Amar Road, east of Azusa Avenue. The Planning
Commission approved the AUP applications on July 23, 2019 and an appeal was filed on August 5, 2019. On
October 1, 2019 the City Council voted 3-2 to overturn the Planning Commission's decision to approve the 5
small wireless facilities and denied the AUP applications. The City Council felt that the proposed small
wireless facilities were not sufficiently concealed. Councilmembers Shewmaker and Johnson were the
dissenting votes and felt that the proposals should be referred back to the Planning Commission.
On November 26, 2019, the Planning Commission held a public hearing to review Code Amendment No. 16-
03 (Attachment No. 4). The Planning Commission continued the hearing to January 28, 2020 in order to allow
interested parties that might not have been available during the week of Thanksgiving the opportunity to attend
the hearing. In addition, the Planning Commission gave staff direction to obtain the following information;
1. standards for 10 nearby cities on design and separation
2. if RF Engineers are State licensed
3. if the FCC keeps records of RF compliance reports
4. the standard size for the base of light poles, and
5. the standard used by the City of Costa Mesa regarding a 500-foot separation from a provider's facility.
In response to the direction provided by the Planning Commission on November 26, 2019 (Attachment No. 5),
staff surveyed the cities of Baldwin Park, Covina, Diamond Bar, Irwindale, La Puente, City of Industry, San
Dimas, Walnut, Glendora, and El Monte. Staff also researched Costa Mesa's standards and guidelines for
Small Wireless Facilities in the Public Right -of -Way.
https://destinyhosted.com/print_ag_memo.cfm?seq=702&rev_num=0&mode=Extemal&reloaded=true&id=93782 2/5
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 15
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
aH work that wiD 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 &wnsioned drawings with specifications for
each element of the wireless facility, clearly describing the site and all structures and
facilities at the site before and after installation or modification; and a dimensioned map
identifying and describing the distance to the nearest residential dwelling unit and any
historical structure within 250 feet of the facility. Before and after 360 degree photo
simulations shaD be provided.
(d) Documentation sufficient to show that the proposed faciUy will comply with generally -
applicable health and safety provisions of the municipal code and the FCC's radio
frequency emissions standards.
(f) A copy of the lease or other agreement, if any, between the applicant and the owner of
the property to which the proposed facility MR be attached.
(g) If the appfication is for a SWF, the application shaft state as such and shaft expfilui why
the proposed facility meets the definition of a SWF.
(h) If the application is for an eligible facilities request, the application shall state as such and
must contain information sufficient to show that the application qualifies as an efipble
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 equipment that was not properly approved. This shall include
copies of all applicable local permits 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 facIty will comply with generally -
applicable health and safety provisions of the municipal 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 application
fee established by city council resolution. Batched applications for Maior WTFP
proiects must include the applicable appfication fee for each SWF in the batch.
60 Construction Drawings. The applicant shall submit true and correct construction
drawings, prepared, signed and stamped by a California licensed or registered
engineer, that depict aft the existing and proposed improyerments, 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, handholes, manholes, fire hydrants,
equipment cabinets, antennas, cables, trees and other landscape features. The
construction drawings shall: (i) contain cut sheets that contain the technical
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 16
specifications for aIl existing and proposed antennas and accessory equipment, which
includes without knitation the manufacturer, model number, and physical
dkensions; (R) identify all structures within 250 feet from the proposed project site
and indicate such structures' overall heigbt above around leveL (iii) depict the
aapplicanfs plan for electric and data backhaul utilities, which shall include the
locations for aIl conduits, cables, wires, handholes, imctions, transformers, meters,
disconnect switches, and points of connection; and (iv) demonstrate that proposed
project will be in fuH compliance with all applicable health and safety laws,
regulations or other rules, which includes without limitation aIl building codes,
electric codes, local street standards and specifications, and public utility regulations
and orders.
(E) Site Survey. For any SWF proposed to be located within the PROW, the appficant
shall submit a survey prepared, signed, and stamped by a California licensed or
registered engineer. The survey must identify and depict aIl existing boundaries,
encroachments and other structures within 250 feet from the proposed proiect site,
which includes without limitation all (i) traffic lanes; (ii) all private properties and
Property lines; (E) above and below -grade utilities and related structures and
encroachments; (iv) free hydrants, roadside call boxes and other public safety
infrastructure; (y) streetfights, decorative poles, traffic signals and permanent
signage; NO sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii)
benches, trash cans, mailboxes, kiosks and other street fumkure; and (viii) existing
trees, planters and other landscaping features.
(iv) Photo Simulations. The applicant shall submit site photographs and 360 degree photo
simulations that show the existing location and proposed SWF in context from at
least three vantage points within the public streets or other publicly 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 Justiication. The applicant shall submit a written statement
that expl-Aim in plain 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
city to conclude the standard has been met bare conclusions not factually supported
do not constitute a complete written analysis. As part of the written statement the
applicant must also include (i) whether and why the proposed support is a structure
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 fording for a SWF pemil as provided
in Section 12.18.060 (Review Procedure).
(vi) RF Compliance Report. The applicant shall submit an RF exposure compliance
report that certifies that the proposed SWF, as well as any collocated wireless
facilities, will comply with applicable federal RF exposure standards and exposure
limits. The RF report nest be prepared and certified by an RF engineer acceptable
to the city. The RF report must include the actual frequency and power levels (in
watts ERP) for aIl existing and proposed antennas at the site and exhibits that show
the location and orientation of aIl transmitting antennas and the boundaries of areas
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 17
with RF exposures in excess of the uncontrolled/general population limit (as that
term is defined by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined by the FCC). Each
such boundary shall be clearly marked and identified for every transmitting antenna
at the project site.
(vni) Regulatory Authorization. The applicant shall submit evidence of the applicant's
regulatory status colder federal and California law to provide the services and
construct the SWF proposed in the application.
(viii) Site Agreement. For any SWF proposed to be installed on any structure owned or
contro➢ed by the city and located within the public rights -of -way, the applicant must
enter into a site agreement prepared on a form prepared by the city and approved by
the city attorney that states the terms and conditions for such non-exclusive use by
the appficant. No changes shall be permitted to the citVs form site agreement except
as may be indicated on the form itself. Any unpemmitted changes to the citVs 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
including all environmental control units, sump pumps, temporary backup power
generators and permanent backup power generators demonstrating compliance with
the following noise regulations:
1. Backup generators shall only be operated during periods of power outages, and
shall not be tested on weekends or holidays, or between the hours of 7:00 p.m
and 7:00 am;
2. At no time shall equipment 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 right-of-way adjacent to a business, colr mmiaL manufacturing, utility
or school zone; provided, however, that for any such factlity located within 500
feet of any property zoned residential or invroved 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 manufacturers'
specifications for all noise -emitting equipment and a depiction of the proposed
equipment relative to all adiacent property lines. In lieu of an acoustic analysis,
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.
(x) 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 modification
of an existing facility.
(xi) Environmental Data. A completed environmental assessment application, or in the
alternative any and all documentation identifying the proposed WTFP as exempt
from environmental review (under the California Environmental Quality Act, Public
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 18
Resources Code 21000-21189, the National Environmental Policy Act, 42 U.S.C.
§4321 et seq., or related environmental laws). Notwithstanding any detenmmnation of
environmental exemption issued by another govemmental 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 in 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).
(xiii) Landscape Plan. A scaled conceptual landscape plan showing existing trees and
vegetation and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity will screen the
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 of its CPCN.
(xvi) Master Deployment Plan. A master deployment plan showing the locations of
existing and proposed small wireless facilities over the next two years.
(i) If the applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application nest 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.
(3) Application Contents Maior WTFPs. The application form for a major 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 of the applicant, owner, and the operator of the
proposed wireless telecommunication facility.
(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 person(s) or entitv(ies) that will provide those services.
(c) A full written description of the proposed wireless telecommunications facility and its
purpose.
d) Detailed engineering plans of the proposed wireless telecommunications facility and
related report prepared by a professional engneer registered in the state documenting the
following:
(i) Height/elevation, dialnleter, layout and design of the facility, including technical
engineering specifications, economic and other pertinent factors governing selection
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 19
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.
(ii) A photograph and model name and number of each piece of the facility or proposed
antenna array and accessory equipment inchuled.
(in) 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
application).
(iv) Total anticipated 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.
(v) Sufficient evidence of the structural integrity of the support structure as required by
the city.
(e) A written description identifying the geographic service area to be served by the proposed
WTFP, plus geographic or propagation maps showing applicant's service area obiectives.
(f) A iustiication study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed explanation
of the applicant's coverage obiectives 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:
(i) A meaningful comparative analysis that includes all factual reasons why the
proposed location and design deviates from, or is the least compliant bans of, or
not the least inmtsive location and design necessary to reasonably achieve the
applicant's reasonable objectives of covering an established significant gap (as
established under state and federal law).
60 The study shall include all eligible support structures and/or alternative 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 altemative site analysis must include the consideration of at least two eligible
support structures; or, if no eligble support facilities are analyzed as altematives,
why no eligible support facilities are reasonably available or technically feasible.
(iu) If a portion of the proposed facility lies within a jurisdiction other than the city's
jurisdiction, the applicant must demonstrate that altemative options for locating the
proiect MY within one iurisdiction or the other is not a viable option. Applicant must
demonstrate that it has obtained all approvals from the adjacent iurisdiction for the
installation of the extra -jurisdictional portion of the project.
W Site plan(s) to scale, specifying and depicting the exact location of the proposed wireless
telecommunications facility, location of accessory eg4ment in relation to the support
structure, access or utility easements, existing utilities, adiacent land uses, and showing
compliance with all design and safety requirements set forth in this division.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 20
(h) A completed environmental assessment appficatiom or in the ahemative any and all
documentation identifying the proposed WTFP as exempt from environmental review
(under the California Environmental Quality Act, Pubfic Resources Code 21000-21189,
the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., or related environmental
laws). Notwithstanding any deternvnation 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 jrrmacts of any WTFP application.
(i) An accurate visual jrrmact analysis showing the maximum silhouette, view -shed analysis,
color and finish palette and proposed screening for the wireless telecommunications
facility, including scaled photo simulations from at least three different angles.
(j) Completion of the RF emissions exposure guidelines checklist contained in Appendix A
to the FCC's 'Local Govenunent Official's Guide to Transmitting Antenna RF Emission
Safety" to determine whether the facility wiD be "categorically excluded" as that term is
used by the FCC.
(k) 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 certfies that the proposed facility,
as well as any facilities that contribute to the cumulative exposure in the subiect area, will
comply witb applicable federal RF exposure standards and exposure limits. The RF report
must include the actual frequency and power levels (in watts effective radio power
TRY) for aH existing and proposed antennas at the site and exhibits that show the
location and orientation of all transmitting antennas and the boundaries of areas with RF
exposures in excess of the uncontrolled/general population limit (as that term is defined
by the FCC) and also the boundaries of areas with RF exposures in excess of the
controRed/occupational limit (as that term is defined by the FCC). Each such boundary
Ad be clearly marked and identified for every transmitting antenna at the project site.
(1) Copies of any documents that the applicant is required 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 shaft 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 wiiU screen the wireless telecommunication
facility.
(p) Certification that applicant is a telephone corporation, or a statement providing the basis
for its chi wd right to enter the right-of-way. If the applicant has a certificate of public
convenience and necessity (CPCN) issued by the California Public Utilities Conmiissio n,
it shall provide a copy of its CPCN.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 21
(q) Evidence that the proposed wireless facility qualifies as a personal wireless services
facility.
(r) Address labels for use by the city in noticing ale property owners and occupants of
properties within 300 feet of the proposed wireless telecommunication factlity and, if
applicable, ale public hearing information required by the municipal code for public
noticing requirements.
(s) Any other information and/or studies reasonably determined to be necessary by the
planning director(s) may be required.
(4) Appkcation Fees and Deposits. For aR WTFPs, apykcation fee(s) and the establishment of
dde osks to cover outside consultant costs shall be required to be submitted with any
application, as established by city council resolution and in accordance with California
Government Code Section 50030.
(a) Reasonable costs of city staff, consultant and attomev tkne (including that of the city
attomev) pertaining to the review, processing, noticing and hearing procedures directly
attributable to a WTFP shale be reimbursable to the city. To this end, the planning
director, as applicable, may require applicants to enter a deposit reimbursement
agreement, in a form approved by the city attomev, or other established deposit
accounting mechanism for purposes 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
prolubks the cokection of any information or application conditions required by this section,
the pLvming director is authorized to omit, modify, or add to that request from the city's
application form in consukation with the city attorney. Requests for waivers from any
application requirement of this section shall be made in writing to the planning director. The
planning director may grant a request for waiver if it is demonstrated that, notwithstanding
the issuance of a waiver, the city will be provided aR 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 shall be (1) granted only on a case -by -case basis,
and (2) narrowly -tailored to minimize deviation from the requirements of the municipal code.
(6) Apykcations Deemed Withdrawn. To promote efficient review and tkmly decisions, any
application governed by this division w>Il be automatically deemed withdrawn by the
applicant when the applicant falls to tender a substantive response to the city on any
application within 30 calendar days after the application is deemed incomplete in a written
notice to the applicant. The pUming director (as applicable) may grant a written extension for
up 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 application, but substantially revises the proposed facility during the application
process prior to any city hearing or decision on such application, the substantially revised
application shale 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 has been altemately proposed for a location 300 feet or more from the
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 22
original proposal or constitutes a substantial change in the dimensions or equipment that was
proposed in the original WTFP application.
