05-19-2020 - AGENDA ITEM 05 CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2470 - CODE AMENDMENT 16-03 REGARDING WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAYAGENDA ITEM NO.5
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 19, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2470 -
CODE AMENDMENT 16-03 REGARDING WIRELESS TELECOMMUNICATION
FACILITIES IN THE PUBLIC RIGHT-OF-WAY
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
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
BACKGROUND:
The City Council initiated the code amendment on February 16, 2016, to consider regulating wireless
telecommunication facilities in the public right of way. The Planning Commission held study sessions on May 14
and July 23, 2019. On November 26, 2019 and January 28, 2020, the Planning Commission held public hearings
and ultimately recommended that the City Council approve the code amendment. The Planning Commission
recommendation outlines a two tier approval process whereby applications that comply with the design guidelines
are approved by staff and projects outside the scope of the guidelines require Planning Commission approval.
Based upon the actions and recommendations of the Planning Commission, the City Council held a public hearing
and introduced Ordinance No. 2470 at the May 5, 2020 City Council meeting. During the public hearing, the City
Council voted to make the following revisions to the draft Ordinance:
• Increase the Major Wireless Telecommunications Permit (Conditional Use Permit process) threshold for
distance in between facilities from 250 feet to 500 feet.
• Revise the review process for Major Wireless Telecommunications Permits (Conditional Use Permit) to
allow the Planning Commission to review projects and make a recommendation to the City Council. The
City Council will have the final authority on allowing wireless facilities located in the public right-of-way,
which are outside the scope of the Design Guidelines. The Planning Commission typically has the authority
to review and make decisions pertaining to projects located on private property. The Ordinance will not
change the review process for projects located on private property.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 8
(16) "Facilhy(ies)" mans wireless telecommunications facilky0es).
(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
antennas, typically with three or four support legs.
(21) 'Located within (or in) the public right-of-way" includes any facility which in whole or
in part, itself or as part of another structure, rests upon, in, over or under the 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 limitation, a buildingyemlit,
construction permit, electrical pemii, encroachment permik excavation pemrit 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 aug=ntation, 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, intensiflcatiom reduction, or auwmntation of an existing
wireless telecommunications facIty.
(24) "Monopole" means a structure composed of a pole or tower used to support antennas or
related equipment. A monopole includes a monopine, monopahn and similar monopoles
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 be amended or replaced from time to
tkw.
(27) 'Pematee" means any person or entity granted a wireless telecommunication fac>lities
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.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 9
(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) '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 (united 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 limitation, parks, city hall and
conmRmity 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 orequipment replaced, including size, height, color, landscaping, materials and
style•
(a) In the context of determining whether an application qualifies as an eligible 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 determining whether a SWF application qualifies as being placed
croon 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.
(34)`Radiofreguency 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 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 "Spectrum Act".
(36) "Small cell" means a low -powered antenna (node) that has a range often meters to two
kilometers. The nodes of a "small ceT may or may not be connected by fiber. "Small, "
for prnposes 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, vicocells and
fentocells.
(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
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 10
pole -mounted cabinet is proposed to be replaced with an underground cabinet at a
facility where there are no pre-existing around 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 mdergxounding the cabinet is technologically infeasible such
that h is materially h bitive to the proiect, 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 vohme 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 support structure is proposed;
(e) It defeats the concealment or steahhing elements of the eligible support structure;
(f) It does not comply with conditions associated with the siting approval of the
construction ormodification of the efigble 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 paragraphs 1. through 4.
of this definition.
(g) For ah 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;
(fi) 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.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 11
The thresholds and conditions for a "substantial change" described in this section are
disjunctive such that the violation of any individual threshold or condition results in a
substantial change. The height and width thresholds for a substantial change described in this
section are cun"ative for each individual support structure. The cunullative limit is measured
from the physical dimensions of the original structure for base stations, and for aIl other
facilities sites in the PROW from the smakst physical di mnsions that existed on or after
Febnaary 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 faciles that meet aIl the
following conditions that, solely for convenience, have been set forth below:
(a) The facility:
W 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
60 Is mounted on an existing or proposed structure no more than ten percent
taller than other adjacent structures; or
(1) Does not extend an existing structure on which ik 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 volwne;
(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 volu m;
(d) The facility does not require antenna structure registration under 47 C.F.R. Part
17•
(e) The f to ty is not located on Tribal lands, as defined under Title 36 C.F.R Section
800.16(x); and
(f) 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 bulk 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 comtmmications services including, but not limited to, private,
broadcast, and public safety services, as weR as unlicensed wireless services and fixed
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 12
wireless services such as microwave backhaul, and the associated site. This definition
does not include utility poles.
