§ 30-46. PERSONAL WIRELESS SERVICE FACILITIES ORDINANCE.

[Ord. #2121, § 1]

The purpose and intent of this section is to establish standards for the location, siting and design of PWSFs, and the goals of this section are to: (1) allow for alternative types of PWSFs in any location subject to standards; (2) encourage the use of the existing right-of-way with new utility poles made expressly for deploying PWSFs; (3) expedite the review process for those applications choosing the least intrusive alternative of deploying PWSFs; (4) encourage users of monopoles and antennas to locate, site and design them in a way that minimizes the adverse visual impact of the monopoles and antennas; (5) enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively, and efficiently; and (6) promote PWSFs' compatibility with surrounding land uses, as well as protect the health, safety, general welfare, and property values of the community.

[Ord. #2121, § 1]

Each personal wireless service facility (PWSF) must have at least two permits: one building permit and one zoning permit, each of which shall be issued by the City of Compton in accordance with this section.

[Ord. #2121, § 1]

• a. AESTHETICS – Shall mean a term of art rather than demonstrable fact that should not be used in the evaluation or denial of a PWSF application.

• b. ANTENNA – Shall mean a whip (omnidirectional antenna), panel (direction antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals. An antenna alone is not a PWSF.

• c. ANTENNA ARRAY – Shall mean an antenna array one or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The antenna array does not include the mount as defined herein.

• d. APPLICANT – Shall mean a person or entity with an application before the City for a permit for a PWSF. The applicant must be a carrier, a landowner where the facility will be located or the proposed owner of the facility. A carrier must be either the applicant or the co-applicant on each application. If the proposed PWSF is for two or more carriers, each carrier must file its own application as either the applicant or co-applicant.

• e. AGL (ABOVE GROUND LEVEL) – Shall mean the actual height of the PWSF from the ground to the highest part of the mount or the antenna, whichever is higher. Beacons, lightning rods and other appurtenances are included in this calculation.

• f. CAMOUFLAGE – Shall mean a way of painting and mounting a PWSF that requires minimal changes to the host structure in order to accommodate the facility.

• g. CARRIER – Shall mean a company licensed by the Federal Communications Commission (FCC) to provide personal wireless services. A tower company, a tower management firm or a tower builder is not a carrier.

• h. CELLULAR – Shall mean a mobile telephone service operating in the 800 MHz spectrum.

• i. CITY – Shall mean City of Compton, California.

• j. CO-APPLICANT – Shall mean a person or entity that joins with an applicant in an application before the City for a permit for a PWSF. The co-applicant can only be a carrier, a landowner where the facility will be located or the proposed owner of the facility. A carrier must be either the applicant or the co-applicant on each application. If the proposed PWSF is for two or more carriers, each carrier must file its own application as either the applicant or co-applicant.

• k. CO-LOCATION – Shall mean the use of a common support structure or common site by two or more PWSFs or by one carrier for more than one type of communications technology. A single carrier mounting on a structure for any other use, such as electrical transmission or distribution, is not co-location.

• l. COMMERCIAL MOBILE RADIO SERVICES (CMRS) – Shall mean per section 704 of the Telecommunications Act of 1996, which amended Section 332(c)(7)(A) of the Communications

Act of 1934, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. These services include Cellular PCS, paging, Enhanced Specialized Mobile Radio and Specialized Mobile Radio.

• m. COMMON CARRIER WIRELESS EXCHANGE SERVICES – Shall mean those services which initiate, relay or terminate a local exchange carrier's or competitive local exchange carrier's telephonic message via a wireless connection.

• n. CONCEAL – Shall mean to enclose a PWSF within a natural or man-made feature resulting in the facility being either invisible or made part of the feature enclosing it.

• o. DESIGN – Shall mean the appearance of PWSFs such as their materials, colors and shape.

• p. DISGUISE – Shall mean to design a PWSF to appear to be something other than a PWSF.

• q. DISTRIBUTED ANTENNA SYSTEM (DAS) – Shall mean a system combining fiber optic transport and PWSFs. That part of a DAS that transmits or receives a personal wireless service carrier's signal is a PWSF and is governed by this section.

• r. ELEVATION – Shall mean the measurement of height above sea level. Also AMSL, or above mean sea level.

• s. ENHANCED SPECIALIZED MOBILE RADIO (ESMR) – Shall mean private land mobile radio with telephone services.

• t. EQUIPMENT CABINET/EQUIPMENT SHELTER – Shall mean an enclosed structure at the base of the mount within which are housed the equipment for the PWSF such as batteries and electrical equipment.

• u. FALL ZONE – Shall mean the area on the ground within a prescribed radius from the base of a PWSF. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material.