(8) Rejection for Incompleteness. WTFPs wifi be processed, and notices of incompleteness
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.
(1) GeneraL Wireless telecommunications facilities shall be installed and modified in a manner
that minimizes risk to public safety and utilizes installation of new support structures or
equipment cabinets in the PROW only after afi existing and replacement structure options
have been exhausted, and where feasible, places equipment 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 binder the ability of the city or other government agencies to improve, modify,
relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improveme nt,
modification, relocation, vacation, or abandonment of facilities in the PROW.
(2) Cofiocation Fncouraged. Where the facRy site is capable of accommodating a collocated
facility upon the same site in a roamer 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 mutually agree upon reasonable team and conditions
therefor.
(3) Findings Required for Approval of a WTFP.
(a) Minor WTFP for SWF. For minor WTFP applications proposing a SWF, the planning
director or planning commission shall approve such application if, on the basis of the
application and other materials or evidence provided in review thereof, all of the
following findings can be made:
(i) The facility qualifies as a SWF;
60 The facility is not detrimental to the public health, safety, and welfare;
00 The SWF meets applicable requirements and standards of state and federal law;
(vi) The facility meets applicable requirements under this division and complies with the
adopted Design Guidelines.
(b) Minor WTFP for EFR. For minor WTFP Mpfications proposing an eligible facilities
request, the pLv"ng director shall approve such application it on the basis of the
application and other materials or evidence provided in review thereof, all of the
following findings can be made:
(i) That the application qualifies as an eligible facilities request; and
(ii) That the proposed facility MR comply with all generally -applicable laws.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 23
(c) Major WTFP. No major WTFP shall be granted unless aH of the following findings are
made by the applicable decision -maker:
(j) The proposed wireless telecommunications facility has been designed and located in
compliance with all applicable provisions of this division;
(ii) If applicable, the applicant has demonstrated its inability to locate on an eligible
support structure;
(iii) The applicant has provided sufficient evidence supporting the applicant's claim that
it has the right to enter the public right-of-way pursuant to state or federal law, or the
aapphcant has entered into a franchise agreement with the city pernitting 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 Guidelines would be
technically infeasible;
(v) The applicant has demonstrated the proposed installation is designed such that the
proposed installation represents the least inbusive 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 technically
infeasible or not reasonably available.
(4) Noticing. The provisions in this section describe the procedures for the approval process, any
required notice and public hearings for a WTFP application.
(a) Major WTFP Appfications. Any major WTFP application shall require notice and a
public hearing. The public hearing notices shali 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
Mowing:
(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;
(c) Infomlation about applicable rights to appeal the decision, costs to appeal, and
explanation of how that right may be 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
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 24
effects of RF emissions, nor shall public 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 infrastructure provider must be taken jointly with the wireless
service provider that intends to use the wireless facility. 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, appeals of WTFP decision
premised on the environmental effects of radio frequency emissions will not be
considered.
(b) WTFP Appeals. Any person claiming to be adversely affected by a decision of a major
WTFP pursuant to this division may appeal such decision as provided in accordance with
the appeal provisions in Section 26-212 of the West Covina Municipal Code.
Sec. 26-685.11600 - Design and development standards.
(1) Wireless Telecommunication Facility Design and Development Standards. Wireless
telecommunication facilities in the PROW are subject to the design and development
standards and conditions of approval set forth herein. All wireless telecommunication
facilities shall be designed and nuintained as to minimize visual, noise and other impacts on
the surrounding connrnmity and shall be planned, designed, located, and erected in accordance
with the following standards:
(a) Conceahnent. AR 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 of the surrounding buildings or structures per the adopted Design Guidelines.
(b) Location.
(i) 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.
(1) SWFs shall not be located within 30 feet from any structure used for residential
purposes in all other land -use zones outside of the PCD-1 zone.
(vri) SWFs may not encroach onto or over any private or other property outside the
PROW unless on a recorded utility easement.
(v) Wireless telecommunication facilities shall 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) of this code.
(vi) AD wireless telecommunications facilities subject to a maior WTFP shall not be
located in the PROW adiacent to properties used for residential purposes.
11/16/2020
Print Staff Report
On the January 28, 2020 Planning Commission meeting, staff presented the following table summarizing the
information obtained from the survey:
Distance
Separation
City
Process
from I
between
Residential
Facilities/Poles
Compliance with Design
Baldwin
Guidelines - Administrative
None
None
Park
(Planning Commission review, if
not in compliance)
Covina
Encroachment Permit issued by
None
None
Public Works
Irwindale
Processed by Public Works
None
None
Puente
Encroachment Permit Only
None
None
City of
Industry
Administrative
None
None
Height of
Diamond
Administrative
pole plus
None
Bar
20%
Compliance with Design
San
Guidelines - Administrative
None
None
Dimas
(Planning Commission if not in
compliance)
Walnut
Administrative
None
None
Administrative for Minor;
Glendora
Planning Commission (CUP) for
None
None
Major
El Monte
Administrative
None
None
25 feet
500 feet
Administrative (Minor CUP),
(per Design
(per Design
Costa
Planning Commission triggered
Guidelines,
Guidelines,
Mesa
by Non-compliance with adopted
review
review
Design Guidelines
threshold
threshold only)
only)
Staff also provided the Planning Commission information on radio frequency (RF) engineer licensing (State
licensed electrical engineer) and the average diameter of light poles in the City (ranges from 8.5-inches to
9.25-inches in diameter).
Commissioner Heng expressed her preference that small wireless facility applications be reviewed on a case -
by -case basis. She requested that the Design Guidelines for Wireless Telecommunication Facilities in the
Public Right -of -Way be revisited by the Planning Commission concurrently with the code amendment.
Commissioner Heng asked about the D.C. Circuit's August 9, 2019 decision in United Keetoowah Band of
Cherokee Indians in Okla. v. FCC.
Deputy City Attorney Bettenhausen clarified that the case has no direct impact on West Covina because the
City is not involved in the issuance of spectrum.
https://destinyhosted.com/print_ag_memo.cfm?seq=702&rev_num=0&mode=Extemal&reloaded=true&id=93782 3/5
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 25
(vii) AD wireless telecommunications facilities subject to a major WTFP shall not be
located in the PROW within 100 feet of designated historic buildings.
(c) Noise. AR wireless telecommunication facilities and accessory equipment shall comply
with all applicable noise control standards and regulations stated in this division,
including the Mowing_
(i) Backup generators shall only be operated during periods of power outages, and
shall not be tested on weekends or holidays, or between the hours of 7:00 pm and
7.00 am;
(ii) At no time shall equipment 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
pubfic right-of-way adiacent to a business, commerciat manufacturing, utility or
school zone; provided, however, that for any such facility located within 500 feet
of any property zoned residential or in proved with a residential use, such
equipment noise shall not exceed 45 dBA three feet from the sources of the noise.
(d) Landscaping. Wireless telecommunication facilities shall not displace any existing
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
her designee and (2) the applicant submks and adheres to a landscape maintenance plan.
The landscape plan must inchule existing vegetation, and vegetation proposed to be
removed or trimmed, and the landscape plan nest identify proposed landscaping by
species type, size and location. Landscape maintenance shall be perfomied in accordance
to the pubfic services director, or his or her designee. To preserve existing landscaping in
the PROW, aIl work perfomied in connection with wireless telecommunication facilities
shaft 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 ks sole cost and expense,
to plant and maintain replacement trees at the site for the duration of the pemik term
(e) No facility Ad bear any signs or advertising devices other than certification, warning
or other signage required by law or permitted by the city.
(f) Accessory Equipment. Not including the electric meter, aIl accessory equipment shaft be
located underground unless city staff detem»nes that there is no room in the PROW for
undergrounding or that undergrounding is not feasible. Such accessory equipment shall
be enclosed with a structure and shall be fufiy screened and camouflaged, including the
use of landscaping, architectural treatrlient or other acceptable akemate screening
method. Required electrical nrters or cabinets shall be screened and/or camouflaged per
the adopted Design Guidelines.
(g) Support Structures. Only pole -mounted antennas shall be pemritted in the PROW.
Mounting to aIl other fom>,s of support structure in the PROW are prohibited.
W Utility Poles. Wireless telecommunication facilities proposed to be installed on an
existing utility pole must install aIl antennas above the pole unless the applicant
demonstrates that mounting the antennas above the pole would be technically
infeasible as supported by clear and convincing evidence in the written record. The
maximum height of any antenna or equipment above the pole shag not exceed five
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 26
(5) feet. Antennas must be concealed within a shroud. All cables, wires and other
connectors nwt be concealed within the side -arm mount or extension arm of a wood
pole and within the inside of any other pole. The magnum horizontal separation
between the antenna and the pole shall be the minimum separation required by
applicable health and safety regilations.
60 Streetlight Poles. The rrkWmum height of any antenna and equipment shall not
exceed five (5) feet above the existing height of other streetlight pole(s) installed
along the same street.
(in) Replacement Poles. If an applicant proposes to replace a pole that is an eligible
support structure to accommodate the proposed facility, the replacement pole shall
be designed to resemble the appearance and diimnsions of existing poles near the
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 utility provider's standards and specifications but designed to
accommodate wireless antennas and accessory equipment located irrmtediately
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
conceakg all the accessory equipment either within the pole or within an integrated
enclosure located at the base of the pole. The pole diameter shall not exceed 12
inches. 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 nnast function for a purpose other than placement of a wireless
facility (e.g., street light, street sign poles, etc.).
2. The design must match the dimensions and design of existing and similar types
of poles and antennas in the surrounding areas.
(h) Obstructions; Public Safety. SWF and any associated equipment or improvements shall
not physically interfere with or impede access to any:
(i) Each component part of a facIty shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, incommode the public's use of
the right-of-way, or cause safety hazards to pedestrians and motorists.
(ii) A facility shall not be located within any portion of the public right of -way interfering
with access to a fire hydrant, fire station, fire escape, water valve, underground vault,
valve housing structure, or any other public heakh or safety facility.
(iu) Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points
to any building appurtenant to the rights -of -way;
(2) Eligible Facilities Request Design and Development Standards. Approved eligible facilities
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:
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 27
(a) WTFP Subject to Conditions of Underlying Permit. Any WTFP granted in response to an
application qualifying as an eWble fadities request shall be subject to the terms and
conditions of the underlying pemiit and all such conditions that were applicable to the
facility prior to approval of the subject eligible facility request.
(b) No Permit Term Extension. The city granting, or granting by operation of law, of an
eligible facilities request permit constitutes a federally -mandated modification to the
underlying pem» t or approval for the subject tower or base station. Notwithstanding any
pemi t duration established in another permit condition, the city's granting, or granting by
operation of law, of an eligible facilities request pemiit will not extend the permit term
for the underlying pemijt or any other underlying regulatory approval, and its term shall
have the same term as the underlying pemiit or other regulatory approval for the subject
tower or base station.
(c) No Waiver of Standing. The citVs granting, or granting by operation of law, of an eligib le
faciles 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 interpret
Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the
Spectrum 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 deemed
necessary by the phnrID ng 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:
(1) The pennittee shall at all times maintain compliance with all applicable federal, state, and
local laws, regulations and other rules, including, without limitation, those applying to use of
the PROW. The pemiittee shall ensure that all equipment and other improvements to be
constructed and/or installed in connection with the approved WTFP are mtintained in a
nramier that is not detrimental or iniurious 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 tiles relevant to the WTFP.
(2) Unless otherwise provided herein, all necessary repairs and restoration shall be completed by
the vemiittee, owner, operator or any designated maintenance agent at its sole cost within 48
hours:
(a) After discovery of the need by the pemittee, owner, operator, or any designated
maintenance agent; or
(b) After pemrittee, owner, operator, or any designated maintenance agent receives
notification from the city.
(3) insurance. The pemMtee shall obtain and maintain throughout the term of the permit a type
and amount of insurance as specified by city's risk management. The relevant pohey(ies) shall
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 28
name the city, its elected/appointed officials, commission members, officers, representatives,
agents, and employees as additional insured. The penr ittee 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) Indemnities. The pemittee and, if applicable, the owner of the property upon which the
wireless facilky is installed shall defend, indemnify and hold harmless the city, its agents,
officers, officials, and employees (a) from any and all damages, liabilities, injuries, losses,
costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, 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 city's approval of
the perrrnt, and (b) from any and all damages, &abilities, injuries, losses, costs, and expenses,
and any and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal injury, death or property damage,
arising out of or in connection with the activities or performance of the pemiltee or, if
applicable, the private property owner or any of each one's agents, employees, licensees,
contractors, subcontractors, or independent contractors. In the event the city becomes aware
of any such actions or claims the city shall promptly notify the penrittee and, if applicable,
the private property owner and shall reasonably cooperate in the defense. The city shall have
the right to approve, which approval shall not be unreasonably withheld, the legal counsel
providing the city's defense, and the property owner and/or permjttee (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 pem ittee shall
Me with the city, and shall maintain in good standing throughout 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 security shall be in the amount equal to 100 percent of the cost of removal of
the facility as specified in the application for the WTFP or as that amount may be modified
by the city engineer in the permit based on the characteristics of the installation. The permittee
shall reimburse the city for staff time associated with the processing and tracking of the bond,
based on the hourly rate adopted by the city council Reimbursement shall be paid when the
security is posted and during each administrative review.
