Calimesa Municipal Code Art. III Small Wireless Facilities in the Public Rights-of-Way

A. A. CMC §§ 12.20.010 through 12.20.340 regulate the use of city roadways for excavations and encroachments; the maintenance, planting and removal of trees; and the issuance, modification and revocation of permits for such uses, including wireless telecommunications antenna facilities, that are commonly used in transmitting or receiving telecommunications services. CMC §§ 12.20.350 through 12.20.1110 set forth general requirements, permits and procedures for encroachments and excavations in city roadways.

B. Notwithstanding any provisions in Article I (CMC §§ 12.20.010 through 12.20.340) and Article II (CMC §§ 12.20.350 through 12.20.1110) of this chapter to the contrary, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to the requirements of the “City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities in the Public Rights-of-Way” (“Policy”), adopted by city council resolution, including but not limited to the requirement for a small cell wireless permit, and all such small wireless facilities must comply with that policy.

C. Small wireless facilities located or proposed to be located within a public right-of-way in any zoning district within the city shall be governed by this section and the policy, and not by Chapters 18.05 through 18.135 CMC, inclusive.

D. An applicant for a permit to install a small wireless facility in the public right-of-way shall pay such fees and deposits as established by resolution of the city council from time to time.

(Ord. 365-U § 4, 2019)