• v. FEDERAL COMMUNICATIONS COMMISSION (FCC) – Shall mean an independent Federal agency charged with licensing and regulating wireless communications at the national level.

• w. FUNCTIONALLY EQUIVALENT SERVICES – Shall mean cellular, PCS, Enhanced Specialized Mobile Radio and Specialized Mobile Radio. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

• x. HEIGHT – Shall mean the distance measured from ground level to the highest point of PWSF, including the antenna array. For purposes of measuring height, all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall (i.e. combined) height.

• y. LATTICE TOWER – Shall mean a type of mount that is usually ground-mounted and selfsupporting with multiple legs and cross-bracing of structural steel. This section prohibits lattice towers, other than those already existing at the time this section is adopted. [[1]]

  • [1] Editor's Note: Ordinance No. 2121, codified herein as Section 30-46 was adopted July 12, 2005.

• z. LOCATION – Shall mean the area where a PWSF is located on proposed to be located.

• aa. MITIGATION – Shall mean the reduction or elimination of visual impacts by the use of one or more methods:

  1. Concealment.

  2. Camouflage.

  3. Disguise.

• bb. MODIFICATION – Shall mean the changing of any portion of a PWSF from its description in a previously approved permit. This includes upgrading to different technologies such as "3G" and name changes of the carriers. The FCC definitions for "modification" are different than local government rules.

• cc. MONOPOLE – Shall mean the shape of mount that is self-supporting with a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.

• dd. MOUNT – Shall mean the structure or surface upon which antennas are mounted, e.g.:

  1. Roof-mounted. Mounted on the roof of a building.

  2. Side-mounted. Mounted on the side of a building.

  3. Ground-mounted. Mounted independently on the ground.

  4. Structure-mounted. Mounted on a structure other than a building.

• ee. PERSONAL WIRELESS SERVICE FACILITY (PWSF) – Shall mean a facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996, which amended Section 332(c)(7)(A) of the Communications Act of 1934. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount. The transmission or reception portion of a Distributed Antenna System is a PWSF and is governed by this section.

• ff. PERSONAL WIRELESS SERVICES – Shall mean any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless communications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.

• gg. RADIO FREQUENCY RADIATION (RFR) – Shall mean the emissions from PWSFs that can, in excessive amounts, be harmful to humans. RF emissions are part of the RF signal.

• hh. RADIO FREQUENCY (RF) SIGNAL – Shall mean the actual beam or radio waves sent and received by a PWSF. A signal is the deliberate product of a PWSF and an RF emission is part of the signal.

• ii. SECURITY BARRIER – Shall mean a locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

• jj. SHORT MOUNTS – Shall mean alternatives to monopoles or guyed and lattice towers, such as masts or poles. For example, two poles or three masts might be an alternative to one monopole.

• kk. SITE – Shall mean that portion of a subject property where a PWSF is to be placed. Any acceptable location may have several potential sites within it.

• ll. SITING – Shall mean the method and form of placement of PWSFs on a specific area of a subject property.

• mm. SPECIALIZED MOBILE RADIO (SMR) – Shall mean a form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. Used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.

• nn. STANDARDS – Shall mean rules or measures by which acceptability is determined. PWSFs are measured by standards measuring visibility or safety. Wireless planning tends to regulate PWSFs on three levels: location (or where the PWSF site can go), siting (or how the PWSF is placed within its setting) and design (or what the PWSF looks like).

• oo. TOWER – Shall mean a term used as a modifier (e.g., tower builder) or when modified (e.g., lattice tower). PWSFs are not towers.

• pp. UNLICENSED WIRELESS SERVICES – Shall mean commercial mobile services that can operate on public domain frequencies and therefore need no FCC license for their sites. Wi-Fi and Wi-Max are examples of unlicensed wireless services.

• qq. UTILITY POLE – Shall mean for purposes of this section, any public, semi-public or quasi-public vertical element in the City, such as a distribution pole for electricity, a cable pole, a traffic signal stanchion or a light pole. All short mounts in the right-of-way shall be new utility poles and all new utility poles shall be dedicated to the City of Compton.

• rr. WIRELESS COMMUNICATIONS – Shall mean any form of signaling by wireless, including personal wireless services, that require a transmitter, a receiver, and a path - sometimes straight, sometimes indirect - between them.

[Ord. #2121, § 1]

• a. Exclusion for Amateur Radio Facilities. This section shall not govern the installation of any amateur radio facility that is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for noncommercial, receive-only antennas. No amateur radio facility shall include a PWSF without complying with this section.

• b. Relationship to PWSFs Not Approved Under This Section.

