§ 17.22

For the purpose of this chapter only, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; and the word "shall" is mandatory and not discretionary. Reference to "facility," "wireless facility," or "telecommunications facility" is interchangeable with "wireless telecommunications facility," unless otherwise noted.

"Airport Land Use Commission" or "ALUC" means the Imperial County Airport Land Use Commission.

"Amateur radio antenna" means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the amateur radio service, and as designated by the Federal Communications Commission (FCC).

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

"Base station" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.

1.

The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3.

The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4.

The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

"Collocation" has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible facilities requests only, "collocation" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or

installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency (RF) signals for communications purposes."

"Director" means the Calexico Planning & Building Director, or designee.

"Eligible facilities requests" has the same meaning as that term is defined in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."

"Eligible support structure" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."

"Equipment" means any and all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, RRUs, cable, conduit, connectors, batteries, and generators.

"Equipment cabinet" means an enclosure used to house multiple items of equipment associated with a wireless telecommunications facility.

"Existing" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's eligible facilities request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."

"Federal Aviation Administration" or "FAA" means the Federal Aviation Administration or its lawful

successor.

"Federal Communications Commission" or "FCC" means the Federal Communications Commission or its lawful successor.

"Height" of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

"Monopole" means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

"Personal wireless services" has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."

"Public property" is commonly used as a designation of those things which are considered owned by "the public," the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality. It does not include public right-of-way.

"Public right-of-way" means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for street or highway purposes.

"Public safety facilities" means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operators.

"Roof-mounted" or "building-mounted" antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a tower.

"Site" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the eligible facilities request process."

"Small wireless facility" has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:

The facility:

a.

Is mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or

b.

Is mounted on structures no more than ten (10) percent taller than other adjacent structures; or

c.

Does not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater;

2.

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;

3.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

4.

The facility does not require antenna structure registration under part 17 of this chapter;

5.

The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and

6.

The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

"Stealth facility" means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.

"Substantial change" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

a.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

2.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

a.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, 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 (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

b.

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (30) feet is measured excludes any access or utility easements currently related to the site;

c.

It would defeat the concealment elements of the eligible support structure; or

d.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, 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 § 1.6100(b)(7)(i) through (iv).

"Tower" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.

ures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.

"Transmission equipment" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communications 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 telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul."

"Utility pole" means any structure designed to support electric, telephone, and similar utility lines, but does not include an electric pole used solely for the transmission of electricity at fifty (50) kilovolts or higher. A tower is not a utility pole.

"Wireless telecommunications facility" or "facility" means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure, building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data.

(Ord. No. 1251, § 1, 2-4-26)

The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Calexico Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

A.

Over-the-Air-Reception-Devices (OTARD) Antennas.

1.

Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

3.

Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

B.

Satellite Earth Station (SES) Antennas. Satellite earth station (SES) antennas measuring two (2) meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground- mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit for review of placement to ensure that maximum safety is maintained.

C.

Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit for review of placement to ensure that maximum safety is maintained:

1.

The antenna structure, when fully extended, measures thirty-five (35) feet or less in height, and measures twenty-four (24) inches or less in diameter or width;

2.

The antenna boom measures twenty (20) feet or less in length and is three inches or less in diameter;

3.

No antenna element exceeds thirty-two (32) feet in length or two (2) inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six (6) inches in diameter or width;

4.

The turning radius of any antenna does not exceed twenty-six (26) feet; and

5.

All antennas and antenna structures shall comply with Section 17.22.080, and other applicable provisions of the Calexico Municipal Code.

D.

Public safety facilities. Facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.

E.

Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.

F.

Collocation facilities. A proposed collocation facility that meets all of the requirements of California Government Code section 65850.6.

G.

Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the police chief or city manager, so long as the facility is removed at the conclusion of the emergency.

(Ord. No. 1251, § 1, 2-4-26)

17.22.040 - Antenna Permit Required for Eligible Facilities Requests.

A.

The following types of telecommunications facilities are allowed, subject to the applicable provisions of this chapter and approval of an antenna permit by the director:

1.

An "eligible facility" removal, modification or collocation as defined in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a) as implemented in 47 C.F.R. § 1.6100 as they may be amended.

B.

Applications for an antenna permit shall include the following information to allow the director to confirm that the proposed removal, modification or collocation is not a substantial change to physical conditions and is a valid eligible facilities request (EFR):

1.

A statement clearly indicating that the application is subject to this section and not any other portion of this chapter.

2.