(42) 'Transmission equipment" means equipment that facilitates transmission for any FCC-
ficensed 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 backhad
(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 telecommunications
tower is not a utilty pole.
(44) 'Wireless telecommunications facilty" trans 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, horn, and other types of eg4ment 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) Government -owned and operated telecommunications facilities.
(b) Emergency medical care provider -owned and operated telecommunications
facllities.
(c) Mobile services providing public information coverage of news events of a
temporary nature.
(d) Any wireless telecommunications faciWes 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 shaft 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,
cellular service, personal commmication service, and/or data radio
telecommunications.
(46) 'WTFP" means a "wireless telecommunications facility pennjt" 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 admuiistering this division. As
part of the adn*&tration of this division, the director may:
(a) Interpret the provisions of this division;
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 13
(b) Develop forms and procedures for submission of 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) Fstabfish 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 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 proposed changes to any support structure;
(g) Subject to appeal as provided herein, deterrrmie whether to approve, approve
subiect 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 torte for action on an
appkcation.
(2) Administrative review ('Minor WTFP') required.
(a) Certain wireless telecommunication facilities, collocations, modifications, or
replacements to an eligible support structure is subiect 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 SAT, or an eligible facilities request;
and
(ii) The proposal complies with the adopted Design Guidelines for Wireless
Telecommunication Facilities in the PROW and
(1) The location of the proposed wireless telecommunication facility is no less
than 500feet from an existing or approved wireless telecommunication facility
location; and
(iv) The location of any proposed SWF is no less than 500 feet from the location
of a proposed SWF within the same application bundle.
(b) In the event that the pkmning 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 k to the plarming commission
for consideration at a public hearing.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 14
(3) Major Wireless Telecommunications Facilities Pennk ('Major WTFP') required. AD new
wireless telecommunications facilities or replacements, collocations, or modifications to a
wireless telecommunications facility that are not quuafified for an Administrative Review
shall require a Major WTFP subiect 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 applicant must obtain all other required prior permks or other approvals from other city
departments/divisions, or state or federal agencies. Any vennk 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
Mining Director and/or Planning Commission approval of any permits pursuant to this
division does not constitute an encroachment permit, and/or other perniks issued by other
city departments/division to allow the physical installation of the wireless
telecommunications facility.
Sec. 26-685.11400. - Wireless teleconrr wdeations facility pemit 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 meeting for a major WTFP. The city does
not require a pre -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 for all proposed minor WTFP proiects, and
particularly those 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 inchudes, without
fimltatiom the appropriate project classification and review process; any latent issues
in connection with the proposed project, including compliance with generally
applicable miles for public heakh and safety; potential concealment issues or
concerns (if applicable); coordination with other city deyarttwnts/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-suubniMl conference.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 15
(iii) Any request for a pre-submttal conference shall be in writing and shaD confirm that
any drafts to be provided to the city at the pre -submittal conference wjfi not be
deemed as "submissions" triggering the start of any FCC shot clock.
(b) All applications for WTFPs shaft be initially submitted to the Alarming division. Each
applicant shall My and completely submit to the city a written application on a form
prepared by the Planning division.
(c) Miior WTFP applications must be submitted to the plvming division at a scheduled
application submission appointment. City staff wifl endeavor to provide appficants with
an appointment within five business days after receipt of a written request therefor. A
WTFP application wll< only be reviewed upon submission of a complete application
therefor. A pre -submission appointment is not required for minor WTFPs.
(d) For SWF, applicants may submit up to five individual applications for a WTFP in a batch;
provided, however, that SWF in a batch must be proposed with substantially the same
equipment in the same configuration 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
shaft 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
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 appficant, and a signed and
notarized owner's authorization for use of the structure.
(c) A complete description of the proposed wireless telecommunications facility and any and
all work that MR be required to install or modify it, including, but not h"ted to, details
rewarding proposed excavation, if any; detailed site plans showing the location of the
wireless telecommunications facility, and dimensioned drawings with specifications for
each element of the wireless facility, clearly describing the site and all structures and
facilikies at the site before and after installation or modification; and a dimensioned map
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 16
identifying and describing the distance to the nearest residential dwelling unit and any
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 A 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 faciles 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 perrnrts in -effect and as -bunk 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 facifity 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 application 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 Califomia licensed or registered
enOneer, that depict all the existing and proposed improvements, equipment and
conditions related to the proposed project, which includes without limitation any and
A 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 contaui the technical
specifications for all existing and proposed antennas and accessory equipment, which
includes without knitation the manufacturer, model number, and physical
dimensions; (ii) identify all structures within 500 feet from the proposed proiect site
and indicate such structures' overall height above ground level• (iii) depict the
applicant's plan for electric and data backhaul utilities, which shall include the
locations for all conduits, cables, wires, handholes, junctions, transformers, meters,
disconnect switches, and points of connection; and (iv) demonstrate that proposed
project will be in fia compliance with all applicable health and safety laws,
regulations or other rules, which includes without limitation all budding codes,
electric codes, local street standards and specifications, and public utility regulations
and orders.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 17
(iii) Site Survey. For any SWF proposed to be located within the PROW, the 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 500 feet from the proposed proiect site,
which includes without limitation all: (i) traffic lanes; (ii) all private properties and
property lines; (iii) above and below -wade utilities and related structures and
encroachments; (iv) free hydrants, roadside call boxes and other public safety
infrastructure; (v) streetfights, decorative poles, traffic signals and permanent
sijamge; NO sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii)
benches, trash cans, mailboxes, kiosks and other street furniture; and (vii) 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 may that shows the proposed site location and the photo
location for each vantage point.