  1. A PWSF for which a permit has been issued prior to the effective date of this section shall be deemed a permitted use, subject to the conditions of that permit and the regulations in force until this section is adopted. The issuance of permit renewals or other new permits for such facilities after this section is adopted shall be in accordance with the provisions of this section. [[1]]

     • [1] Editor's Note: Ordinance No. 2121, codified herein as Section 30-46 , was adopted July 12, 2005.

  2. Damaged or destroyed facilities, as originally permitted, may be rebuilt and all such facilities may be replaced by facilities of the same type and height at the same location and lattice towers should be changed to mounts of lesser visual intensity.

  3. Placement of an attached array or a single antenna on a legally nonconforming structure shall not be considered an expansion of the nonconforming structure. However, placement of any attached array, single antenna or any other portions of a PWSF on an existing structure, whether legally nonconforming or conforming, shall require a permit to be obtained for the PWSF under the terms of this section.

  4. Any carrier with a least one pre-existing PWSF in the City of Compton that is out of compliance with the City of Compton building and zoning requirements, in existence prior to the adoption of this section, shall not be eligible for any new approvals of PWSFs by the City until the pre-existing PWSF or PWSFs are brought into compliance with this section.

• c. Unpermitted Facilities, Mounts or Equipment.

  1. Unpermitted facilities are those with permits, including drawings, that no longer describe the existing facility as well as those with no permits at all.

  2. No issuance of any permit under this section shall occur for a request to co-locate, attach, or share an existing PWSF site, mount or facility, when such existing site, mount or facility is found to have unpermitted PWSFs as described in subsection 30-46.4c1 above and/or

any structure, mount or facility is found to lack one or more building, electrical or any other permits required by the City of Compton Building Department and the laws that office is authorized to implement and enforce.

3. Any application by a wireless carrier or other entity shall not be accepted by the City of Compton if that wireless carrier or other entity has a pre-existing PWSF on, or the other entity owns, a mount, rooftop or tower, on which there is any unpermitted PWSF as described in Section 30-46.4c1 until that unpermitted PWSF is brought into compliance with this section.

• d. Relationship to Other Ordinances. This section shall supersede conflicting requirements contained in the City of Compton Municipal Code or enacted as resolutions regarding the regulation and permitting of PWSFs.

[Ord. #2121, § 1]

• a. Any application for a Conditional Use Permit for a PWSF shall not be accepted by the Planning Director or any other representative of the City of Compton if:

  1. The applicant owns any other use, structure or facility with an unpermitted PWSF as described in Section 30-46.4c1 in the City of Compton.

  2. The owner of the property or the owner of the structure to which the PWSF is proposed for attachment has unpermitted facilities, as described in Section 30-46.4c1 , on that property or on any other property or structure in the City of Compton.

• b. No such application shall be accepted by the City until outstanding permit violations are satisfied.

[Ord. #2121, § 1]

PWSFs shall be eligible for either an Administrative PWSF Permit or a Conditional Use Permit in all districts on the Zoning Map of the City of Compton Zoning Ordinance, provided that such PWSFs comply with the standards of this section and the permits under which PWSFs are regulated. A Tier One PWSF may be eligible for approval only when proposed on City of Compton right-of-way.

[Ord. #2121, § 1]

The approval of PWSFs shall be subject to meeting or exceeding the following standards.

• a. Location Standards.

  1. The only mandatory location standard shall be that no PWSF will be permitted on existing utility poles.

  2. Opportunity Sites. A PWSF should be located at one of the following Opportunity Sites:

     • (a) New utility poles in the City-owned right-of-way, provided such utility poles are dedicated to the City of Compton.

     • (b) Churches.

     • (c) Two-story commercial-industrial buildings with the potential of adding a screen or penthouse to house the PWSF.

  3. Avoidance Areas. A PWSF should not be located in the following Avoidance Areas:

     • (a) Schools, nursery schools or child care centers.

     • (b) Single family homes.

     • (c) Parks and recreation areas.

  4. In all instances except for subsection 30-46.7a1 above, these location standards shall be considered directory but not mandatory.

  5. PWSFs may also be permitted in areas that are not Opportunity Sites subject to the following siting, design and safety standards and permitted in Avoidance Areas subject to the following siting, design and safety standards.

  6. These standards apply regardless of radio frequency (RF) engineering considerations.

• b. Siting Standards. PWSFs should meet the following siting standards.

  1. To the greatest extent possible, PWSFs should be concealed within existing structures or where camouflaged conditions surround them, or on inconspicuous mounts.

  2. Placement within trees should be encouraged, but no antennas should extend higher than 10 feet above the average tree height.

  3. Placement on existing roofs or nonwireless structures should be favored over groundmounted PWSFs.

  4. Roof-mounted PWSFs should not project more than five additional feet above the height of a legal building, but in no way above the height limit of the zoning district within which the PWSF is located.