A detailed narrative response to the FCC's criteria as applicable to the proposed project to determine if the project causes a substantial change. Describe the location and type of antenna installations and location of the base transceiver station(s), equipment cabinets and/or buildings. Include the number and dimensions of existing and proposed antennas and base transceiver stations and/or equipment cabinets and any existing facilities on the site.

3.

A radio frequency (RF) emissions report listing the effective radiated power generated by the proposed facility that identifies exposure levels for both controlled and uncontrolled areas where the levels are projected to be highest. The power rating for all existing and proposed backup equipment; the total number of watts per installation and the total number of watts for all installations on the building (roof or side); the number and types of wireless telecommunications within one hundred (100) feet of the proposed site and estimates of the cumulative electromagnetic radiation emissions at the proposed site.

4.

Plans with detailed drawings of existing and proposed wireless telecommunications facilities and appurtenances to support the determination that the change to an existing wireless facility is not substantial in nature per FCC criteria.

The director shall develop a standard application form for applications subject to this section. In such event, applicants shall utilize the application form.

C.

Upon receipt of an application for approval of an eligible facilities request (EFR), the director or his or her designee shall review such application to determine whether the application qualifies as an eligible facilities request under state and/or federal law and is complete, and shall promptly notify applicant if the application is incomplete or is not an eligible facilities request. An application is incomplete if it omits or withholds any required information, or fails to provide information in sufficient detail to determine whether the application is for an eligible facilities request, or to determine whether the work will be performed in accordance with, and will result in a wireless telecommunications facility that complies with applicable safety codes.

D.

If the application is an eligible facilities request and the application is complete, the director shall approve the application subject to this section. This section shall remain in effect so long as federal law, 47 U.S.C. § 1455, and implementing Federal Communications Commission regulations, 47 C.F.R. §1.6100 regulations, require approval of an eligible facilities request as defined herein. By approval, the city solely intends to comply with a requirement of federal law or state law not to grant any property rights or interests except as compelled by federal or state law.

E.

If the application does not satisfy requirements for an eligible facilities request, or the application would otherwise result in a wireless telecommunications facility that does not comply with applicable federal, state or local laws, the application shall be denied. The decision of the director on any application for an eligible facilities request shall be final and not subject to appeal.

F.

The director may except particular applications from approval, or may condition approval, as appropriate, consistent with federal and state law and the requirements of this chapter. Without limitation, approval does not exempt applicant from, or prevent city from, opposing a proposed modification that is subject to compliance under the National Historic Preservation Act or the National Environmental Policy Act.

(Ord. No. 1251, § 1, 2-4-26)

A person who proposes to install or operate a wireless telecommunications facility that is not an eligible facilities request shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under section 17.22.030 or is determined to be an eligible facilities request under section 17.22.040.

A.

Public right-of-way.

1.

Wireless Facility Right-of-Way Permit. Only small wireless facilities and qualifying eligible facilities requests are permitted within the public right-of-way. Approval of a wireless facility right-of-way permit shall be required to construct, install, or modify a wireless telecommunications facility in the public right-of-way that is not an eligible facilities request. Applications for wireless facilities within the public right-of-way are subject to review and approval by the director. No public notice and no public hearing shall be required. The decision of the director shall be final and not subject to appeal.

2.

Other Permits Required by Code. In addition, applicants for a site plan review permit to construct, install, or modify a wireless telecommunications facility in the public right-of-way must also obtain all other permits and approvals required by the Calexico Municipal Code, including but not limited to encroachment permits for accessing, working, or staging within the public right-of-way or on city-owned public property or building permits.

B.

Private property and public property.

Development Review Permit. New wireless telecommunications facilities that are not eligible facilities requests in commercial, open space and industrial zones with façade or roof-mounted antennas that are architecturally integrated into an existing non-residential building such that the antennas and incidental equipment are not readily visible from the exterior shall be allowed subject to the provisions of this chapter and approval of a development review permit by the director in accordance with Chapter 17.01, Article VII of the Calexico Municipal Code. Collocations on existing wireless telecommunications facilities in any zone that are not eligible facilities requests and that would not result in an increase to overall structure height shall also be allowed pursuant to a development review permit. The director may require that the application be processed as a conditional use permit pursuant to subsection (B)(2), below, if the requirements of this subsection cannot be met. The director shall provide written notice of the development review application to all parcel owners within three hundred (300) feet of the proposed facility. No public hearing shall be required for director approval of any application for a development review permit subject to this chapter.

2.