(6) Adverse hmpacts on Adjacent Properties. Pemrittee shall undertake all reasonable efforts to
avoid undue adverse inmacts to adiacent properties and/or uses that may arise from the
construction, operation, maintenance, modification, and removal of the facility. All facIties,
including each piece of equipment, shall be located and placed in a manner so as to not
interfere with the use of the PROW, itrmede the flow of vehicular or pedestrian traffic, impair
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 pemittee 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 pemittee, the owner, the operator and the agent responsible for the nuintenance of the
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 29
facility ('contact information"). Contact information shall be updated within seven days of
any change.
(8) AR facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, 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 free of:
(a) Subsidence, cracking, erosion, coDapse, weakening, or loss of lateral support to city
streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals,
improvements of any kind or nature, or utility lines and systems, underground utility line
and systems (water, sewer, storm drains, gas, oiL electrical etc.) that result from any
activities performed in connection with the installation and/or maintenance of a wireless
facility in the PROW;
(b) General dirt and grease;
(c) Chipped, faded, peeling, and cracked paint;
(d) Rust and corrosion;
(e) Cracks, dents, and discoloration;
(f) Missing, discolored or damaged art'&ial foliage or other camouflage;
(g) Graffiti bills, stickers, advertisements, fitter and debris. AH graffiti on faciles nwst be
removed at the sole expense of the pennhtee within 48 hours after notification from the
(h) Broken and misshapen structural parts; and
(i) Any damage from any cause.
(9) All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in neat, safe and good condition at aIl tines, and theyerrnittee, 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 pemittee shall replace its facilities, after obtaining aIl required permits, if maintenance
or repair is not sufficient to return the facility to the condition it was in at the time of
installation.
(11) Each facility shall be operated and maintained to comply with all conditions of approvaL The
permittee, 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 may be
identified. These will be reported to the pernittee. The city shall give the permittee 30 days
to correct the identified maintenance concems after which the city reserves the right to take
any action it deems necessary, which could include revocation of the permit. The burden is
on the perr»ttee to demonstrate that it complies with the requirements hereirn. Prior to
issuance of a peril under this division, the owner of the facility shall sign an affidavit
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 30
attesting to understanding the city's requirement for perfomtance of annual inspections and
reo .
(12)AU facilities pemitted pursuant to this division shall comply with the Africans with
Disabilities Act.
(13) The penrittee shag be responsible for obtaining power to the facility and for the cost of
electrical usage.
(14) Interference.
(a) The pemrittee shall not move, alter, temporarily relocate, change, or interfere with any
existing structure, improvement, or property without the prior consent of the owner of
that structure, ] Mroyefrit, or property. No structure, ] Mroyefrit, or property owned
by the city shall be moved to accommodate a permitted activity or encroachment, unless
the city detemrines that such movement will not adversely affect the city or any
surrounding businesses or residents, and the penulittee pays all costs and expenses related
to the relocation of the citv's structure, improvement, or property. Prior to commencement
of any work pursuant to a wireless encroachment penult, the permittee shall provide the
city witb documentation establishing to the citv's satisfaction that the pem ittee has the
legal right to use or interfere with any other structure, improvement, or property within
the PROW or city utility easement to be affected by permdtee's faciles.
(b) The facility shall not damage or interfere in any way with city property, the city's
operations or the operations of prior -existing, third party installations. The city will
reasonably cooperate with the pern ittee and/or carrier to care out such activities as are
necessary to correct the interference.
(i) Signal Interference. The pemittee shall correct any such interference within 24 hours
of written notification of the interference. Upon the expiration of the 24-hour cure
period and mtil the cause of the interference is eliminated, the permittee shall cease
operation of any facility causing such interference until such interference is cured.
(il) Physical Interference. The city shall give the pernlittee 30 days to correct the
interference after which the city reserves the right to take any action it deems
necessary, which could include revocation of the permit.
(c) 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 aff cases, other than
emergencies, give the applicant 30 days written notification of such planned, non -
emergency actions.
(14) RF Exposure Compliance. AR facilities shag comply with aH 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 pemiaee or its representative must conduct on -site post -
installation RF emissions testing to demonstrate actual compliance with the FCC Office of
Engineering and Technology Bulletin 65 RF Emissions Safety Rules for General
Population/Uncontrolled RF Exposure in AH Sectors. For this testing, the transmitter shall be
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 31
operating at magnum operating power, and the testing shall occur outwards to a distance
where the RF emissions no longer exceed the uncontrolled/general population limit.
(a) Testing of any equipment shall take place on weekdays only, and only between the hours
of 8:30 am and 430 pm Testing is prohibited on holidays and weekends.
(15) Records. The permittee shall maintain complete and accurate copies of all pemrits and other
regulatory approvals issued in connection with the facility, which includes without limitation
this approval, the approved plans and photo sjmulations 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 pemnttee 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
would be resolved through an inspection of the missing records will be construed against the
pernlRtee.
(16) Attomey s Fees. In the event the city detemlmes 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
pemlrttee shall be required to pay any and all costs of such legal action, including reasonable
attorneys 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 penuittee to waive said fees
or any part thereof. The foregoing shall not apply if the pern>ittee 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 public right-of-way, when such installation, use or maintenance
endangers or is reasonably likely to endanger the safety of persons or property, or when such site
or location is used for public utility purposes, public transportation purposes or other governmental
use, or when such facility unreasombly interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street fumiture or other objects
permitted at or near said location
Sec. 26-685.11900 Nonexclusive grant; no possessory interests.
(1) Noyemljt or approval granted under this division shall confer any exclusive right, privilege,
license or franchise to occupy or use the public right-of-way of the city for any purpose
whatsoever. Further, no approval shall be construed as 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 govemmental entity with taxation authority, the penrttee
acknowledges that the city has given to the applicant notice pursuant to Calffomia 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 interest
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 32
taxes or other taxes, fees, and assessments levied against their right to possession, occupancy,
or use of any Public property pursuant to any right of Possession, occupancy, or use created
by the WTFP.
(3) The permission granted by a WTFP shall not in any 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 privilege given
thereby.
Sec. 26-685.12000 Permit expiration; abandonment of applications.
(1) Pemik Term. Unless Govemment Code Section 65964, as may be amended, authorizes the
city to issue apemrrt with ashorter temr, apermit for any wireless telecommunications facility
shall be valid for a period of ten (10) years, unless pursuant to another provision of this code
it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such
pemil shall automatically expire.
(2) A permittee may apply for a new vemit within 180 days prior to expiration. Said applicatio n
and proposal shall comply with the city's current code requirements for wireless
telecommunications facilities.
(3) Timing of Instalation. 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 repairs and/or restoration to the PROW, within 30 days following the day
construction conmrnced.
(4) Conmrncen-ent of Operations. The operation of the approved facRy shall commence no
later than 90 days after the completion of installation, or the WTFP will expire without further
action by the city. The Pemrrttee shall provide the planning director and city engineer notice
that operations have comr raced by the same date.
Sec. 26-685.12100 Cessation of use or abandonment.
(1) A wireless telecommunications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless telecommunications services for
90 or more consecutive days unless the pern*tee 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 effective until all users cease using the facility.
(2) 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 pertyked site or a nonconforming site (including
unpemlitted 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 city engineer of any discontinuation of operations of 30 days or more.
(3) Faihne to inform the planning director and city engineer of cessation or discontinuation of
operations of any existing facility as required by this section shah constitute a violation of any
approvals and be grounds for:
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 33
(a) Litigation;
(b) Revocation or modification of the permit;
(c) Acting on any bond or other assurance required by this article or conditions of approval
of the pemnt;
(d) 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
(e) Any other remedies permitted under this code or by law.
Sec. 26-685.12200 Removal and restoration —Permit expiration, revocation or
abandonment.
(1) Upon the expiration date of the pemrit, including any extensions, earlier termination or
revocation of the WTFP or abandonment of the facility, the permttee, owner or operator shall
remove its wireless telecommunications facility and restore the site to the condition t 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
heath and safety requirements and all ordinances, rules, and regulations of the city. Expired,
terminated or revoked wireless telecommunications facility equipment shall be removed from
the site at no cost or expense to the city.
(2) Faikne of the permittee, owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration, earlier tem»nation 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 engmeer where circurmtances are
beyond the control of the vermittee after expiration. Further failure to abide by the timeline
provided in this section shall be gxounds for:
(a) Prosecution;
(b) Acting on any security instrument required by this division or conditions of approval of
pemlit;
(c) Removal of the faciles by the city in accordance with the procedures established
under this code for abatement of a pubic nuisance at the owner's expense; and/or
(d) Any other remedies pemritted under this code or by law.
(3) Sunmary RemovaL In the event any city director or city engineer determines that the
condition or placement of a wireless telecommunications facility located in the pubfic right-
of-way constitutes an immediate dangerous condition, obstruction of the public right-of-way,
or an imminent threat to pubfic safety, or determines other exigent circumstances require
immediate corrective action (collectively, "exigent circumstances"), such director or city
engineer may cause the facility to be removed summarily and immediately without advance
notice or a hearing. Written notice of the removal shall include the basis for the removal and
shaft be served upon the pemnittee 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 falls to pick-up the
Property within 60 days, the facility shall be treated as abandoned property.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 34
(4) Removal of Facilities by City. In the event the city removes a wireless telecommunications
facility in accordance with nuisance abatement procedures stated in Chapter 15, Article IX
(Administrative Nuisance Abatement) of this code or pursuant to the summary removal
procedures of subsection (3), above, any such removal shall be without any liability to the city
for any damage to such facility that may result from reasonable efforts of removal In addition
to the procedures for recovering costs of nuisance abatement, the city may cofiect such costs
from the performance bond posted and to the extent such costs exceed the amount of the
performance bond, cofiect those excess costs in accordance with this code. Unless otherwise
provided herein, the city has no obligation to store such facility. Neither the permittee, owner
nor operator shall have any claim if the city destroys any such facility not timely removed by
the pemuttee, 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 implementation of this chapter and decisions on applications for placenent of wireless
telecommunications facilities in the PROW shall at a minimum, ensure that the requirements of
this division are satisfied, unless it is determined that the appficant has established that denial of
an application would, within the meaning of federal law, prolubit or effectively 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 wifeless telecorm mikations facilities in the right-
of-way.
(1) Legal nonconforming wireless telecommunications facilities are those facilities that existed
but did not conform to this division on the date this division becarne effective.
(2) Legal nonconforming wireless telecommunications facilities shall, within ten (10) years from
the date this division became effective, be brought into conformity with aH 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.
(3) An aggrieved person may file an appeal to the city council of any decision the planning
director, city engineer, or other deciding body made pursuant 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 invesawnt or original cost,
present actual or depreciated value, dates of construction, amortization for tax purposes,
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
11/16/2020
Print Staff Report
Three members of the public provided comments during the Planning Commission meeting: Mr. Fred Sykes is
in opposition to all wireless facilities; Ms. Mimi Quan spoke in favor of adopting stricter regulations with
public input for all applications; and Mr. Raymond Quan urged the Commission to adopted stricter aesthetic
standards and regulations.
The Planning Commission voted 4-1 (Commissioner Heng was the dissenting vote) to approve Resolution No.
20-6018 (Attachment No. 2) recommending the City Council adopt Code Amendment No. 16-03 as presented.
DISCUSSION:
The proposed code amendment would add a new section to the Zoning Code regarding Wireless
Telecommunications Facilities in the Public Right -of -Way (Attachment No. 1). The existing standards for
facilities outside the public right-of-way would remain in effect and be renamed Wireless Telecommunication
Facilities Within All Land Use Zones. The draft ordinance provides the following changes to the West Covina
Municipal Code (WCMC):
Division 3. - Conditional Use Permit (Section 26-247)
Clarifies that the existing conditional use permit findings are for projects located within all land -use
zones (areas with a zoning designation).
Cross-references findings within Section 26-685-11500 for projects located within the public right-of-
way.
Division 16 - Wireless Telecommunication Facilities
• Clarifies that Division 16 (Wireless Telecommunication Facilities Within All Land Use Zones) will not
apply to wireless telecommunication facilities in the public right-of-way.
• Cross-references where the code section pertaining to wireless telecommunication facilities in the public
right-of-way is located and directs readers to the newly created Division 29 (Wireless
Telecommunications Facilities in the Public Right -of -Way).
Division 29 - Wireless Telecommunication Facilities in the Public Right -of -Way
• New division created in the Municipal Code.
• Identifies the Planning Director as the person responsible for administering the division.
• Requires an Administrative Review application for minor wireless telecommunication facility permits
(small wireless facilities or eligible facilities that comply with the adopted design guidelines, and
are located at least 250 feet from another wireless telecommunication facility, and/or at least 250 feet
from a proposed wireless telecommunication facility within the same application bundle).
• Requires a Conditional Use Permit for wireless telecommunication facilities that do not qualify for an
Administrative Review (major wireless telecommunication facility permits).
• Identifies that Planning Division, Planning Commission, and/or City Council approval does not
constitute an encroachment permit and/or the issuance of permits from other City divisions/departments
or other government entities.
• Identifies application submittal requirements and application review procedures. Items required for
submittal include: application fee, completed application, construction drawings/plans, site survey,
photosimulations (360 degrees), project narrative and justifications, RF compliance report, proof of
regulatory authorization, site agreement, acoustic analysis, wind load analysis, environmental data,
traffic control plan, landscape plan, certificate of public convenience and necessity (CPCN) issued by
the California Public Utilities Commission, master deployment plan (for small wireless facilities), and
visual impact analysis (in cases where a CUP is required).