(v) Project Narrative and Justification. The applicant shaft submit a written statement
that expl-Aim in plain factual detail whether and why the proposed wireless facility
qualifies as a SAT 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 finding for a SWF pemrit 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
Emits. The RF report 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
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 controfied/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 appficant'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
DISCUSSION:
The purpose of the Ordinance is to amend the Municipal Code to clarify the review process, application submittal
requirements, and standards for wireless facilities located in the public right-of-way.
The Ordinance has been revised to reflect the City Council's direction at the May 5, 2020 public hearing. It is
requested that the City Council conduct the second reading and adopt Ordinance No. 2472.
The ordinance will take effect once 30 days have passed after adoption, which is on or about June 19, 2020.
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
The proposed code amendment will have no direct fiscal impact to the General Fund.
Attachments
Attachment No. 1 - Ordinance No. 2470
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 18
enter into a site agreement prepared on a form prepared by the city and approved by
the city attomey that states the temis and conditions for such non-exclusive use by
the applicant. No changes shall be pernutted to the citVs form site agreement except
as may be indicated on the form itself. Any myemlitted changes to the ckVs 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 aH 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,andand
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 faciity 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, convwrciaL manufacturing, utility
or school zone; provided, however, that for any such facility located within 500
feet of any property zoned residential or hmroroved with a residential use, such
equipment noise shall not exceed 45 dBA three feet from the sources of the
noise.
3. The acoustic analysis sbaR 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 aH 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
Resources Code 21000-21189, the National Environmental Policy Act, 42 U.S.C.
§4321 et seq., or related environmental laws). Notwithstanding any detemlroation 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.
(ximb 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, conceahnent, screening and proposed
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 19
irrigation with a discussion of how the chosen material at maturity wt71 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 pubfic 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 snuff wireless facilities over the next two years.
(i) If the applicant contends that denial of the application would prolubit 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 refies
on in support of that claim Appficants 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 maior 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 appficant, but such owner/applicant will not directly provide
wireless telecommunications services, the owner/appficant shall provide a duly -executed
letter of authorization from the person(s) or entity(ies) that will provide those services.
(c) A firfi 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
Mowing:
(i) Height/elevation, diwmter, layout and design of the facility, including technical
engineering specifications, economic and other pertinent factors governing selection
of the proposed design, together with evidence that demonstrates that the proposed
facility has been designed to be the least intrusive equipment within the particular
technology ava>lable 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 equiprrrnt included.
(E) 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).
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 20
(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 cky.
(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 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 intmive means for the applicant to cover such objectives. This
shall include:
(i) A meaningful comparative analysis that includes A 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
aapplicanfs reasonable obiectives of covering an established significant gap (as
established under state and federal law).
(il) The study shall include all eligible support structures and/or alternative sites
evaluated for the proposed maior 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 ehable support facilities are analyzed as altematives,
why no efiable support facilities are reasonably available or technically feasible.
(E) If a portion of the proposed facility lies within a iurisdiction other than the cit 's
iurisdiction, the applicant must demonstrate that altemative options for locating the
project fully within one iurisdiction or the other is not aviable option. Applicant must
demonstrate that it has obtained all approvals from the adjacent jurisdiction for the
installation of the extra -jurisdictional portion of the proiect.
(g) 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.
(h) 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 Resources Code 21000-21189,
the National Environmental Poficy Act, 42 U.S.C. § 4321 et seq., or related environmental
laws). Notwithstanding any deterrfimtion ofenvironmental exemption issued by another
governmental entity, the city reserves its right to exercise its rights as a responsible
agency to review de novo the environmental impacts of any WTFP application.