Conditional Use Permit. A conditional use permit issued in accordance with the procedures set forth in Chapter 17.01, Article V of the Calexico Municipal Code is required for the installation of any wireless telecommunications facility that is not an eligible facilities request subject to an antenna permit pursuant to section 17.22.040, or is not eligible for processing with a development review permit as set forth in subsection (B)(1) above, or a temporary use permit as set forth in section (C), below. Following receipt of an application for a conditional use permit subject to this chapter, the director shall provide written notice of the pending application to all parcel owners within three hundred (300) feet of the proposed facility.

C.

Temporary Facilities - Temporary Use Permit. A temporary use permit issued in accordance with the procedures set forth in Chapter 17.11, Article I is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed ninety (90) consecutive days.

D.

License Agreement. A license agreement entered into with the city shall be required for use of or attachment to any city-owned streetlights, vertical infrastructure or other city-owned property within the public right-of-way or on city-owned public property.

(Ord. No. 1251, § 1, 2-4-26)

An applicant seeking an approval subject to this chapter shall complete and submit an application to the planning and building department for review and processing, upon the form published by the director, which may be updated from time to time. This shall be separate from any other regulatory application from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or Imperial County

Airport Land Use Commission (ALUC). Depending on a proposed wireless telecommunications facility's proximity to the Calexico International Airport, an application to the FAA for a determination of no hazard to air navigation and to the ALUC for a determination of consistency with the Imperial County Airport Land Use Compatibility Plan may be required.

(Ord. No. 1251, § 1, 2-4-26)

The hearing body or individual considering an application for a development review permit or a conditional use permit subject to this chapter may approve the application only upon making the following findings, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested a limited exception pursuant to Section 17.22.090 and the findings for granting a limited exception can be made.

A.

Development Review Permit (Non Eligible Facilities Requests): The director may approve a development review permit application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:

1.

The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 17.22.090; and

2.

The proposed facility will comply with all generally applicable laws.

B.

Conditional Use Permit: The planning commission may approve a conditional use permit application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:

1.

All findings for approval required for conditional use permit as specified in Section 17.01.540; and

2.

The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 17.22.090; and

The proposed facility will comply with all generally applicable laws.

(Ord. No. 1251, § 1, 2-4-26)

Each wireless telecommunications facility subject to this chapter (except eligible facilities requests) shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section.

A.

Location Standards. When considering compatibility of a location and structure for wireless telecommunications facilities, applicants shall propose those that will be the least intrusive to community character and values. Subsection (B) of this section provides a ranking that describes zoning districts where facilities are least compatible to most compatible with other uses. Subsection (C) of this section provides the city's preference for placement on particular structures. Subsection (D) provides additional special considerations for site selection on public rights-of-way. Subsection (E) of this section provides general design standards.

B.

Ranked Locations. Applicants must propose placement of new towers or new structures for wireless telecommunications facilities in locations with the least intrusive land use designation (i.e., zone) that are technically feasible and potentially available. Applications proposing placement in Tier I must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows the Tier II or III land use tiers are not technically feasible and available. The following land use tiers are ranked from least compatible to most compatible:

Tier I (Least compatible) - All residential zones, including mobile home park zone and planned development zone.

Tier II (Possibly compatible) - Open space zone and all commercial zones.

Tier III (Most compatible) - All industrial zones.

C.

Structure Selection. Applicants shall propose placement on the most compatible structure that is technically feasible and available. Any application to place a wireless telecommunications facility on a structure other than the most compatible structure must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.

1.

Structure Selection on Private and Public Property. The following structures are ranked from least compatible (a) to most compatible (e) on parcels:

a.

New (nonreplacement) structures (New towers, monopoles, and other standalone facilities).

b.

Historic structures and buildings that are listed or qualify for listing on the California Office of Historic Preservation Resources registry or the national register of historic places.

c.

Existing (or replacement) nonbuilding structures, such as water towers, water tanks/ reservoirs, grain bins or silos, without existing wireless facilities.

d.

Existing nonbuilding structures, such as monotrees, faux water towers, water tanks/ reservoirs, grain bins or silos with existing wireless facilities.

e.

Existing buildings, such as rooftop or façade mounted, within steeples, faux cupolas and other buildings with sufficient capacity to support a facility.

2.

Structure Selection on Public Rights-of-Way. New (non-replacement) structures of any type (utility pole or non-pole) are the least compatible structures to use on public rights-of-way. Deployment on existing (or replacement) utility poles and streetlights are the most compatible and preferred structures. Selection of structures/locations in the public right-of-way is also subject to the limitations in subsection (D) of this section.

D.

