9661.4. - Application for permit.

A.

Purpose. This section sets forth the application submittal requirements for all permits required by this division. The purpose of this section is, in part, to ensure that this division is implemented to the full extent permitted by the Telecommunications Act of 1996.

B.

Supplemental application. In addition to the information required of an applicant for a minor conditional use permit or conditional use permit, each applicant requesting approval of the installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, regardless of location, shall fully and completely submit to the city a written supplemental application on a form prepared by the director.

C.

Supplemental application contents. The supplemental application form shall request the following information, in addition to all other information determined necessary by the director:

1.

The name, address and telephone number of the owner and the operator of the proposed facility, if different from the applicant.

2.

The type of facility.

3.

If the applicant is an agent, a letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, a letter of authorization from the person or entity that will provide those services.

4.

If the facility will be located on the property of someone other than the owner of the facility, written authorization by any and all property owners authorizing the placement of the facility on the property owner's property.

5.

A full written description of the proposed facility, its purpose, and specifications, including the height and diameter of the facility, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site.

6.

A detailed engineering plan of the proposed facility created by a qualified licensed engineer and in accordance with requirements set by the director, including a photograph and model name and number of each piece of equipment included.

7.

A site plan containing the exact proposed location of the facility.

8.

If the applicant requests an exception to the requirements of this division, the applicant shall provide all information and studies necessary for the city to evaluate that request.

9.

An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations.

10.

Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

11.

For a facility that is not categorically excluded, the applicant shall also provide a technically detailed report certified by a qualified radio frequency engineer indicating the amount of radio frequency emissions expected from the proposed facility and associated accessory equipment, as well as the cumulative impacts of the other existing facilities at the site to the extent permitted by federal law, including co-located facilities, and stating that emissions from the proposed facility individually and combined with the cumulative emissions of on-site facilities will not exceed standards set by the Federal Communications Commission.

12.

Documentation certifying that the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application.

13.

A noise study prepared by a qualified acoustic engineer documenting the level of noise to be emitted by the proposed facility and its potential effects on surrounding uses.

14.

A conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

A description of the maintenance and monitoring program for the facility.

16.

A written description identifying the geographic service area for the subject installation, accompanied by a master plan, including maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the city by each of the applicant, operator, and owner, if different entities. The master plan shall reflect all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.

17.

A written statement of the applicant's willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.

18.

If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

19.

An application fee, a deposit for a consultant's review as set forth in paragraph D. of this section, and a deposit for review by the city's attorney, in an amount set by resolution by the city council.

20.

Any other information and/or studies determined necessary by the director may be required.

D.

Independent expert. The director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility or wireless telecommunications collocation facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility or wireless telecommunications collocation facility and shall address any or all of the following:

1.

Compliance with applicable radio frequency emission standards;

2.

Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

The accuracy and completeness of submissions;

4.

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

5.

The applicability of analysis techniques and methodologies;

6.

The validity of conclusions reached or claims made by applicant;

7.

The viability of alternative sites and alternative designs; and

8.

Any other specific technical issues designated by the city.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution.

E.

Story poles. At the discretion of the director, the applicant may be required to erect temporary story poles to demonstrate the height and mass of a potential facility.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.5. - Requirements for facilities not within the public right-of-way.

The provisions of this section shall apply to wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way.

A.

Permit required.

1.

BP-M district.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be buildingmounted or roof-mounted in the BP-M district, or mounted to an existing telecommunications tower in the

BP-M district, except for those locations listed in section 9661.20, shall require a minor conditional use permit.

b.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be mounted to a new telecommunications tower in the BP-M district, except for those locations listed in section 9661.20, shall require a conditional use permit.

2.

BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility in the BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts, except for those locations listed in section 9661.20, shall require a conditional use permit.

3.

All other districts, areas and locations.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located in a location listed in section 9661.20A., shall require a conditional use permit and approval of an exception.

B.

Design and development standards. All wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way shall be designed and maintained so as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1.

General guidelines.

a.

The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area, and to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

b.

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

2.

Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3.

Blending methods.

a.

All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

b.

Site location and development shall preserve the pre-existing character of the site as much as possible, and facilities shall be designed and located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening to minimize the visual impact and be compatible with existing architectural elements, building materials and other site characteristics.

c.

Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area.

4.

Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush-mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

5.

Building-mounted and roof-mounted facilities. Building-mounted and roof-mounted facilities shall be designed and constructed to be camouflaged, concealed or screened in a manner compatible with the existing architecture of the building the wireless telecommunications facility or the wireless telecommunications collocation facility is mounted to in color, texture and type of material.

a.

Each building-mounted facility shall be incorporated into the design elements of the building architecture.

i.

The width and height of the facility shall be the minimum functionally necessary.

ii.

Each facility shall not exceed more than eighteen (18) inches out from the building façade or other support structure, and no cable or antenna mounting brackets or any other associated equipment or wires shall be visible above, below, or to the side of the facility.

iii.