(i) An accurate visual impact 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.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 21
(j) Completion of the RF emissions exposure guidelines checklist contained in Appendix A
to the FCC's'L.ocal Govemment Official's Guide to Transmitting Antenna RF Emission
Safety" to deteml ne whether the facility wiH be "categorically excluded" as that term is
used by the FCC.
(k) For a faclity 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
rust include the actual frequency and power levels (in watts effective radio power
TRY) for aff 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
shall be clearly marked and identified for every transmitting antenna at the project site.
(1) Copies ofany 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 wM coyly
with this code, including Chapter 15, Article IV (Noise Regulations) of this code.
(n) A traffic control plan. The city shall have the discretion to require a traffic control plan
when the applicant seeks to use large equipment (e.g., crane).
(o) A scaled conceptual landscape plan showing existing trees and vegetation and all
proposed landscaping, concealment, screening and proposed irrigation with a discussion
of how the chosen material at maturity wifl screen the wireless telecommunication
facility.
(p) Certification that applicant is a telephone corporation, or a statement providing the basis
for its cha and 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 Conmission,
it sbaH provide a copy of its CPCN.
(q) Evidence that the proposed wireless facility qualifies as a personal wireless services
facility.
(r) Address labels for use by the city in noticing aH property owners and occupants of
properties within 300 feet of the proposed wireless telecommunication facility and, if
applicable, aR 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 aU WTFPs, application fee(s) and the establishment of
deposits to cover outside consultant costs shall be required to be submitted with any
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 22
application, as established by city cotmcil resolution and in accordance with Cafi ornia
Govenumnt Code Section 50030.
(a) Reasonable costs of city staff, consultant and attomev time (including that of the city
attomev) 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 deposk reimbursement
agreement, in a form approved by the city attomev, or other established deposit
accounting mechanism for purposes of obtaining an applicant deposk 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
prohibks the collection of any information or application conditions required by this section,
the pLymiing director is authorized to oink, modify, or add to that request from the city's
aanpEcation form in consultation with the city attorney. Requests for waivers from any
application requirement of this section shall be made in writing to the plarming 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 aff information necessary to umderstand 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 wl 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 platufing 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
aanpEcation deemed automatically withdrawn that shows good cause to grant the extension.
(7) Waiver of Applications Superseded by Submission of New Proiect. 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 subnittals deemed waived and superseded by the substantially revised
application. For purposes of this subparagraph, "substantially revised" means that the project
as inkiallyproposed has been akemately proposed for a location 300 feet or more from the
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 procedum.
(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
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 23
equipmnt 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 subiect 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 ablty of the city or other govemment agencies to improve, modify,
relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improvement,
modification, relocation, vacation, or abandonment of faciles in the PROW.
(2) CoRocation Encouraged. Where the facRy site is capable of accommodating a collocated
facility upon the same site in a manner consistent with the permit conditions for the existing
facility, the owner and operator of the existing facility shall aflow collocation of third -party
facilities, provided the parties can mutually agree 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 SAT, 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, aH of the
Mowing findings can be made:
(i) The faciihv qualifies as a SWF;
(ii) The facility is not detrimental to the public health, safety, and welfare;
(R) 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 i£ on the basis of the
application and other materials or evidence provided in review thereof, all of the
foIlowing findings can be made:
(i) That the application qualifies as an eligble facilities request; and
(ii) That the proposed facility will comply with all generally -applicable laws.
(c) Maior WTFP. No major WTFP shall be granted unless A of the foIlowing 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 eligible
support structure;
(lli) The applicant has provided sufficient evidence supporting the applicants claim that
it has the right to enter the public right-of-way pursuant to state or federal law, or the
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 24
applicant has entered into a franchise agreement with the city permitting them to use
the pubfic 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 appficant 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) Maior WTFP Applications. Any maior WTFP application shall require notice and a
public hearing. The public hearing notices shall be provided as set forth in Section 26-
206 of the West Covina Municipal Code.
(5) Notice of Decision. Within five days after any decision to grant, approve, deny, or
conditionally grant any WTFP application, the planning director, as applicable, shall provide
written notice based on substantial evidence in the written administrative record including the
fohowing:
(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) 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 apphcant and property owner;
(e) Once a WTFP is approved, no changes shall be made to the approved plans without
review and approval in accordance with this division.
(f) Because Section 332(c)(7) of the Telecommunications Act preempts local decisions
premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, no decision upon a WTFP shall be premised upon the environmental or health
effects of RF emissions, nor shall 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 iointly 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 freauencv emissions will not be
considered
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 25
(b) WTFP Appeals. Any person claiming to be adversely affected by a decision of a major
WTFP pursuant to this 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. AR wireless telecommunication
facilities shall be designed and maintained as to minimize visual, noise and other impacts on
the surrounding conmiunity and shall be planned, designed, located, and erected in accordance
with the IbRowing standards:
(a) Conceahnent. AH Wireless telecommunication faciles shall ermlov 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 dornmating the surrounding area, as well as to be compatible with the architectural
character of the surrounding buldings 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.