• Identifies design and development standards including: concealment requirements and reference to
design guidelines, location (e.g. not in median, set back from residential structures), noise, landscaping,
https://destinyhosted.com/print_ag_memo.cfm?seq=702&rev_num=0&mode=Extemal&reloaded=true&id=93782 4/5
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 35
the prescribed amortization period, and set an amortization period accordingly for the specific
Property.
SECTION NO. 6: 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.7: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
PASSED, APPROVED AND ADOPTED this 17th day of March 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SBERRICK, 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 of said Council, and attested by the Assistant City Clerk,
at a regular feting of the City Council held on the 17' day of March 2020, and that the same was
passed by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
PLANNING COMMISSION
RESOLUTION N0.20-6018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 16-03, CODE
AMENDMENT RELATED TO WIRELESS TELECOMMUNICATION
FACILITIES IN THE PUBLIC RIGHT OF WAY
CODE AMENDMENT NO. 16-03
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the 161h 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 26`h day
of November 2019, conduct a duly advertised public hearing as prescribed by law, and continued
the hearing to a date certain of January 28, 2020; and
WHEREAS, the Planning Commission, did on the 2e day of January 2020, conduct a duly
advertised public hearing as prescribed by law, and
WHEREAS, studies and investigations made by this Commission and on its behalf reveal the
following facts:
The City's provisions for wireless telecommunication facilities were last updated in 2011.
2. The Municipal Code currently does not have explicit regulations pertaining specifically to
wireless telecommunication facilities in the public right-of-way.
3. On September 27, 2018, the Federal Communications Commission (FCC) released a
Declaratory Ruling and Third Report and Order (FCC Order) significantly limiting local
management of Small Wireless Facilities (SWF).
i
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 2
On April 4, 2019, the California Supreme Court decided T-Mobile West, LLC vs. City and
County of San Francisco, validating that municipalities can regulate the aesthetics of
wireless facilities in the right of way.
It is necessary to amend the municipal code to create transparent procedures and standards
regulating wireless telecommunication facilities in the public right-of-way in order to (a)
preserve the public right-of-way ("PROW') in the city for the maximum benefit and use of
the public, (b) to promote and protect public health and safety, community welfare, and the
aesthetic quality of the city consistent with the goals, objectives and policies of the general
plan, and (e) to provide for the orderly, managed and efficient development of wireless
telecommunications facilities in accordance with the state and federal laws, rules and
regulations
The proposed action is exempt from the provisions of the California Environmental Quality
Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the
proposed action consists of a code amendment, which does not have the potential for
causing a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West
Covina as follows:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth
herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment
No. 16-03 is hereby found to be consistent with the West Covina General Plan and the implementation
thereof, and that the public necessity, convenience, general welfare, and good zoning practices require
Code Amendment No. 16-03.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approves Code Amendment No. 16-03 to amend Chapter 26 (Zoning) of the
West Covina Municipal Code as shown on Exhibit "A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for their attention in the manner as prescribed by law and this Resolution shall go into force
and effect upon its adoption.
[continued on next page]
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 3
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 28th day of January,
2020, by the following vote.
AYES: Holtz, Redholtz, Kennedy, Jaquez,
NOES: Heng
ABSTAIN: None
ABSENT: None
DATE: January 28, 2020
Herb Redholtz, Chairman
Planning Commission
Je7t�ffdeison, Secretary
Planning Commission
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 4
EXHIBIT A
ORDINANCE NO.
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 2011.; and
WHEREAS, the City's Municipal Code currently does not have explicit regulations
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 26' day
of November 2019 and 28`' 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 Council, upon giving the required notice, did on the _ day of
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 Enviromnental
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.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 5
WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA HEREBY ORDAINS AS FOLLOWS:
SECTION NO. 1: Section 26-247 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:
W(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.
Q(b) That such use will not, under the circumstances of the particular case, be
detrimental 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 and 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.
L4�(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 channeled
through residential areas on local residential streets.
LQ(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.2: 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 FACILITIES WITHIN ALL
LAND -USE ZONES
SECTION NO.3: Section 26-685.983 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 citizens
band radio antennas, for the sole use of the occupant of the parcel on which the
antenna is located.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 6
(2) Wireless telecommunications facilities owned and operated by the city or other
public agency when used for emergency response services, public utilities,
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) 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
chapter.
SECTION NO. 4: Section 26-685.984 of the West Covina Municipal Code is
hereby amended to read as follows:
(a) No wireless telecommunication facilities are permitted in residential zones except for
the following:
(1) Wireless telecommunication facilities listed under section 26-685.983(1) 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
chapter.
(3) Wireless telecommunication facilities located in residential zones 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 wire -mesh surface with a diameter or maximum width greater
than twelve (12) feet are prohibited in residential zones.
SECTION NO. 5: Division 29 is hereby added to Chapter 26, Article XII of the
West Covina Municipal Code to read as follows:
DIVISION 29 — WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC
RIGHT-OF-WAY
See. 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
telecommunication facilities within the city's public right-of-way. The purpose 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 necessary (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 welfare and the aesthetic quality
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 7
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
("CPUC") and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced by
the use of the PROW for the placement of wireless facilities.
See. 26-685.11100. - Applicability
(1) This division applies to the siting constriction or modification of any and all wireless
telecommunications facilities proposed to be located in the ublic 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
and receive an encroachment permit when applicable in order to be considered legal and
conforming.
(3) This division does not apply to the following:
(a) Amateur radio facilities;
(bb) OTARD antennas;
(cc) Facilities owned and operated by the city for 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 shall 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
with an emergency or event at the discretion of the city engineer, but no longer than
required for the emergency or event provided that installation does not involve
excavation movement or removal of existing facilities
(4) 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. - Definition
(1) "Accessory equipment" means any and all on -site equipment including without
limitation back-up generators and power supply units cabinets coaxial and fiber optic
cables connections equipment buildings shelters vaults radio transceivers transmitters
pedestals splice boxes fencing and shielding surface location markers, meters, regular
power supply units fans air conditioning units cables and wiring to which an antenna is
attached in order to facilitate the provision of wireless telecommunication services.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 8
(2) "Antenna" means any system of wires poles rods reflecting discs or similar devices of
various sizes materials and shapes including but not limited to solid or wire -mesh dish,
horn spherical or bar configured arrangements 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 supportall of which elements are
deemed to be part of the antenna.
(4) "Approval authority" means the city official responsible for reviewing applications for
small cell permits and vested with the authority to approve conditionally approve or deny
such applications.
(5) "Base station" shall have the meaning as set forth in Title 47 Code of Federal Regulations
(CPR) Section 1 40001(b)(1) or any successor provision This means a structure or
equipment at a fixed location that enables FCC -licensed or authorized wireless
communications 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 any equipment associated with a tower. Base station
includes_ without limitation:
(a) Equipment associated with wireless communications services such as private,
broadcast and public safety services as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul.
(b) 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 structure 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 has been reviewed and approved under the applicable
zoning or siting process or under another state or local regulatory review process,
even if the structure was not built for the sole or primary purpose of providing that
support.
(d) "Base station" does not include any structure that at the time the relevant application
is filed under this division does not support or house equipment 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 structure that actually supports wireless equipment even though it was not
originally intended for that purpose Examples include but are not limited to wireless
facilities mounted on buildings utility poles light standards or traffic signals. A
structure without wireless equipment replaced with a new structure designed to be
the additional weight from wireless equipment constitutes a base station.
(5) "Cellular" means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring cell sites.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 9
(6) "City" means the City of West Covina.
(7) "Code" means the West Covina Municipal Code.
(8) "Collocation" means the lacement 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 'concealment" means camouflaging 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 likely
recognize the existence of the wireless facility or concealment technique.
(10) "COW" means a 'bell on wheels," which is a portable self-contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services which facility s temporarily rolled in or temporarily installed
at a location Under this division 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
rights -of -way in which the pole is located.
(12) "Distributed antemia 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 telecommunications 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) "Eligible facilities request" means any request for modification to an existing eligible
support structure that does not substantially change the physical dimensions of such
structure, involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment;
(c) Replacement of transmission equipment (replacement does not include completely
replacing the underlying sport structure)• or
(d) Hardeningthrough hrough structural enhancement where such hardening is necessary to
accomplish the eligible facilities request but does not include replacement of the
underlying support structure.
"Eligible facilities request" does not include modifications or replacements when an eligible
support structure was constructed or deployed without proper local review, was not required to
undergo local review, or involves equipment that was not properly approved 'Eligible facilities
request" does include collocation facilities satisfying all the requirements for a non -discretionary
collocation facility pursuant to Government Code Section 65850.6.
11/16/2020
Print Staff Report
accessory equipment (undergrounding), support structures (pole mounted only), and obstructions for
public safety prohibited.
• Identifies operation and maintenance standards
• Outlines procedures for permit expiration, abandonment, removal, and legal non -conforming facilities.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance as to form and content and has concluded that
they are in compliance with both State and federal law.
OPTIONS:
The City Council has the following options:
1. Approve the Planning Commission's recommendation; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of
the CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project,
respectively. The amendment to the West Covina Municipal Code would not result in a physical change in the
environment because it would clarify submittal requires and create development standards for future
applications for wireless telecommunication facilities in the public right-of-way.
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
The proposed code amendment will have no fiscal impact. Applicants will be required to pay fees to cover
any staff costs as well as hard costs required to process applications.
Attachments
Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Resolution No. 20-6018
Attachment No. 3 - Signed Resolution Design Guidelines
Attachment No. 4 - Nov 26, 2019 Minutes (Excerpt)
Attachment No. 5 - Jan 28, 2020 Minutes (Excerpt)
CITY Enhance the City Image and Effectiveness
COUNCIL Engage in Proactive Economic Development
GOALS &
OBJECTIVES:
https://destinyhosted.com/print_ag_memo.cfm?seq=702&rev_num=0&mode=Extemal&reloaded=true&id=93782 5/5
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 10
(14) "Eligible support structure" means any support structure located in the PROW that is
existing at the time the relevant application is filed with the city under this division.
(15) "Existing" means a support structure wireless telecommunications facility, or accessory
equipment that has been reviewed and approved under the city's applicable zoning or
permitting process or under another applicable state or local regulatory review process,
and lawfully constructed prior to the time the relevant application is filed under this
division However, a supportstructure wireless telecommunications facility, or
accessory equipment 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 any 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.
(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 purpose of supporting an antenna or wireless
telecommunications facility and placed directly on the ground at grade level.
(20) "Lattice tower" means an open framework structure used to support one or more
antennastypically with three or four support legs.
(21) "Located within (or in) the public right-of-way" includes an facility which in whole or
in part itself or as part of another structure rests upon in over or under the PROW.
(22) "Ministerial permit" means any city -issued non -discretionary permit required to
commence or complete any construction or other activity subject to the city's
jurisdiction Ministerial ermits may include without limitation a building permit
construction permit electrical permit encroachment permit excavation permit and/or
traffic control permit.
(23) "Modification" means a change to an existing wireless telecommunications facility that
involves any of the following: collocation expansion alteration enlargement,
intensification reduction or augmentation including but not limited to changes in size
shape color visual design or exterior material "Modification" does not include repair,
replacement or maintenance if those actions do not involve whatsoever any expansion,
alteration enlargement intensification reduction or augmentation of an existing
wireless telecommunications facility.
(24) "Monopole" means a structure composed of a pole or tower used to support antennas or
related equipment A monopole includes a monopine monopalm and similar monopoles
10
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 11
camouflaged to resemble faux trees or other faux obiects 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 amended or replaced from time to
time.
(27) "Permittee" means any person or entity 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 commercial mobile services unlicensed wireless services and common carrier
wireless exchange access services.
(29) "Planning director" means the director of community development, or his or her
designee.
(30) "Pole" means a single shaft of wood steel concrete or other material capable of
sporting the equipment mounted thereon in a safe and adequate manner and as
required by provisions of this code.
(31) "Public right-of-way" or "PROW" means a strip 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,
gutters sidewalks roadway medians parkways and parking 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 hall and
community center lands city yards and lands supporting reservoirs water towers
police or fire facilities and non -publicly accessible utilities.
(32) "City Engineer" means the City Engineer, or his or her designee.
(33) "Replacement" refers only to replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where the replacement
structure will be of like -for -like kind to resemble the appearance and dimensions of the
structure or equinment replaced including size height color, landscaping materials and
style.
(a) In the context of determining whether an application qualifies as an eligible facilities
r request the term "replacement" relates only to the replacement of transmission
equipment and does not include replacing the support structure on which the
equipment is located.
(b) In the context of determining whether a SWF application qualifies as being placed
r upon a new eligible support structure or qualifies as a collocation an application
proposing the "replacement" of the underlying support structure qualifies as a new
pole proposal.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 12
(34)"Radiofrequency emissions" (RF) means the electromagnetic signals transmitted and
received using wireless telecommunication antennas.
(35) "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of2012 Pub L. No 112-96 126 Stat 156 codified as 47 U.S.C. § 1455(a) as may
be amended. The Middle Class Tax Relief and Job Creation Act of 2012 is also
referenced herein occasionally as the "Spectrum Act".