The reviewing authority may consider a projection of more than eighteen (18) inches if the projection is architecturally integrated with the design of the building or structure or if it is otherwise designed to minimize its visibility.

iv.

Any building-mounted facility that is within one hundred (100) feet of a residential district shall be located on the building or structure as far from the nearest residential use as is feasible.

b.

Each roof-mounted facility shall be located and designed in an area of the roof where the visual impact is minimized and shall be no taller than necessary to meet the operator's service requirements.

i.

In no case shall roof-mounted equipment on a flat roof exceed the top of the parapet or the top of the mansard measured from the roofline, and on a slope roof shall not extend above the top of roofline.

ii.

Each roof-mounted facility shall also be screened from above if visible from higher elevations.

iii.

Any roof-mounted facility that is within one hundred (100) feet of a residential district shall be located on the roof of the building or structure as far from the nearest residential use as is feasible.

6.

Ground-mounted facilities.

a.

Each ground-mounted facility shall be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or under grounding for at least

eighteen (18) months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.

b.

Each ground-mounted facility shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission requirements, and shall be no higher than the existing poles, structures or trees near the placement of the proposed ground-mounted facility location, unless facilities are being added to an existing ground-mounted facility, pole or similar structure and are adequately camouflaged, concealed or screened in accordance with the standards in this division. Even if existing poles, structures or trees are higher, no new ground-mounted facility shall exceed sixty (60) feet. If facilities are being added to an existing ground-mounted facility, pole or similar structure, including a pole or similar structure that serves another purpose (e.g., a light pole), the resulting ground-mounted facility may exceed sixty (60) feet, but the maximum height of any antenna shall not exceed six (6) feet above the existing height of the pole or similar structure.

c.

All installations shall be properly engineered to withstand high wind loads; an evaluation of high wind load capacity shall include the impact of modification of an existing facility.

d.

All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and/or shall be fully camouflaged or hidden.

e.

Each ground-mounted installation shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

f.

Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the director establishing compliance with this subsection.

g.

If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

Accessory equipment. All accessory equipment associated with the operation of any wireless telecommunications facility or wireless telecommunications collocation facility shall be located and screened in a manner that is designed to minimize its visibility to the greatest extent possible, including utilizing the following screening methods for the type of installation:

a.

Accessory equipment for building-mounted or roof-mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for each roof-mounted facility shall be of a quality and design that is architecturally integrated with the design of the building or structure.

b.

Accessory equipment for ground-mounted facilities shall be visually screened by locating the equipment within a nearby building or in an underground vault, with the exception of required electrical panels. If a building is not located near the facility or placement of the equipment in an existing building is not technically feasible, accessory equipment shall be located in an enclosed structure, and shall comply with

the development and design standards of the zoning district in which the accessory equipment is located. The enclosed structure shall be architecturally treated and/or adequately screened from view by landscape plantings, walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

8.

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated and maintained by applicant where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

9.

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

10.

Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods, and a lighting study shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.

11.

Noise.

a.

Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

b.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

c.

At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA at the facility's property line if the facility is located in a business, commercial, manufacturing, utility or school zone or a planned development zone that permits those uses, provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property.

d.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the facility's property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code.

12.

Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance.

13.

Modification. At the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

C.

Conditions of approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

The permittee shall submit an as built drawing within ninety (90) days after installation of the facility.

2.

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven (7) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and twenty-four-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.

The legal status of the owner of the wireless telecommunications facility, including official identification numbers and Federal Communications Commission certification.

c.

Name, address and telephone number of the property owner if different than the permittee.

3.

Upon any transfer or assignment of the permit, the director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions of approval including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the director determines that the proposed operation is not consistent with the existing permit, the director shall notify the permittee who shall either revise the application or apply for modification of the permit pursuant to the requirements of the Agoura Hills Municipal Code.

4.

The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5.

At all times, all required notices and signs shall be posted on the site as required by the Federal Communications Commission and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6.

At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration, and shall timely submit all monitoring reports required pursuant to section 9661.13 of the Agoura Hills Municipal Code.

7.

If the director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the director may require post-installation testing, at permittee's expense, or the director may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer at other than the regularly required intervals specified in section 9661.13 of the Agoura Hills Municipal Code, certifying that the facility is in compliance with such FCC standards.

8.

Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the City of Agoura Hills Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.)

9.

If a nearby property owner registers a noise complaint and such complaint is verified as valid by the city, the city may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the Code, the director may impose that condition on the project after notice and a public hearing. (A condition incorporating the applicable noise limitations of this chapter shall also be included in the conditions of approval.)

10.

Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall

promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit [the] city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense.

11.

"Permittee" shall include the applicant and all successors in interest to this permit.

12.

A condition setting forth the permit expiration date in accordance with section 9661.15 shall be included in the conditions of approval.

If a wireless telecommunications collocation facility is being approved, the phrase "wireless telecommunications collocation facility" shall be substituted in the above conditions wherever the phrase "wireless telecommunications facility" appears.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)