(in) SWFs shag 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.
(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) AR wireless telecommunications facilities subject to a major WTFP shall not be
located in the PROW adjacent to properties used for residential purposes.
(vi) AH wireless telecommunications facilities subject to a maior 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 Mowing:
(i) Backup generators shaD 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;
(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
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 26
public right-of-way adjacent to a business, commercial, manufacturing, utility or
school zone; provided, however, that for any such facuTEy located within 500 feet
of any property zoned residential or improved with a residential use, such
equipment noise shaft 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 public services director or his or
her designee and (2) the applicant submits 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 must identify proposed landscaping by
species type, size and location. Landscape maintenance shall be perforld in accordance
to the public services director, or his or her designee. To preserve existing landscaping in
the PROW, aIl 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 shaft be responsible, at its sole cost and expense,
to plant and maintain replacement trees at the site for the duration of the pemut term
(e) No facility shaft bear any signs or advertising devices other than certification, warning
or other signage required by law or pemvtted by the city.
(fl Accessory Equipment. Not including the electric meter, aIl accessory equipment shall be
located underground unless city staff determines that there is no room in the PROW for
mderwounding or that mderuounding 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 treatrr>ent or other acceptable altemate 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 pern>itted in the PROW.
Mounting to all other forms of support structure in the PROW are prohibited.
(i) Utifity Poles. Wireless telecommunication faciles proposed to be installed on an
existing utifity 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 shall not exceed five
(5) feet. Antennas nnast 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 rr>aximum horizontal separation
between the antenna and the pole shall be the minimum separation required by
applicable health and safety retions.
(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.
(W 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
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 27
proposed location, including size, height, color, materials and style to the maximum
extent feasible.
(iv) New, Non -Replacement Poles. Wireless telecommunication facilities on anew, non -
replacement pole must install a new streetlight pole substantially similar to the city's
and/or electric utility provider's standards and specifications but designed to
accommodate wireless antennas and accessory equipment located immediately
adiacent 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
conceafung 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 radorne, 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 corMonent 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 safety hazards to pedestrians and motorists.
60 A facility shall not be located within any portion ofthe public right of -way interfering
with access to afire 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:
(a) WTFP Subiect 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 pemrit 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
ehale 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 pemiit condition, the citVs granting, or granting by
operation of law, of an eligible facilities request permit will not extend the permit term
for the underlying pemiik or any other underlying regulatory approval, and its term shall
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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 5ch day of May
2020, conduct a duly advertised public hearing as prescribed by law on the proposed ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California 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:
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 28
have the same term as the underlying pemlit or other regulatory approval for the subiect
tower or base station.
(c) No Waiver of Standing. The citVs 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 AD wireless telecommunication facilities shall be subject to
conditions of approval as reasonably imposed by the plvming director or the approving city
body, as applicable, as weR as any modification of the conditions of approval deemed
necessary by the planning director or approving city body.
Sec. 26-685.11700 Operation and maintenance standards.
All wireless telecommunications facilities must comply at aIl times with the following operation
and maintenance standards:
(1) The pemittee shal at all titres 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 penykee 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 aIl tires relevant to the WTFP.
(2) Unless otherwise provided herein, aIl necessary repairs and restoration shall be completed by
the pemnttee, 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 pelmktee, owner, operator, or any designated maintenance agent receives
notification from the city.
(3) Insurance. The pennhtee shall obtain and maintain throughout the term of the permit a type
and amount of insurance as specified by citVs risk management. The relevant policy(ies) shall
name the city, its elected/appointed officials, commission members, officers, representatives,
agents, and employees as additional insured. The permittee shall use its best efforts to provide
30 days prior notice to the city engineer of the cancellation or material modification of any
applicable insurance policy.
(4) Indemnities. The pemiktee 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 aIl claims, demands, law suks, writs of mandamus, and
other actions or proceedings brought against the city or its agents, officers, officials, or
erployees to challenge, attack, seek to modify, set aside, void or annul the city's approval of
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 29
the permit, and (b) from any and all damages, liabilities, injuries, losses, costs, and expenses,
and any and all clairm, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal iniurv, death or property damage,
arising out of or in connection with the activities or performance of the permittee or, if
aappficable, 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 notdy the vem ittee 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 withhekl, the legal counsel
providing the city's defense, and the property owner and/or pem ittee (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. Pennittee shall undertake all reasonable efforts to
avoid undue adverse irrmacts to adjacent properties and/or uses that may arise from the
construction, operation, maintenance, modification, and removal of the facility. AD 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 infrastructure, interfere with
outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of the
PROW.