(36) "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 cell," 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" has the same meaning as "substantial change" as defined by the
FCC at 47 C.F.R. 1 40001(b)(7) Notwithstanding the definition above, if an existing
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
proximity 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 Manning director may allow for a ground
mounted cabinet A modification or collocation results in a "substantial change" to the
physical dimensions of an eligible support structure if it does any of the following:
(aa) It increases the height of the structure by more than ten percent or more than ten
feet whichever 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;
(c) It involves installation of more than the standard number of new equipment
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 equipment 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 volume than any other
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 sort structure is proposed•
(e) It defeats the concealment or stealthing elements of the eligible support structure;
or
(f) It does not comply with conditions associated with the siting approval of the
construction or modification of the eli ibg le support structure,provided however that
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 13
this limitation does not apply to any modification that is non -compliant only in a
manner that would not exceed the thresholds identified in paragraphs 1, through 4.
of this definition.
(g) 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;
ii The proposed collocation or modification would defeat the concealment
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.
The thresholds and conditions for a "substantial change" described in this section are
disiunctive such that the violation of any individual threshold or condition results in a
substantial change The height and width thresholds for a substantial change described in this
section are cumulative for each individual support structure The cumulative limit is measured
from the physical 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.
(39) "Support structure" means a tower, pole base station or other structure used to support a
wireless telecommunications facility.
(40)"SWF" means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1) as
may be amended which are personal wireless services facilities that meet all the
following conditions that solely for convenience have been set forth below:
(a) The facility:
(i) 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
(iii) Does not extend an existing structure on which it is located to a height of
more than 50 feet or by more than ten percent whichever is greater;
(b) Each antenna associated with the deployment excluding associated antenna
equipment as defined in the definition of antenna in 47 C.P.R. Section 1.1320(d)),
is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure including the wireless
equipment associated with the antenna and any pre-existing associated equipment
on the structure is no more than 28 cubic feet in volume•
13
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 14
(d) The facility does not require antenna structure registration under 47 C.F.R. Part
17•
(e) The facility is not located on Tribal lands as defined under Title 36 C.F.R. Section
800.16(x); and
(fl The facility does not result in human 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(b)(9) including without limitation a freestanding
mast pole monopole guyed tower, lattice tower, free standing tower or other structure
designed and built for the sole or primary purpose of supporting any FCC -licensed or
authorized antennas and their associated facilities including structures that are
constructed for wireless communications services including but not limited to, private,
broadcast and public safety services as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul and the associated site. This definition
does not include utility poles.
(42) "Transmission equipment" means equipment that facilitates transmission for any FCC -
licensed or authorized wireless communication service including, but not limited to,
radio transceivers antennas coaxial or fiber-optic cable and regular and backup power
supply. The term includes equipment associated with wireless communications services
including but not limited to private broadcast and public safety services as well as
unlicensed wireless services and fixed wireless services such as microwave baeldlaul.
(43) "Utility pole" means any pole or tower owned by any utility ompany that is primarily
used to sUport wires or cables necessary to the provision of electrical or other utility
services regulated by the California Public Utilities Commission. A telecommunications
tower is not a utility pole.
(44) "Wireless telecommunications facility" means a mechanical device, land, and/
structure 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 equipment
buildings or cabinets parkin areas and other accessory development Exceptions: The
term "wireless telecommunications facility" does not apply to the following:
(aa) Govermnent-owned and operated telecommunications facilities.
(b) Emergency medical care provider -owned and operated telecommunications
facilities.
(c) Mobile services providing public information coverage of news events of a
temporary nature.
(d) Any wireless telecommunications facilities 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
14
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 15
Telecommunications Act of 1996 at 47 U.S.C. § 332(e)(7)(C) or its successor statute,
cellular service personal communication service and/or data radio
telecommunications.
(46) "WTFP" means a "wireless telecommunications facility permit" required by this division,
T which may be categorized as either a maior WTFP or a minor WTFP.
Sec 26-685 11300 - Wireless telecommunications facility permit (WTFP) review authority.
(1) Administration The planning director is responsible for administering this division. As
part of the administration of this division, the director may:
(a) InterTret the provisions of this division;
(b) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities and proposed changes to any support structure
consistent with this division;
(c) Collect as a condition of the completeness of any application any fee established
by this division;
Q Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal laws and
regulations;
(e) Issue any notices of incompleteness requests for information or conduct or
commission such studies as maybe required to determine whether a permit should
be issued;
(f) Require as part of and as a condition of completeness of any application that an
applicant for a wireless telecommunication facilities permit send notice to members
of the public that may be affected by the placement or modification of the wireless
facility and roposed 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
(h) Take such other steps as may be required to timely act upon applications for
placement of wireless telecommunications facilities including issuing written
decisions and entering into agreements to mutually extend the time for action on an
application.
(2) Administrative review ("Minor WTFP") required.
(a) Certain wireless telecommunication facilities collocations, modifications, or
replacements to an eligible support structure is subject to the planning director's
review of an Administrative Review application if the following criteria are met•
(i) The proposal is determined to be for a SWF or an eligible facilities request;
and
(ii) The proposal complies with the adopted Design Guidelines for Wireless
Telecommunication Facilities in the PROW and
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 16
(iii) The location of the proposed wireless telecommunication facility is no less
than 250 feet from an existing or approved wireless telecommunication facility
location; and
(iv) The location of any proposed SWF is no less than 250 feet from the location
of a proposed SWF within the same application bundle.
(b) In the event that the planning director determines that any minor WTFP application
submitted does not meet the application criteria of this division the director shall
convert the application to a major WTFP and refer it to the planning commission
for consideration at a public hearing.
(3) Major Wireless Telecommunications Facilities Permit ("Major WTFP") required. All new
wireless telecommunications facilities or replacements collocations, or modifications to a
wireless telecommunications facility that are not qualified for an Administrative Review
shall require a Major WTFP subject to lanning commission hearingand nd approval unless
otherwise provided for in this division.
(4) Other Permits Required In addition to any permit 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 subject to the conditions and/or requirements of other required prior permits or other
approvals from other city departments/division state or federal agencies Building and
encroachment permits and all city standards and requirements therefor, are applicable. The
Planning Director and/or Planning Commission approval of any permits pursuant to this
division does not constitute an eneroaclunent permit and/or other permits issued by other
city departments/division to allow the physical installation of the wireless
telecommunications facility.
Sec 26-68511400 - Wireless telecommunications facility permit application submittal
requirements.
(1) General The applicant shall submit a paper copy and an electronic copy of anyaapplication
amendments modifications or sUplements to a WTFP Uplication 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 facilities within the city's jurisdictional and territorial 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 apre-application submittal meeting for a minor WTFP• however, the city
strongly encourages applicants to schedule and attend a pre -application submittal
conference with the approval authority fox all proposed minor WTFP projects and
particularlythose that involve more than five minor WTFPs.
(i) 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
limitation the appropriate project classification and review process; any latent issues
in connection with the proposed project including compliance with generally
applicable rules for public health and safety; potential concealment issues or
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 17
concerns (if applicable); coordination with other city departments/divisions
responsible for application review; and application completeness issues
ii) To mitigate unnecessary delays due to application incompleteness applicants are
encouraged (but not required) to bring any draft applications or other materials so
that city staff may provide informal feedback and guidance about whether such
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.
(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.
(b) All applications for WTFPs shall be initially submitted to the planning division. Each
applicant shall fully and completely submit to the city a written application on a form
prepared by the Planning division.
(c) Major WTFP applications must be submitted to the planning division at a scheduled
application submission appointment City staff will endeavor to provide applicants with
an appointment within five business days after receipt of a written request therefor. A
WTFP application will only be reviewed upon submission of a complete application
therefor. A pre -submission appointment is not required for minor WTFPs.
(d) For S WF 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 on the same support structure type. Each application
in a batch must meet all the requirements for a complete application, 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 application in a batch fails to meet the required
findings for approval, the entire batch shall be denied.
(e) If the wireless telecommunications facility will also require the installation 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 structure(s) Applicants
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 accessory equipment designed to serve an antenna must include all
features of the wireless telecommunications facility proposed.
(2) Application Contents —Minor WTFPs The content of the application form for facilities
subject to a minor WTFP shall be determined by the planning director in addition to all other
information reasonably deemed necessary, but at a minimum shall include the following:
(a) The name of the applicant its telephone number, mailing address electronic mail address
and contact information and if the applicant is a wireless infrastructure provider, the
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 18
name and contact information for the wireless service provider that will be using the
wireless facility.
(b) The name of the owner of the structureif different from the applicant, and a signed and
notarized owner's authorization for use of the structure.
(c) A complete description of the roposed wireless telecommunications facility and any and
all work that will be required to install or modify it including but not limited to, details
regarding wosed 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
facilities at the site before and after installation or modification; and a dimensioned map
identifying and describing the distance to the nearest residential dwelling unit and any
historical structure within 250 feet of the facility. Before and after 360 degree photo
simulations shall be provided.
(d) Documentation sufficient to show that the proposed facility will comply with generally -
applicable health and safety provisions of the municipal code and the FCC's radio
frequency emissions standards.
(fl copy of the lease or other agreement if any, between the applicant and the owner of
the property to which the proposed facility will be attached
(g) If the application is for a SWF the application shall state as such and shall explain why
the proposed facility meets the definition of a SWF.
(h) If the application is for an eligible facilities request the application shall state as such and
must contain information sufficient to show that the application qualifies as an eligible
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 equipment that was not properly approved. This shall include
copies of all applicable local permits 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 generally -
applicable health and safety provisions of the municipal 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 application
fee established by city council resolution. Batched applications for Major WTFP
projects must include the applicable application fee for each SWF in the batch
(ii) Construction Drawings The applicant shall submit true and correct construction
drawings prepared signed and stamped by a California licensed or registered
engineer, 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 hndholes manholes fire hydrants
equipment cabinets antennas cables trees and other landscape features The
construction drawings shall: (i) contain cut sheets that contain the technical
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 19
specifications for all existing and proposed antennas and accessory equipment, which
includes without limitation the manufacturer, model number, and physical
dimensions; (ii) identify all structures within 250 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 baekhaul utilities which shall include the
locations for all conduits cables wires handholes junctions transformers meters
disconnect switches and points of connection; and (iv) demonstrate that proposed
project will be in full compliance with all applicable health and safety laws
regulations or other rules which includes without limitation all building codes,
electric codes local street standards and specifications and public utility regulations
and orders.
(iii) Site Survey. For any SWF proposed to be located within the PROW, the applicant
shall submit a survey prepared, signed and stamped by a California licensed or
registered engineer. The survey must identify and depict all existing boundaries
encroachments and other structures within 250 feet from the proposed project site,
which includes without limitation all: (i) traffic lanes• (ii) all private properties and
property lines; (iii) above and below -grade utilities and related structures and
encroachments• (iv) fire hydrants roadside call boxes and other public safety
infrastructure• (v) streetlights decorative poles traffic signals and permanent
signage• (vi) 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 photographs and 360 degree photo
simulations that show the existing location and proposed SWF in context from at
least three vantage points within the public streets or other publicly 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 plain 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(1). A complete written
narrative analysis will state the applicable standard and all the facts that allow the
city to conclude the standard has been met —bare conclusions not factually supported
do not constitute a cornplete written analysis. As part of the written statement the
applicant must also include (i) whether and why the proposed support is a structure
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 comply with applicable federal RF exposure standards and exposure
limits The RF resort must be prepared and certified by an RF engineer acceptable
to the city. The RF report must include the actual frequency 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
/:UWII:�yrlur�l�Yli�[I][I
CI t 1 1► AMOOKI17 -EK11
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 2011.; and
WHEREAS, the City's Municipal Code currently does not have explicit regulations
pertaining specifically to wireless telecommunication facilities in the public right-of-way; and
WHEREAS, on the 161h 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 Plamiuig 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 28th 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 Council, upon giving the required notice, did on the 17th day of March
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 Environmental
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:
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 20
with RF exposures in excess of the uncontrolled/general population limit (as that
term is defined by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined by the FCC). Each
such boundary shall be clearly marked and identified for every transmitting antenna
at the project site.
(vii)Regulatory Authorization 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.
(viii) Site Agreement 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
enter into a site agreement prepared on a form prepared by the city and approved by
the city attorney that states the terms 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 unpermitted changes to the city'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
including all environmental control units sump pumps temporary backup power
generators and permanent backer power generators demonstrating compliance with
the following noise regulations:
1 Backup generators shall only be operated during periods of power outages and
shall not be tested on weekends or holidays or between the homy of 7:00 p.m.
and 7:00 a.m.;
2 At no time shall equipment 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 right-of-way adjacent to a business commercial manufacturing, utility
or school zone; provided however, that for any such facility located within 500
feet of any property zoned 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 manufacturers'
specifications for all noise -emitting equipment and a depiction of the proposed
equipment relative to all adjacent property lines In lieu of an acoustic analysis
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.
() 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 modification
of an existing facility.
(xi) Environmental Data A completed environmental assessment application or in the
alternative any and all documentation identifying the proposed WTFP as exempt
from environmental review (under the California Environmental Quality Act, Public
20
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 21
Resources Code 21000-21189 the National Environmental Policy Act 42 U.S.C.
&4321 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 in 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).
(xiii) Landscape PlanA 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
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 of its CPCN.
(xvi) Master Deployment PlanA master deployment plan showing the locations of
existing and proposed small wireless facilities over the next two years.
(j) If the applicant contends that denial of the application would prohibit or effectively
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.
(3) Application Contents —Major WTFPs The application form for a major 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 of the applicant owner, and the operator of the
proposed wireless telecommunication facility.
(bb) 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 person(s) or entity(ies) that will provide those services.
(c) A full written description of the proposed wireless telecommunications facility and its
purpose.