Public Right-of-Way Location Selection Standards. Wireless telecommunications facilities are not permitted in the following locations in the public right-of-way unless the application includes a written justification, based on factual and verifiable evidence, that shows no structure/location is technically feasible and available outside these locations:

1.

Directly in front of the areas which are five (5) feet in either direction from the centerline of each entry door or window in the front facade of any occupied residential building.

2.

Within a three-hundred (300) foot radius from another wireless telecommunications facility within the public rights-of-way.

3.

Any location that would adversely affect the normal drainage of surface water, unless an acceptable remedy is included that will be advantageous to the general public.

4.

Any location that would adversely affect vehicular and/or pedestrian traffic or the parking of vehicles including placements in any visibility triangle that obstructs or restricts the view necessary for the safe operation of motor vehicles as determined by the director of public works.

5.

Any location that would adversely affect the root structure of any existing trees, or significantly reduce landscape area that may be used for tree planting.

6.

Any location within ten (10) feet of any driveways for police stations, fire stations, or other emergency responder facilities.

7.

Any location that would physically interfere with or impede access to any: (i) aboveground or underground infrastructure for traffic control, or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (ii) public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop; (iii) aboveground or underground infrastructure owned or operated by any public or private utility agency; (iv) fire hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way; or (vi) fire escape.

E.

Design Standards - General Requirements. This subsection (E) establishes generally applicable design standards for all facilities, except that eligible facilities requests are subject only to subsections 17.22.080(E)(4)—(12).

1.

Stealth/Concealment. All wireless telecommunications facilities must be stealth to the maximum extent feasible. Stealth concealment techniques include, without limitation: (a) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure; (b) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure's design; and (c) concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses. Colors and materials for wireless facilities shall be muted, subdued, nonreflective and chosen to minimize visibility to the greatest extent feasible.

Overall Height. On public and private parcels, facilities may not exceed more than twenty-five (25) feet above the maximum height allowed by the Calexico Municipal Code for the underlying zoning district where the facility is proposed. In the public right-of-way, wireless facilities on an existing pole may not have an overall height that exceeds the height of the existing pole by more than ten (10) feet and wireless facilities that involve a replacement pole or a new pole may not have an overall height that is more than ten (10) feet above the height of the replaced pole or existing poles in the vicinity unless additional height is necessary to comply with California Public Utilities Commission (CPUC) safety standards such as General Order 95.

3.

Setbacks. For towers proposed within three hundred (300) feet of a dwelling unit, the facility should be set back at least fifty (50) feet or the height of the facility, whichever is greater, measured from the base of the proposed tower to the closest occupied dwelling unit structure, not including attached garages. Otherwise, the standard setback for the applicable zoning district shall apply.

4.

Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, nonreflective hues that match the underlying structure or blend with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing authority's prior approval.

5.

Trees and Landscaping. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape and irrigation plan. Any existing landscaping shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless telecommunications facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the city.

6.

Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in the Calexico Municipal Code. The reviewing authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigating strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.

7.

Lights. Wireless facilities may not include exterior lights other than as may be required under the Federal Aviation Administration, FCC, or other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.

8.

Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the reviewing authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations.

9.

Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features.

10.

Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and, if possible, improve the safety design.

11.

Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, the Calexico Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

12.

Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

(Ord. No. 1251, § 1, 2-4-26)

17.22.090 - Limited Exceptions to Design, Development and Location Standards.

A.

The director and/or the hearing body considering the application may grant exceptions to the design, development and location standards for wireless telecommunications facilities subject to this chapter, if it is determined that denial of an application or strict adherence to the design, development and location standards would:

1.

Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or

2.

Otherwise violate applicable laws or regulations; or

3.

Require a technically infeasible location, design or installation of a wireless telecommunications facility; or

4.

Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.

B.

To be considered, the applicant must request an exception at the time of application submittal, and the applicant has the burden of proof.

C.

If the director and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

(Ord. No. 1251, § 1, 2-4-26)

All permits issued in accordance with this chapter, except for EFR antenna permits and temporary use permits, whether approved by the director and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.

A.

Permit Term. All permits approved pursuant to this chapter shall run with the land and shall expire upon permit revocation and/or abandonment of the corresponding telecommunications facility. A new application

shall be required for a revoked, lapsed, and/or expired permit.

B.

Compliance with Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

C.

Inspections—Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility when the facility threatens imminent harm to persons or property.

D.

Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the director upon permittee's receipt of the director's written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the director upon that person's verbal request.

E.