(7) Contact Information. Each pemrittee of a wireless telecommunications facility shall provide
the city engpmeer with the name, address and 24-hour local or toH free contact phone number
of the pelmittee, the owner, the operator and the agent responsible for the maintenance of the
facility ('contact information"). Contact information shaU be updated within seven days of
any change.
(8) AR 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 fatuities are
reasonably free ofi
(a) Subsidence, cracking, erosion, coflayse, 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 utt7ity lines and systems, underground utt7ity line
and systems (water, sewer, storm drains, gas, oil electrical, etc.) that result from any
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 30
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;
W Graffiti, bills, stickers, advertisements, litter and debris. AD graffiti on facilities must be
removed at the sole expense of the pemtRtee 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 times, and the permittee, owner and operator
of the facility shall be responsible for replacing any damaged, dead or decayed landscaping.
No atnendment 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 pemiiltee shall replace its facilities, after obtaining aIl required pemtits, 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
pemittee, when directed by the city, must perform an inspection of the facility and submit a
report to the pluming director and city engineer on the condition of the facility to include
any identified concems 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 pemittee. The city shall give the pemtRtee 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 pem>d. The burden is
on the vemi ttee to demonstrate that it complies with the requirements herein. Prior to
issuance of a pemiit under this division, the owner of the facility shall sign an affidavit
attesting to understanding the city's requirement for performance of annual inspections and
reporting.
(12)AH facilities pemitted 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 pemiittee shall not move, alter, temporarily relocate, change, or interfere with any
existing structure, improvement, or property without the prior consent of the owner of
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 31
that structure, improvement, or property. No structure, improvement, or property owned
by the city shall be moved to accommodate a permitted activity or encroachment, unless
the city detemnines that such movement will not adversely affect the city or any
surrounding businesses or residents, and the vem ittee pays aIl 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 permit, the pelmttee shall provide the
city with documentation establishing to the citVs satisfaction that the vemittee 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 pelmittee'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 pemuttee and/or carrier to carry out such activities as are
necessary to correct the interference.
(i) 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 shaD cease
operation of any facility causing such interference mtd 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 titres 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 MR in aIl cases, other than
emergencies, give the applicant 30 days written notification of such planned, non -
emergency actions.
(14) RF Exposure Compliance. AR faciles shaR comply with aIl standards and regulations of the
FCC and any other state or federal government agency with the authority to regulate RF
exposure standards. After transmitter and antenna system optimization, but prior to unattended
operations of the facility, the permittee or its representative must conduct on -site post -
installation RF emissions testing to demonstrate actual compliance with the FCC Office of
Engineering and Technology Bu➢etin 65 RF Emissions Safety Rules for General
Population/Uncontrolled RF Exposure in AD Sectors. For this testing, the transmitter shall be
operating at maximum operating power, and the testing shall occur outwards to a distance
where the RF emissions no longer exceed the uncontrolled/general population Emit.
(a) Testing of any equipment shal take place on weekdays only, and only between the hours
of 8:30 am and 430 p.m Testing is prohibited on holidays and weekends.
(15) Records. The pemtittee shall maintain complete and accurate copies of all pemvts and other
regulatory approvals issued in connection with the facIty, which includes without limitation
this approval, the approved plans and photo simulations incorporated into this approval, all
conditions associated with this approval and any ministerial permits or approvals issued in
connection with this approvaL In the event that the penrittee does not maintain such records
as required in this condition or fails to produce true and complete copies of such records within
a reasonable time after a written request from the city, any ambiguities or uncertainties that
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 32
would be resolved through an inspection of the missing records wiH be construed against the
permttee.
(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 pemit, and such legal action is taken, the
permittee 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 iudgment or
is amicably resolved, unless the city should otherwise agree with pemittee to waive said fees
or any part thereof. The foregoing shaft not apply if theyem 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 unreasonably interferes with or unreasonably impedes the flow of
pedestrian or vehicular traffic including any legafly 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 fin-iture or other obiects
permitted at or near said location.
Sec. 26-685.11900 Nonexclusive grant; no possessory interests.
(1) No pernt or approval granted under this division shall confer any exclusive right, privilege,
license or franchise to occupy or use the pubic 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 governmental entity with taxation authority, the pemittee
acknowledges that the city has given to the applicant notice pursuant to Cafifomia 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 subiect 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
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 vemit or exercise of any privilege given
thereby.