(d) Detailed engineering plans of the proposed wireless telecommunications facility and
related report prepared by a professional engineer registered in the state documenting the
following:
(i) Height/elevation diameter, layout and design of the facility, including technical
engineering specifications economic and other pertinent factors governing selection
21
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 22
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.
(ii) A photograph and model name and number of each piece of the facility or proposed
antenna array and accessory equipment 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
application).
(iv) Total anticipated capacity f the wireless telecommunications facility for the subject
carrier, indicating the number and types of antennas and power and frequency ranges
which can be accommodated.
(v) Sufficient evidence of the structural integrity of the support structure as required by
the city.
(e) A written description 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 explanation
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:
G) A meaningful comparative analysis that includes all factual reasons why the
proposed location and design deviates from or is the least compliant means of, or
not the least intrusive location and design necessary to reasonably achieve the
Vplicant's reasonable objectives of covering an established significant gap (as
established under state and federal law).
(ii) The study shall include all eligible supporC structures and/or alternative 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 eligible
support structures• or, if no eligible support facilities are analyzed as alternatives
why no eligible support facilities are reasonably available or technically feasible.
(iii) 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 iurisdiction or the other is not a viable option. Applicant must
demonstrate that it has obtained all approvals from the adjacent jurisdiction for the
installation of the extra -jurisdictional portion of the project.
(a) Site plan(s) to scale specifying and depicting the exact location of the 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.
22
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
Januaiy 28, 2020 - Page 23
(h) A completed environmental assessment application or in the alternative any and all
documentation identifying the roposed 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. S 4321 et seq. 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.
(i) An accurate visual impact analysis showing the maximum silhouette view -shed analysis,
color and finish palette and proposed screening for the wireless telecommunications
facility, including scaled hoto simulations from at least three different angles.
(j) Completion of the RF emissions exposure guidelines checklist contained in Appendix.A
to the FCC's "Local Government Official's Guide to Transmitting Antenna RF Emission
Safety" to determine whether the facility will be "categorically excluded" as that term is
used by the FCC.
(k) For a facility that is not categorically excluded under the FCC regulations for RF
emissions the applicant shall submit an RF exposure compliance report prepared and
certified by an RF engineer acceptable to the city that certifies that the proposed facility
as well as any facilities that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards and exposure limits The RF report
must include the actual frequency and power levels (in watts effective radio power
"ERP") for all existing and proposed antennas at the site and exhibits that show the
location and orientation of all transmitting antennas and the boundaries of areas with RF
exposures in excess of the uncontrolled/general population limit (as that term is defined
by the FCC) and also the boundaries of areas with RF exposures in excess of the
controlled/occupational limit (as that term is defined by the FCC). Each such boundary
shall be clearly marked and identified for every transmitting antenna at the project site.
(1) Copies of any documents that the applicant is required 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) f 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 telecommunication
facility.
(n) Certification that applicant is a telephone corporation or a statement providing the basis
for its claimed right to enter the right-of-way. If the applicant has a certificate of public
convenience and necessity (CPCN) issued by the California Public Utilities Commission,
it shall provide a copy of its CPCN.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 24
(q) Evidence that the proposed wireless facility qualifies as a personal wireless services
facility.
(r) 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 public hearing information required by the municipal code for public
noticing requirements.
(s) Any other information and/or studies reasonably determined to be necessary by the
planning director(s) may be required.
(4) Application Fees and Deposits For all WTFPs application fee(s) and the establishment of
deposits to cover outside consultant costs shall be required to be submitted with any
application as established by city council resolution and in accordance with California
Government Code Section 50030.
(a) Reasonable costs of city staff consultant and attorney 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 planning
director, as applicable may require applicants to enter a deposit reimbursement
agreement in a form approved by the city attorney, or other established deposit
accounting mechanism for purposes 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
prohibits the collection of any information or application conditions required by this section
the planning director is authorized to omit modify, or add to that request fiom the city,
application form in consultation with the city attorney. Requests for waivers from any
application requirement of this section shall be made in writingto the planning director. The
planning director may grant a request for waiver if it is demonstrated that notwithstanding
the issuance of a waiver, 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 shall be (1) granted only on a case -by -case basis,
and 2) narrowly -tailored to minimize deviation from the requirements of the municipal code.
(6) Applications Deemed Withdrawn To promote efficient review and timely decisions any
application governed by this division will be automatically deemed withdrawn by the
applicant when the applicant fails to tender a substantive response to the city on any
application within 30 calendar days after the application is deemed incomplete in a written
notice to the applicant The planning director (as applicable) may grant a written extension for
up 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 application but substantially revises the proposed facility during the application
process prior to any city hearing or decision on such application the substantially revised
application 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 has been alternately proposed for a location 300 feet or more from the
24
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
Januaiy 28, 2020 - Page 25
original proposal or constitutes a substantial change in the dimensions or equipment that was
proposed in the original WTFP application.
(8) Rejection for Incompleteness WTFPs will be processed and notices of incompleteness
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.
(1) General Wireless telecommunications facilities shall be installed and modified in a manner
that minimizes risk to public safety and utilizes installation of new support structures or
equipment cabinets in the PROW only after all existing and replacement structure options
have been exhausted and where feasible places equipment 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 Wry portion thereof or to cause the improvement
modification relocation vacation or abandonment of facilities in the PROW.
(2) 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 existingfacility acility shall allow collocation of third -party
facilities provided the parties can mutually agree �ee upon reasonable terms and conditions
therefor.
(3) Findings Required for Approval of a WTFP.
(a) Minor WTFP for SWF For minor WTFP applications proposing a SWF, the planning
director or planning commission shall approve such application if on the basis of the
application and other materials or evidence provided in review thereof, all of the
following findings can be made:
(i) The facilgy qualifies as a SWF;
(ii) The facility is not detrimental to the public health safety, and welfare;
(iii) The SWF meets applicable requirements and standards of state and federal law'
(vi) The facility meets applicable requirements under this division and complies with the
adopted Design Guidelines.
(b) Minor WTFP for EFR For minor WTFP applications proposing an eligible facilities
request the planning director shall approve such application if on the basis of the
application and other materials or evidence rovided in review thereof, all of the
following findings can be made:
G) That the application qualifies as an eligible facilities request; and
ii) That the proposed facility will comply with all eg nerally applicable laws
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 26
(c) Major WTFP No major WTFP shall be granted unless all of the following findings are
made by the applicable decision -maker:
(i) The proposed wireless telecommunications facility has been designed and located in
compliance with all applicable provisions of this division•
(ii) If applicable the applicant has demonstrated its inability to locate on an eli ig ble
support structure;
(iii) The applicant has provided sufficient evidence supportingthe he applicant's claim that
it has the right to enter the public right-of-way pursuant to state or federal law, or the
applicant has entered into a fianchise 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 Guidelines would be
technically infeasible;
(v) 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 technically
infeasible or not reasonably available.
(4) Noticing The provisions in this section describe the procedures for the approval process, any
required notice and public hearings for a WTFP application
(a) 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 Manning director, as applicable shall provide
written notice based on substantial evidence in the written administrative record including the
foRowing:
(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;
(cc) Information about applicable rights to appeal the decision costs to appeal and
explanation of how that right may be exercised; and
(d) To be given by first class mail to the project 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.
(t) 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
26
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 27
effects of RF emissions nor shall public comments be considered to the extent they are
premised upon the environmental or health effects of RF emissions
(6) Appeals.
(a) Anneal by a wireless infrastructure provider must be taken jointly with the wireless
service provider that intends to use the wireless facility. 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, appeals of WTFP decision
premised on the environmental effects of radio frequency emissions will not be
considered.
(b) WTFP Appeals Any person claiming to be adversely affected by a decision of a major
WTFP pursuant to this division 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.
(1) Wireless Telecommunication Facility Design and Development Standards. Wireless
telecommunication facilities in the PROW are subject to the design and development
standards and conditions of approval set forth herein All wireless telecommunication
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:
(a) Concealment 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 of the surrounding buildings or structures per the adopted Design Guidelines.
(b) Location.
(i) Wireless telecommunication facilities shall not be located within the center median
of any street.
Gi) 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
purposes in all other land -use zones outside of the 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.
(vv) Wireless telecommunication facilities shall 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) of this 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.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 28
(vii) All wireless telecommunications facilities subject to a major WTFP shall not be
located in the PROW within 100 feet of designated historic buildings.
(c) Noise All wireless telecommunication facilities and accessory equipment shall comply
with all applicable noise control standards and regulations stated in this division,
including the following:
(i) Backup generators shall only be operated during periods of power outages, and
shall not be tested on weekends or holiday or between the hours of 7:00 p.m. and
7:00 a.m.;
(ii) At no time shall equipment 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 right-of-way adjacent to a business commercial manufacturing utility or
school zone; provided however, that for any such facility located within 500 feet
of any property zoned residential or improved with a residential use, such
equipment noise shall not exceed 45 dBA tbr•ee feet from the sources of the noise.
(d) Landscaping Wireless telecommunication facilities shall not displace any existing
landscape features in the PROW unless: (1) such displaced landscaping is replaced with
plants trees or other landscape features approved by the public services director or his or
her 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 y
species type size and location Landscape maintenance shall be performed in accordance
to the public services director, or his or her designee To preserve existing landscaping in
the PROW all work performed in connection with wireless telecommunication facilities
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 tees 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 by law or permitted by the city.
(f) Accessory Equipment Not including the electric meter, all accessory equipment shall be
located underground unless city staff determines that there is no room in the PROW for
undergrounding or that undergrounding is not feasible. Such accessory equipment shall
be enclosed with a structure and shall be fully screened and camouflaged, including the
use of landscaping architectural treatment or other acceptable alternate screening
method Required electrical meters or cabinets shall be screened and/or camouflaged per
the adopted Design Guidelines.
(g) Support Structures Only pole -mounted antennas shall be permitted in the PROW
Mounting to all other forn-ts of support structure in the PROW are prohibited.
(i) Utility Poles Wireless telecommunication facilities proposed to be installed on an
existing utility pole must install all antennas above the pole unless the applicant
demonstrates that mounting the antennas above the pole would be technically
infeasible as supported by clear and convincing evidence in the written record. The
maximum height of any antenna or equipment above the pole shall not exceed five
28
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 29
(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 shall be the minimum separation required by
applicable health and safety regulations.
(ii) Streetlight Poles The maximum height of any antenna and equipment shall not
exceed five (5) feet above the existing_ height of other streetlight pole(s) installed
along the same street.
(iii) Replacement Poles If an applicant proposes to replace a pole that is an eligible
support structure to accommodate the proposed facility, the replacement pole shall
be designed to resemble the appearance and dimensions of existing poles near the
proposed location including size height color, materials and style to the maximum
extent feasible.
(iv) New Non -Replacement Poles Wireless telecommunication facilities on a new, non -
replacement pole must install a new streetlight pole substantially similar to the city's
and/or electric utility provider's standards and specifications but designed to
accommodate wireless antennas and accessory equipment located immediately
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 quipment either within the pole or within an integrated
enclosure located at the base of the pole The pole diameter shall not exceed 12
inches 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.).
2 'the design must match the dimensions and design of existing and similar types
of poles and antennas in the surrounding areas.
(h) Obstructions; Public Safety. SWP and any associated equipment or improvements shall
not physically nterfere with or impede access to any:
(i) Each component part of a facility shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic incommode the public's use of
the right-of-way, or cause safethazards to pedestrians and motorists.
(ii) A facility shall not be located within any portion of the public right of -way interfering
with access to a fire hydrant fire station fire escape water valve underground vault
valve housing structure or any other public health or safety facility.
(iii) Doors gates sidewalk doors passage doors stoops or other ingress and egress points
to any building appurtenant to the rights -of -way;
(2) Eligible Facilities Request Design and Development Standards. Approved eligible facilities
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:
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 2
SECTION NO. 1: Section 26-247 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:
LU(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.
Q(b) That such use will not, under the circumstances of the particular case, be
detrimental 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.
f2)(e4 That the site for the proposed use is adequate in size and 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.
(41(44 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 channeled
through residential areas on local residential streets.
(�)(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 eranting of a conditional use permit for proiects located within the public right-
of-way it shall be found that the findings required by Sec. 26-685-11500have been met.
SECTION NO. 2: 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 FACILITIES WITHIN ALL
LAND -USE ZONES
SECTION NO.3: Section 26-685.983 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 citizens
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 utilities,
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.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 30
(a) WTFP Subject to Conditions of Underlying Permit. Any WTFP granted in response to an
application qualifying 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
facility prior to approval of the subject eligible facility request
(b) No Permit Term Extension. The cites ruing or granting by operation of law, of an
eligible facilities request permit constitutes a federally -mandated modification to the
underlying permit or approval for the subject tower or base station Notwithstanding any
permit duration established in another permit condition the city's granting, or granting by
operation of law, of an eligible facilities request permit will not extend the permit term
for the underlying permit or any other underlying regulatory approval and its term shall
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 city's granting or granting by operation of law, of an eligible
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 interpret
Section 6409(a) of the Spectrum Act or any modification to Section 6409(a) of the
Spectrum 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 deemed
necessary by the lanning director or approving city body.
See. 26-685.11700 Operation and maintenance standards.