Indemnities. The permittee and, if applicable, the owner of the private property upon which the facility is installed shall defend, indemnify and hold harmless the City of Calexico, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

F.

Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions,

including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.

G.

General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H.

Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee within fortyeight (48) hours after notification from the city.

I.

Radio Frequency (RF) Emissions Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the city documentation demonstrating compliance with all applicable RF emissions exposure standards as certified by a licensed engineer.

J.

Build-Out Period. Any permit issued under this chapter shall lapse two (2) years after its date of approval unless one of the following has occurred:

1.

The facility is constructed or modified as approved and in operation; or

2.

The build-out period is extended by the city authority which originally approved the permit; or

3.

A building permit has been issued, substantial money has been expended, and construction diligently pursued. Permittees seeking an extension of the two-year build-out period under this subsection (J)(3) shall provide adequate supporting documentation to the director demonstrating its efforts to date, which may include but is not limited to plans submitted for plan review, executed contracts with contractors or subcontractors for the installation or modification of the facility or other documentation.

K.

Lapse. The permit shall automatically lapse if, after the commencement of operation of the facility, there is a discontinuance of the exercise of the entitlement granted by the permit for six (6) consecutive months or more.

L.

Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:00 a.m. and 5:00 p.m., except that testing is prohibited on holidays that fall on a weekday.

M.

Utilities Undergrounded. Unless the facility is on a utility pole, extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N.

Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property.

O.

Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.

P.

Modifications. No changes shall be made to the approved plans, except for like-for-like modifications, replacements, alterations, and/or additions consist of upgrades or exchanges of equipment that are substantially similar in appearance and the same or less in size, dimensions, weight, and RF emissions to the then-existing and approved equipment, without review and approval in accordance with this chapter.

Q.

Performance and Maintenance. All wireless telecommunications facilities, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the city or after discovery by the permittee.

R.

Conflicts with Improvements. For all wireless telecommunications facilities located within the public rightof-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

S.

City Access. The city reserves the right of its employees, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.

T.

Encourage Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

U.

Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating

in violation of federal standards, the permittee shall promptly provide the director with a copy of any notice of such violation issued by any federal agency and shall notify the director as applicable once the facility comes back into compliance with applicable standards.

V.

Discontinuance of Use. The facility shall be removed by permittee within ninety (90) calendar days of the discontinuation of the use or of permit expiration, whichever is earlier, and the site shall be restored to its previous condition. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of the facility within ninety (90) calendar days of the discontinuation of the use or of permit expiration, whichever is earlier. The permittee shall provide the planning and building department with a notice of intent to vacate the site a minimum of thirty (30) calendar days before vacation.

W.

Conditions of Approval for Eligible Facilities Requests. Any eligible facilities request approved pursuant to this chapter shall be subject to the following standard conditions:

1.

No Waiver of Standing. The city's grant or grant 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 any federal statute or regulation concerning eligible facilities request or any eligible facilities request.

2.

Permit Subject to Conditions of Underlying Permit. Permits for eligible facilities requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.

(Ord. No. 1251, § 1, 2-4-26)

The director and/or the hearing body considering the relevant permit application pursuant to this chapter may require the application, proposed findings, and conditions to be reviewed by an independent thirdparty peer review consultant of the city's choosing. The cost of the third-party peer review shall be the responsibility of the applicant.

(Ord. No. 1251, § 1, 2-4-26)

To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied without prejudice by the director when the applicant fails to tender a substantive response to the city within one hundred twenty (120) calendar days after the director deems the application incomplete in a written notice to the applicant. The director, in his or her discretion, may grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request

prior to the one-hundred-twentieth (120[th ] )day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.

(Ord. No. 1251, § 1, 2-4-26)

Nothing in this chapter shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this chapter. Any wireless telecommunications facility existing before the effective date of this chapter which is nonconforming to the provisions of this chapter may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this chapter, unless otherwise permitted by federal law.

(Ord. No. 1251, § 1, 2-4-26)

Permittees shall fully comply with all conditions related to any permit or approval granted under this chapter or any predecessors to this chapter. Failure to comply with any condition of approval or maintenance of the facility in a manner that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, as determined by the city in its sole discretion, following written notice and an opportunity to cure, the city may schedule a public hearing before the planning commission to consider revocation of the permit.

A.

If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as

required by the city within ninety (90) days of revocation in accordance with applicable health and safety requirements.

B.

The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration.

C.

At any time after ninety (90) days following permit revocation, the city may require the facility to be removed and restoration of the premises as the city deems appropriate. The city may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city.

(Ord. No. 1251, § 1, 2-4-26)