Sec. 26-685.12000 Pernnt expiration; abandonment of applications.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 33
(1) Pemit Term Unless Govermrtent Code Section 65964, as may be amended, authorizes the
city to issue apemiR with ashorter tern], apermit for any wireless telecommunications facility
shaD 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
pem it shall automatically expire.
(2) A pennittee may apply for a new permit withal 180 days prior to expiration. Said apphcatio n
and proposal shall corrtnly with the city's current code requirements for wireless
telecommunications facilities.
(3) Timing of Installation. The installation and construction authorized by a WTFP shall begin
within one year after its approvat or it MR 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) 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 vemiktee shall provide the planning director and city engineer notice
that operations have connnenced 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 pelmttee 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 A 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) FaHme 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:
(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 peen» t;
(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 owners expense; and/or
(e) Any other remedies permitted under this code or by law.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 34
See.26-685.12200 Removal and restoration —Permit expiration, revocation or
abandonment.
(1) Upon the expiration date of the permit, including any extensions, earlier tenmination or
revocation of the WTFP or abandonment of the facility, the penrittee, 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 shaft be in accordance with proper
health and safety requirements and an ordinances, rules, and regulations of the city. Expired,
terminated or revoked wireless telecommunications facility equipment shaft be removed from
the site at no cost or expense to the city.
(2) Failure of the pennittee, 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 abandonment of the facility, shall be a violation of this code. Upon a showing of
good cause, an extension may be granted by the city engineer where circumstances are
beyond the control of the permittee after expiration. Further faikne to abide by the tirr>eline
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 faciles by the city in accordance with the procedures established
under this code for abatement of a public nuisance at the owner's expense; and/or
(d) Any other remedies pemritted under this code or by law.
(3) Summary RemovaL In the event any city director or city engineer determines that the
condition or placement of a wireless telecommunications facility located in the public right-
of-way constitutes an immediate dangerous condition, obstruction of the public right-of-way,
or an imminent threat to public safety, or determines other exigent circumstances require
immediate corrective action (cofiectively. "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
shaD be served upon the pennittee and person who owns the facility within five business days
of removal and aIl property removed shall be preserved for the owners pick-up as feasible. If
the owner cannot be identified following reasonable effort or if the owner fails to pick-up the
property within 60 days, the facility shall be treated as abandoned property.
(4) Removal of Facilities by City. In the event the city removes a wireless telecommunications
facility in accordance with nuisance abatement procedures stated in 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 &ability to the city
for any damage to such facility that may result from reasonable efforts of removal In addition
to the procedures for recovering costs of nuisance abatement, the city may collect such costs
from the performance bond posted and to the extent such costs exceed the amount of the
perfonrrance bond, collect those excess costs in accordance with this code. Unless otherwise
provided herein, the city has no obligation to store such fadity. Neither the penrittee, owner
nor operator shall have any claim if the city destroys any such facility not timely removed by
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 35
the permittee, owner or operator after notice, or removal by the city due to exigent
circumstances.
Sec. 26-685.12300 Effect on other ordinances.
Compliance with the provisions of this division shall not relieve a person from complying with
any other applicable provision of this code. In the event of a conflict between any provision of this
division and other sections of this code, this division shall control.
Sec. 26-685.12400 State or federal law.
The 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 Wheless telecommnumications 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) 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 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
the prescribed amortization period, and set an amortization period accordingly for the specific
property.
SECTION NO. 8: That the City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by law.
SECTION NO. 9: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 36
PASSED, APPROVED AND ADOPTED this 19th day of May 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 meeting of the City Council held on the 5th day of May 2020, and that the same was passed
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 2
SECTION NO.1: Section 26-246 of the West Covina Municipal Code is
hereby amended to read as follows:
Sec. 26-246. - Planning commission may grant conditional use permits for pmiects located
within all land -use zones.
(a) Because there are uses that possess unique characteristics and which are impractical to
include in a specific zone as a matter of right, a conditional use permit may be granted for
such uses.
(b) Notwithstanding any other provisions of this chapter, the planning commission, after
application therefor and hearing, after notice in the manner provided in division 1 of this
article, may authorize the conditional uses included herein if it finds the proposed location of
any such uses will not be detrimental to adjacent property or to the public welfare; and that
the uses are essential or desirable to the public convenience and welfare.
SECTION NO.2: Section 26-246.5 is hereby added to Chapter 26, Article VI,
Division 3 of the West Covina Municipal Code to read as follows:
Sec.26-246.5 - Planning commission and city council review for pn)iects located within the
public right-of-way
(a) Because there are public right-of-way uses that possess unique characteristics and which are
impractical to allow as a matter of right, a conditional use permit may be granted for such
uses.
(b) Notwithstanding any other provisions of this chapter, the planning conmission, after
application therefor and hearing, after notice in the manner provided in division 1 of this
article, may render a recommendation for city council consideration.