All wireless telecommunications facilities must comply at all times with the following operation
and maintenance standards:
(1) The permittee shall at all times maintain compliance with all applicable federal, state, and
local laws regulations and other rules including without limitation those applying to use of
the PROW The ermittee shall ensure that all equipment and other improvements to be
constructed and/or installed in connection with the approved WTFP are maintained in a
manner that is not detrimental or injurious 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 any designated maintenance agent at its sole cost within 48
hours:
(a) 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) Insurance The permittee shall obtain and maintain throughout the term of the permit a type
and amount of insurance as specified by city's risk management The relevant policy(ies) shall
30
Planning Commission Resolution No, 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 31
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) Indemnities The permittee and if applicable the owner of the property upon 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 liabilities injuries, losses,
costs and expenses and from any and all claims demands law suits writs of mandamus, 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 city's approval of
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
proceedings of any kind or form whether for personal injury, 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, licensees,
contractors subcontractors or independent contractors. In the event the city becomes aware
of any such actions or claims the city shall promptly notify the permittee and ifapplicable—
the private property owner and shall reasonably cooperate in the defense. The city shall have
the right to approve which approval shall not be unreasonably withheld the legal counsel
providing the city's 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 permittee shall
file with the city, and shall maintain in good standing throughout 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 security shall be in the amount equal to 100 percent of the cost of removal of
the facility as specified in the application for the WTFP or as that amount may be modified
by the city engineer in the permit based on the characteristics of the installation. The permittee
shall reimburse the city for staff time associated with the processing and tracking of the bond,
based on the hourly rate adopted by the city council Reimbursement shall be paid when the
security is posted and during each administrative review.
(6) Adverse Impacts on Adjacent Properties Permittee shall undertake all reasonable efforts to
avoid undue adverse impacts to adjacent properties and/or uses that may arise from the
construction operation maintenance modification and removal of the facility. All facilities
including each piece of equipment, 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 impair
the primary use and purpose of poles/signs/traffic signals or other infiastrueture 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
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 32
facility ("contact information"). Contact information shall be updated within seven days of
any change.
(8) All facilities including but not limited to telecommunication towers, poles, accessory
equipment lighting fences walls shields cabinets artificial foliage or camouflage and the
facility site shall be maintained in good condition including ensuring the facilities are
reasonably free of:
(a) Subsidence cracking erosion collapse weakening or loss of lateral support to city
streets sidewalks walks curbs gutters trees, parkways, street lights traffic signals
improvements of any kind or nature or utility lines and systems underground utility line
and systems water, sewer, storm drains gas oil electrical etc) that result from any
activities performed in connection with the installation and/or maintenance of a wireless
facility in the PROW;
(b) General dirt and grease;
(c) Chipped faded peeling, and cracked paint;
(d) Rust and corrosion;
(e) Cracks, dents, and discoloration;
(f) Missing discolored or damaged artificial foliage or other camouflage;
(g) Graffiti bills stickers advertisements litter and debris All graffiti on facilities must be
removed at the sole expense of the permittee within 48 hours after notification from the
city;
(h) Broken and misshapen structural parts; and
(i) Any damage from any cause.
(9) All trees foliage or other landscaping elements approved as pat of the facility shall be
maintained in neat safe and good condition at all times and the permittee, owner and operator
of the facility shall be responsible for replacing any damaged dead or decayed landscaping.
No amendment to any approved landscaping plan may be made until it is submitted to and
approved by the planning director and public services director.
(10) The permittee shall replace its facilities after obtaining all required permits, if maintenance
or repair is not sufficient to return the facility to the condition it was in at the time of
installation.
(11) Each facility shall be operated and maintained to comply with all conditions of approval The
permittee 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 may be
identified These will be reported to the permittee The city shall give the permittee 30 days
to correct the identified maintenance concerns after which the city reserves the right to take
any action it deems necessary, which could include revocation of the permit. The burden is
on the permittee 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
32
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 33
attesting to understanding the city's requirement for performance of annual inspections and
reporting.
(12)A11 facilities permitted pursuant to this division shall comply with the Americans with
Disabilities Act.
(13) The permittee shall be responsible for obtaining power to the facility and for the cost of
electrical usage.
(14)Interference.
(a) The permittee shall not move alter, temporarily relocate change or interfere with any
existing structure improvement or property without the prior consent of the owner of
that structure improvement or property. No structure improvement or property owned
by the city shall be moved to accommodate a permitted activity or encroachment, unless
the city determines that such movement will not adversely affect the city or any
surrounding businesses or residents and the permittee pays all costs and expenses related
to the relocation of the city's structure improvement or property. Prior to commencement
of anypursuant to a wireless encroachment ermit the permittee shall provide the
city with documentation establishing to the city's satisfaction that the permittee has the
legal right to use or interfere with any other structure improvement, or property within
the PROW or city utility easement to be affected by permittee's facilities.
(b) The facility shall not damage or interfere in any 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 carry out such activities as are
necessary to correct the interference.
(ii) Signal 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
interference after which the city reserves the right to take any action it deems
necessary, which could include revocation of the permit.
(c) 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 ofthe
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 representative roust conduct on -site post -
installation RF emissions testing to demonstrate actual compliance with the FCC Office of
Engineering and Technology Bulletin 65 RF Emissions Safety Rules for General
Population/Uncontrolled RF Exposure in All Sectors For this testing the transmitter shall be
33
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 34
operating at maximum operating power, and the testing shall occur outwards to a distance
where the RF emissions no longer exceed the uncontrolled/general population limit.
(a) Testing of any equipment 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
regulatory approvals issued in connection with the facility, which includes without limitation
this approval the approved lans 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 permittee 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
would be resolved through an inspection of the missing records will be construed against the
permittee.
(16) Attorney's Fees 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 any and all costs of such legal action including reasonable
attorney'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 permittee to waive said fees
or any part thereof. The foregoing shall not apply if the permittee 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 public right-of-way, when such installation use or maintenance
endangers or is reasonably likely o endanger the safety of persons or property, or when such site
or location is used for public utility purposes public transportation purposes or other governmental
use or when such facility unreasonably interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business the use of poles, posts, traffic signs or signals,
hydrants mailboxes permitted sidewalk dining permitted street furniture or other objects
permitted at or near said location.
See. 26-685.11900 Nonexclusive lZrant; no possessory interests.
(1) No permit or approval granted under this division shall confer any exclusive right privilege,
license or franchise to occupy or use the public right-of-way of the city for any pmpose
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 governmental entity with taxation authority, the permittee
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 perators shall be solely
liable for and shall pay and discharge prior to delinquency, any and all possessory interest
34
Planning Commission Resolution No. 20-6018
Code Amendment No, 16-03
January 28, 2020 - Page 35
taxes or other taxes fees and assessments levied against their right to possession, occupancy,
or use of any public property pursuant to any right of possession occupancy, or use created
by the WTFP.
(3) The permission granted by a WTFP shall not in any 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 privilege given
thereby.
See. 26-685.12000 Permit expiration; abandonment of applications.
(11) Permit Term Unless Government Code Section 65964 as may be amended, authorizes the
city to issue a permit with a shorter term a permit for any wireless telecommunications facility
shall be valid for a period of ten (10) years unless pursuant to another provision of this code
it lapses sooner or is revoked At the end of ten (10) years from the date of issuance, such
permit shall automatically expire.
(2) A permittee may apply for a new permit within 180 days prior to expiration Said application
and proposal shall comply with the city's current code requirements for wireless
telecommunications facilities.
l3 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 repairs and/or restoration to the PROW within 30 days following the day
construction commenced.
(4) Commencement of Operations The operation of the approved facility shall continence no
later than 90 days after the completion of installation or the WTFP will expire without further
action by the city. The permittee shall provide the planning director and city engineer notice
that operations have commenced by the same date.
Sec. 26-685.12100 Cessation of use or abandonment.
(1) A wireless telecormnunications facility is considered abandoned and shall be promptly
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 effective until all users cease using the facility.
(2) 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 (including
unpermitted 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 city engineer of any discontinuation of operations of 30 days or more.
(3) Failure to inform the planning_ director and city engineer of cessation or discontinuation of
operations of any existing facility as required by this section shall constitute a violation of any
approvals and be grounds for:
35
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 36
(a) Litigation;
(b) Revocation or modification of the permit;
(c) Acting on any bond or other assurance required by this article or conditions of approval
of the permit;
(d) 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
(e)Any other remedies permitted under this code or by law.
Sec. 26-685.12200 Removal and restoration —Permit expiration, revocation or
abandonment.
(1) Upon the expiration date of the permit including any extensions earlier termination or
revocation of the WTFP or abandonment of the facility, the permittee, 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 safety requirements and all ordinances rules and regulations of the city. Expired,
terminated or revoked wireless telecommunications facility equipment shall be removed from
the site at no cost or expense to the city.
(2) Failure of the permittee owner or operator to promptly remove its facility and restore the
property within ninety (90) days after expiration earlier termination or revocation of the
WTFP or abandomnent 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 pennittee 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
permit;
(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 ermitted under this code or by law.
(3) Summary Removal In the event any city director or city engineer determines that the
r 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
immediate corrective action (collectively, "exigent circumstances"), such director or city
engineer may cause the facility to be removed summarily and immediately without advance
notice or a hearing Written notice of the removal shall include the basis for the removal and
shall be served upon the permittee and person who owns the facility within five 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.
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 37
(4) Removal of Facilities by City. In the event the city removes a wireless telecommunications
facility in accordance with nuisance abatement procedures stated in Chapter 15, Article IX
(Administrative Nuisance Abatement) of this code or pursuant to the summary removal
procedures of subsection (3) above any such removal shall be without any liability to the city
for any damage to such facility that may result from reasonable efforts of removal. In addition
to the procedures for recovering costs of nuisance abatement the city collect such costs
from the performance bond posted and to the extent such costs exceed the amount of the
performance bond collect those excess costs in accordance with this code. Unless otherwise
provided herein the city has no obligation to store such facility. Neither the permittee, owner
nor operator shall have any claim if the city destroys any such facility not timely removed by
the permittee owner or operator after notice or 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 pplicableprovision 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 implementation of this chapter and decisions on applications for placement of wireless
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 application would within the meaning of federal law, prohibit or effectively 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.
(1)_ Legal 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.
(3) Anaggrieved person may file an appeal to the city council of any decision the planning
director, city engineer, or other deciding body made pursuant 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 construction amortization for tax purposes,
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
37
Planning Commission Resolution No. 20-6018
Code Amendment No. 16-03
January 28, 2020 - Page 38
the prescribed amortization jeriod and set an amortization period accordingly for the specific
property.
SECTION NO. 6: 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. 7: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
PASSED, APPROVED AND ADOPTED this
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte
City Attorney
Lisa Sherrick
Assistant City Clerk
1, CARRIE GALLAGHER, 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. as passed by the City Council of
the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk,
at a regular meeting of the City Council held on the and that the same was
passed by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
38
ATTACHMENT NO.3
PLANNING COMMISSION
R E S O L U T I O N N O. 1 9— 5 9 8 6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING DESIGN GUIDELINES
FOR SMALL WIRELESS FACILITIES
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, the Planning Commission, did on the 23M day of April 2019, adopted design
guidelines for small wireless facilities; and
WHEREAS, studies and investigations made by this Commission and on its behalf reveal
the following facts:
1. The Municipal Code currently has standards for Wireless Telecommunication Facilities
which were adopted in 1997.
2. The Federal Communications Commission (FCC) has issued Order 18-133 which, among
other undertakings, requires that aesthetic standards for small wireless communications
facilities in the public right-of-way be 1) reasonable, 2) no more burdensome than applied to
other types of infrastructure deployments, 3) objective, and 4) published in advance.
3. It is the desire of the City of West Covina to encourage an aesthetically pleasing local
environment. It is also the intent of the City to encourage the expansion of wireless
technology because it provides a valuable service to residents and businesses in the city. It is
the City's goal to encourage wireless providers to construct new facilities in a way that
blends architecturally with the built environment
4. The City of West Covina strives to comply with Federal and State mandates.
5. The proposed action is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that
the proposed action consists of the adoption of design guidelines, which does not have
the potential for causing a significant effect on the environment.
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 3
(4) 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
chapter.
SECTION NO. 4: Section 26-685.984 of the West Covina Municipal Code is
hereby amended to read as follows:
(a) No wireless telecommunication facilities are permitted in residential zones except for
the following:
(1) Wireless telecommunication facilities listed under section 26-685.983(1) 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
chapter.
(3) Wireless telecommunication facilities located in residential zones that are
developed with permitted nonresidential uses.
(4) Wireless telecommunication facilities consisting of roof -mounted antennas
located on muhiple-family residential buildings.
(b) Antennas with a solid or wire -mesh surface with a diameter or maximum width greater
than twelve (12) feet are prohibited in residential zones.
SECTION NO.5: Division 29 is hereby added to Chapter 26, Article XH of the
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
telecommunication facilities within the city's public right-of-way. The purpose 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 necessary (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 welfare, and 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 Corrnuuucations Commission ('FCC') and California Public Utilities Commission
Planning Commission Resolution No. 19-5986
Design Guidelines
April 23, 2019 - Page 2
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
West Covina as follows:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth
herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, adoption of Design
guidelines will promote compliance with Federal Communications Commission (FCC) Order 18-
133 while also promoting the City's aesthetic design preferences for such facilities.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby adopts the Design Guidelines as set forth on
Exhibit "A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for their attention in the manner as prescribed by law and this Resolution shall go into force
and effect upon its adoption.
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 23u' day of April, 2019,
by the following vote.
AYES: Holtz, Heng, Kennedy, Redholtz
NOES: None
ABSTAIN: None
ABSENT: Jaquez
DATE: 4/23/19
Herb Redholtz, Chairman
Planning Commission
JlMnderson, Secretary
Planning Commission
2
Planning Commission Resoluti—No. 19-5986
Design Guidelines
April 23, 2019 - Page 3
EXHIBIT A
(See next page for the Design Guidelines)
CITY OF WEST COVINA
SMALL WIRELESS FACILITY DESIGN GUIDELINES IN THE
PUBLIC RIGHT OF WAY
Review Process —Small cells require an administrative use permit per WCMC Section 26-685.985. Staff will be
recommending approval if facility complies with the following design standards.
Location — Locate 100 feet away from properties used for residential purposes.
Facility and Support Equipment— Facilities should be proposed on existing aggregate light poles. A replacement
light pole should be no more than 3 feet from the existing pole location. All facilities shall be designed, textured
and colored to match the existing light pole for aesthetic consistency. The base of the pole should be a maximum
of 16 inches in diameter. New and/or replacement poles shall be aggregate/marbilite, in a mix, blend, color, and
shape/contour to match existing poles in the vicinity.
Narrow Vertical Alignment — Consider the use of shrouds and equipment enclosures that are nearly the same
diameter as the pole at a ratio of approximately 1:1 for a more visually streamlined form from the street level.
Avoid any tilted arrangement.
Antenna & RRU — Place antenna and RRUs within a shroud above the light pole. RRUs attached to the side of the
pole are discouraged; but if required and with discretionary approval, it should use the smallest RRU volume
possible and be placed close together with minimal distance from the pole.
Wires & Cables — Wires and cables should be contained within the shroud and run inside the pole for an orderly
appearance. If wiring cannot be contained within the pole, all wiring shall be contained within a conduit that is
subdued or matches the adjacent surface and is UV protected.
Signage —Signage shall be limited to the minimum required by the government and electrical utility regulations
and shall be as small and least visible as possible.
Construction Approach (including power and metering) - Separate freestanding meter pedestals should not be
used. Metering should be wireless when possible, and underground if wireless metering is infeasible.
Height- Overall height of the streetlight pole, including mounted equipment, shall be similar to the surrounding
poles and not exceed 35 feet in height.
Recommend Approval Discretionary Review
.......... i - LA-W VM4 —
Hlq� d Arcoml -- oo"'M
StnrrrWrp Yttd�O -- Evmw wm _ - - - - - - - -
s4wan rl m ram/
Enuorp v m SCa ■m•
— —1 1 # Wood por --
1Jt __ AA ♦✓vf
P:\Case Files\CODE AMEND\2016\16-03 Wireless in ROW\Policy on Small Cell Design Guidelines.docx
April 2019
ATTACHMENT NO.4
AGENDA
DATE: December 10, 2019
ITEM NO.: 1.
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, November 26, 2019
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West Covina
Council Chambers. The Commission observed a moment of silent prayer/meditation and Commissioner
Holtz lead the Pledge of Allegiance.
ROLL CALL
Present: Heng, Holtz, Jaquez, Kennedy and Redholtz
Absent: None
City Staff Present: Bettenhauser, Persico, Anderson, Burns, Martinez and de Zara
APPROVAL OF MINUTES:
Regular meeting, October 22, 2019
The minutes were approved as presented.
OTHER MATTERS OR ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
2. CODE AMENDMENT NO. 16-03
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The proposed code amendment will amend Chapter 26 (Zoning) of the West
Covina Municipal Code to specify submittal requirements, review process and standards for
Wireless Telecommunication Facilities in the Public Right of Way.
Planning Manager Jo -Anne Burns presented the staff report. During her presentation she
spoke about the FCC order that significantly reduced local jurisdiction's ability to limit
small wireless facilities and showed the Commission examples of small wireless facilities
in surrounding cities. Ms. Burns also explained that local jurisdictions are limited as to the
things they're allowed to control. In addition, Ms. Burns told the Commission that small
P:\PLANCOM\MINUTES\2019 MINUTES\11.26.19 minutes.doc
Planning Commission Minutes
Page 2 — November 26. 2019
wireless facilities may be approved administratively by the Community Development
Director, or by the Planning Commission. There was a lengthy discussion regarding the
approval process and input that will be allowed by residents.
Chairman Redholtz opened the public hearing.
PROPONENTS:
Robert Gystad, representing Crown Castle, expressed his support of the proposed Code
Amendment. In addition, he answered questions regarding the design of the small wireless
facilities, their location and other technical questions by the Commission.
�79Y�l�hl�Yf.`!
Fred Sykes, Jerri Potras and Angie Gillingham spoke in opposition to the code amendment.
Mr. Sykes expressed his opinion that wireless telecommunication facilities should be placed
underground like other utilities. He also expressed his concern that citizens are in danger
because of possible radioactive waves emanating from wireless facilities. Ms. Potras
expressed concern with the possibility that two small wireless facilities could be placed near
her home and she expressed her dislike of their appearance. Ms. Gillingham said she was
concerned that citizens wanting to attend this hearing were not able to because of the
holiday.
Chairman Redholtz closed the public hearing.
There was a lengthy discussion by the Commission regarding 5G wireless service, the
language in the proposed Code Amendment, submittal requirements under the proposed
code regarding certification of ARC engineers, design of small wireless facilities,
regulations being used in surrounding cities, distance requirements, possible co -location on
small wireless facilities and design review guidelines. At the end of the discussion the
Commission concurred that this public hearing should be continued to the January 28, 2020
regular Planning Commission meeting and directed staff to 1) research ten nearby cities to
determine what standards they may be using for design and separation; 2) research if RF
Engineers are State licensed; 3) research if the FCC keeps records of RF compliance
reports; (4) research the standard size for the base of light poles, and (5) research the
standard used by the City of Costa Mesa of a 500 foot separation from a providers
facility.
Motion by Redholtz, seconded by Jaques, to continue the public hearing until January 28,
2020. Motion carried 5-0
P:\PLANCOM\MINUTES\2019 MINUTES\l1.26.19 minutes.doc
ATTACHMENT NO.5
AGENDA
DATE: February 11, 2020
ITEM NO.: 1
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, January 28, 2020
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West Covina
Council Chambers. The Commission observed a moment of silent prayer/meditation and Commissioner
Jaquez lead the Pledge of Allegiance.
ROLL CALL
Present: Heng, Holtz, Jaquez, Kennedy and Redholtz
Absent: None
City Staff Present: Bettenhauser, Anderson, Burns, Aguilar and de Zara
APPROVAL OF MINUTES:
Regular meeting, December 10, 2019
The minutes were approved as presented.
OTHER MATTERS OR ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
2. Continued from November 26, 2019
CODE AMENDMENT NO. 16-03
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The proposed code amendment will amend Chapter 26 (Zoning) of the West
Covina Municipal Code to specify submittal requirements, review process, and standards for
Wireless Telecommunications Facilities in the Public Right of Way.
Planning Manager Jo Anne Burns presented the staff report. During her presentation she
reviewed the matters discussed at the previous hearing regarding small wireless facilities. In
addition, she presented the results of the survey of ten surrounding cities and other
information the Planning Commission had requested. She also presented photographs of
existing small wireless telecommunications facilities that currently exist in West Covina.
PAPLANCOM MUgUTES\2020 MEWTESMnutes - 1.28.20.doc
Planning Commission Minutes
Page 2 — January 28, 2020
Ms. Burns answered questions by the Commission regarding the proposed ordinance,
circumstances which would require review by the Planning Commission of small wireless
telecommunications facilities, how they were permitted in the past, proposed design
guidelines, and how other surrounding cities are permitting them.
Staff recommended adoption of a resolution recommending approval of the proposed
ordinance and an update of the design guidelines for the City Council.
Chairman Redholtz opened the public hearing.
PROPONENTS:
No one spoke in favor of the proposed code amendment.
OPPONENTS:
Fred Sykes, Mimi Quan and Raymond Quan spoke in opposition to the code amendment
Mr. Sykes expressed his concerns with electromagnetic waves being transmitted onto
residential property. He also expressed his opinion that the Federal guidelines are
inadequate.
Ms. Quan asked the Planning Commission to consider recommending the strongest
ordinance possible to prevent small wireless telecommunications facilities from being
permitted in residential zones. She also expressed her concern that residents would not be
notified or be given the opportunity to give their input about these facilities being allowed in
their neighborhoods.
Mr. Quan said the Federal Communications Commission had removed cities' ability to
regulate these small wireless telecommunications facilities, except when it comes to
aesthetics. He urged the Planning Commission to direct staff to request ordinances from
other cities and incorporate those guidelines into West Covina's code. He also
recommended that West Covina consider the ordinances created for the cities of Calabasas
and Rancho Palos Verdes.
Chairman Redholtz closed the public hearing.
There was a lengthy discussion between the Planning Commission and City Attorney
Barron Bettenhauser regarding past court rulings, acceptable design guidelines for small
wireless telecommunications facilities and the results of the survey of surrounding cities. In
addition, there was a discussion by the Commission regarding design guidelines being too
restrictive. Ms. Burns told the Commission that design guidelines would be considered once
the subject ordinance was adopted.
During this discussion the Commission also considered undergrounding of the equipment
for small wireless facilities, restrictions on distance between small wireless facilities, and
PAPLANCOMUvIIN1TrEM2020 MU4 T1'ES\M maes - 1.28.20.doc
Planning Commission Minutes
Page 3 — January 28, 2020
requiring the facilities to be of a certain size to improve the aesthetic appeal of their
appearance. The Commission also considered the court ruling regarding environmental
concerns.
Community Development Director Jeff Anderson also commented on the process the draft
Code would establish to review and approve applications for small wireless facilities and
when review by the Planning Commission would be required. Commissioner Heng
expressed her preference that applications for small wireless facilities in the public right-of-
way require review on a case -by -case basis. She also asked that guidelines be considered so
that the Planning Commission could present the entire ordinance to the City Council for
their consideration at the same time.
Motion by Kennedy, seconded by Jaquez, to waive further reading and adopt Resolution
No. 20-6018, recommending to the City Council, adoption of Code Amendment No. 16-03.
Motion carried 4-1 (Heng opposed.)
3. PRECISE PLAN NO. 19-02
TENTATIVE TRACT MAP NO.082855
CATEGORICAL EXEMPTION
APPLICANT: David Cook — WC Homes LLC
LOCATION: 1611 & 1623 San Bernardino Road
REQUEST: The applicant is requesting approval of a precise plan and tentative tract map to
construct a 105,645-square foot, 24-unit, two-story industrial condominium development
located on an existing 4.55-acre lot in the M-1 Zone. The Precise Plan is for the
development and architecture of the project site. The Tentative Parcel Map is to subdivide
the site into industrial condominium air space lots and a wireless telecommunications site.
Planning Manager Jo -Anne Bums presented the staff report. During her presentation she
said a portion of the property would be dedicated to the city for right-of-way purposes. She
also reviewed the proposed development and the architectural features. In addition, she told
the Commission that a monopine telecommunications facility would remain on the property.
Also, Ms. Burns spoke about the environmental review and Categorical Exemption. She
said the Environmental Review was conducted by Rincon and Greg Martin, representing
Rincon, was present to answer any questions. Staff recommended approval of the request.
There was a short discussion by the Commission regarding the elevations for Building Two.
Chairman Redholtz expressed his concern that it would attract graffiti.
Chairman Redholtz opened the public hearing.
PROPONENT:
Craig Cook, applicant, said the project to the west of this project, was now completed and
completely occupied. He also told the Commission that the experience with the
development of that project had been applied to the project being considered tonight. He
commented on various features of the proposed industrial condominium project, and
working with Metrolink to comply with their requirements.
PAPLANCOWN1IIV1JTEM2020 MUNIMSMmaes - 1.28.20.doc
Ordinance No. 2470
Code Amendment No. 16-03
March 14, 2020 - Page 4
("CPUC'), and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced by
the use of the PROW for the placement of wireless facilities.
Sec. 26-685.11100. - Applicability
(1) This division applies to the siting, construction or modification of any and all wireless
telecommunications facilities proposed to be located in the pubfic right-of-way.
(2) Pre -Existing Fac>lities in the PROW. Nothing in this division shall validate any existing
mllegal or unpermkted wireless facilities. All existing wireless facilities shall comply with
and receive an encroachment permit, when applicable, in order to be considered legal and
conforvng.
(3) This division does not apply to the following:
(a) Amateur radio fadkies;
(b) OTARD antennas;
(c) Facilities owned and operated by the city for its use or for public safety purposes;
(d) Any entity legally entitled to an exemption pursuant to state or federal law or
goveming 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 temis of this division shall be severable to the extent of such preemption
and afi remaining regulations shall remain in fUH force and effect. Nothing in the
exemption shall apply so as to preempt the citVs vafid exercise of pofice powers
that do not substantially inmair franchise contract rights;
(e) Installation of a COW or a similar structure for a tetrmorary period in connection
with an emergency or event at the discretion of the city engitleer, but no longer than
required for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
(4) Pubhc Use. Except as otherwise provided by state or federal law, any use of the PROW
authorized pursuant to this division wiU be subordinate to the city's use and use by the
up blic.
Sec. 26-685.11200. - Definition
(1) "Accessory equipment" means any and all on -site equipment, including, without
limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic
cables, connections, equipment bmldings, shelters, vauks, radio transceivers, transmitters,
pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular
power supply units, fans, air conditioning units, cables and wiring, to which 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 including but not limited to solid or wire -mesh dish,
hom, spherical, or bar configured arrangements, used for the transmission or reception of
electromagnetic signals.