(c) The city council, after notice in the manner provided in division 1 of this article, may consider
the planning commission's recommendation and may authorize the public right-of-way
conditional uses upon determining that the findings required by Sec. 26-685-11500 have been
met.
SECTION NO.3: Section 26-247 (Required findings for conditional use permit) of
the West Covina Municipal Code is hereby amended to read as follows:
(a) Prior to the granting of a conditional use permit for projects located within all land -use
zones it shall be found:
JL(44 That the proposed use at the particular location is necessary or desirable to provide
a service or facility which will contribute to the general well being of the
neighborhood or community.
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 3
()(4) 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.
�L(ej That the site for the proposed use is adequate in size and is so shaped as to
accornmodate said use, as well as all yards, spaces, walls, fences, parking,
loading, landscaping, and any other features necessary to adjust said use to the
land and uses in the neighborhood and make it compatible therewith.
(4)(4) 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 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. 26-685-11500have been met.
SECTION NO.4: The Chapter 26, Article XII, Division 16 tide 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.5: Section 26-685.983 (Exemptions.) of the West Covina
Municipal Code is hereby amended to read as follows:
The regulations of this division do not apply to the following:
(1) Single ground -mounted, building -mounted, or roof -mounted receive -only
AM/FM radio or television antennas, DBS dish antennas, amateur and/or 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.
(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. 6: Section 26-685.984(a) through (b) of the West Covina
Municipal Code is hereby amended to read as follows:
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 4
(a) No wireless telecommunication facilities are permitted in residential zones except for
the following:
(1) Wireless telecommunication facilities listed under section 26-685.983(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 magnum width greater
than twelve (12) feet are prohibited in residential zones.
SECTION NO.7: 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
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 propose 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 might -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, obiectives 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, mules 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 eniownent 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 anv and all wireless
telecommunications facilities proposed to be located in the public right-of-way.
(2) Pre -Existing Facilities in the PROW. Nothing in this division shall validate any existing
illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with
Ordinance No. 2470
Code Amendment No. 16-03
May 19, 2020 - Page 5
and receive an encroachment permit, when appficable, in order to be considered legal and
confomvng.
(3) This division does not apply to the following:
(a) Amateur radio facilities;
(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" division,
then the terms of this division shall be severable to the extent of such preemption
and aIl remaining regulations shall remain in fJ force and effect. Nothing in the
exemption shall apply so as to preempt the citVs valid exercise of police powers
that do not substantially impair franchise contract rights;
(e) Installation of a COW or a similar structure for a terrmorary period in connection
witb 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 faciles.
(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 citv's use and use by the
up bhe.
Sec. 26-685.11200. - DeFinition
(1) "Accessory equipment" means any and all on -site equipment, including, without
fimitation, 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.
(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 ormore antennas having active elements extending in one
or more directions, and directional antennas mounted upon and rotated through a vertical
mast or tower interconnecting the beam and antenna support, all of which elements are
deen-rd 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
(C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or
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Code Amendment No. 16-03
May 19, 2020 - Page 6
egui went at a fixed location that enables FCC -licensed or authorized wireless
commumications 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 conummications 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 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 descnbed in paragraphs 1.
and 2. of this definkion 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 yr mrary purpose of providing that
support.
(d) 'Base station" does not include any structure that, at the tune the relevant application
is filed under this division, does not support or house eg4mnt 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 bear
the additional weight from wireless equipment constitutes abase station.
(5) "Cellular" means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring cell sites.
(6) "City" means the City of West Covina.
(7) "Code" means the West Covina Municipal Code.
(8) "Collocation" means the placement of antennas, dishes, or similar devices owned or used
by two (2) or more telecommunication providers on one (1) antenna support structure,
building, pole, or structure.
(9) "Concealed" or "concealment" means camouflaging techniques that integrate the
transmission equipment into the surrounding natural and/or bw7t 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 "cell on wheels," which is a portable, sell -contained wireless
telecommunications facility that can be moved to a location and set up to provide wireless
telecommunication services, which facility is temporarily rolled ir, or temporarily installed,
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Code Amendment No. 16-03
May 19, 2020 - Page 7
at a location. Under this division, the maximum tithe a facility can be installed to be
considered a COW is five days. A COW is nonnally 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 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" Mans any request for modification to an existing eligib le
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 support structure); or
(d) Hardening through structural enhancement where such hardening is necessary to
accomplish the eligible facilities request, but does not include replacement of the
underlying support structure.
'Eligible faciles request" does not include modifications or replacements when an e' ible
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 A 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 fled 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 support structure, 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 fiutherance of the proposed wireless telecommunications
facility.