  5. Side-mounted PWSFs should not project more than 20 inches from the face of the mounting structure.

  6. These standards apply regardless of RF engineering considerations.

• c. Design Standards. PWSFs should meet the following design standards.

  1. Color. All PWSFs should be painted or complementary with natural tones (including trees and sky), or camouflaged to match the host structure color.

  2. Size. The silhouette of the PWSF should be reduced to the minimum visual impact.

  3. PWSFs near residences should either:

     • (a) Provide underground vaults for equipment shelters; or

     • (b) Place equipment shelters within enclosed structures approved by the City of Compton.

  4. Equipment. The following types of equipment are prohibited:

     • (a) Roof-mounted monopoles, lattice towers or guyed towers.

     • (b) Ground-mounted lattice towers.

     • (c) Ground-mounted guyed towers.

  5. Antennas, including panels, whips, dishes and any array holding several antennas, should be kept as close to the mount as possible.

  6. Height should be kept to a minimum.

• (a) Heights of PWSFs should be no higher than the height of the uppermost height of nearby structures (within 300 feet horizontal feet (when measured along the ground) of the proposed PWSF, regardless of prevailing height limits in the zoning district.

  - (b) In the event there are no nearby buildings (within 300 feet horizontal feet when measured on the ground) of the proposed site of the PWSF the following should apply: 
  
     - (1) All ground-mounted PWSFs (including the security barrier) should be surrounded by nearby dense tree growth for a radius of 20 feet horizontal feet (when trunk centerlines are measured on the ground) from the PWSF in any direction. These trees can be existing on the subject property or installed to meet the twenty-foot requirement as part of the proposed PWSF or they can be a combination of both. 
  
     - (2) Ground-mounted PWSFs should not project more than 10 feet above the average tree height. 
  

  7. These standards apply regardless of RF engineering considerations.

• d. Safety Standards. PWSFs should meet the following safety standards.

  1. Hurricane and tornado design standards should be those of the local building codes used in the City of Compton or EIA-TIA 222 (Version G), whichever is stricter.

  2. Roof mounts on buildings should have railings to protect workers.

[Ord. #2121, § 1]

• a. Fall Zone.

  1. No habitable structure or outdoor area where people congregate should be within a fall zone of a radius equal to the height of a ground-mounted PWSF or its mount.

  2. No adjoining property line may be within the fall zone of a radius equal to the height of a ground-mounted PWSF or its mount.

• b. Setback.

  1. All PWSFs, including mounts and equipment shelters or cabinets, shall comply with the most stringent (e.g., where a side yard abuts a street) setback requirements on all sides of the lot of the applicable zoning district as set forth in the City of Compton Zoning Ordinance.

  2. The antenna array for an attached PWSF is exempt from the setback requirements of this section and from the setback for the zoning district in which they are located, provided that no such antenna array shall extend more than five feet horizontally from the attachment structure at the point of attachment, nor shall such array extend over the lot line.

  3. On parcels with a main building housing a primary use, all components of the PWSF shall be located behind the main building line in the front yard.

  4. No portion of any PWSF shall project into a required setback except for the antenna array described in subsection 30-46.8b2 above.

[Ord. #2121, § 1]

An applicant shall submit the following information as part of an application for a PWSF.

• a. Application Information.

  1. Name, address and telephone number of applicant and all co-applicants as well as any agents for the applicant or co-applicants.

  2. A carrier must either be an applicant or co-applicant and no more than one carrier is allowed in one application. If the proposed PWSF is for two or more carriers, each carrier must file its own application as either the applicant or co-applicant.

  3. A co-location can only be applied for with separate applications from each carrier proposed for co-location. Each application for the co-location must show a mount with a designed position for the other carriers that are applying for co-location.

  4. A copy of the lease with the property owner and/or the structure owner of the proposed PWSF must be submitted, whichever or both that apply.

  5. Original signatures for the applicant and all co-applicants applying for the PWSF must be submitted. If an agent will represent the applicant or co-applicant, original signature authorizing the agent to represent the applicant and/or co-applicant must be submitted. Photo reproductions of signatures are not acceptable.

• b. Location Information.

  1. Identify the subject property by including the name of the nearest street or streets, and street address, if any.

  2. Assessor's parcel number of subject property or, in the case of a new utility pole in the rightof-way, the nearest property.

  3. Zoning district designation for the subject parcel and for all parcels within 300 feet of the property lines of the subject parcel.

  4. A line map to scale showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.

  5. A City-wide map showing the other existing PWSFs owned or operated by this carrier in the City and outside the City within one mile of its corporate limits.

• c. Siting Information.

  1. A one inch equals 40 feet vicinity plan showing the following (not required for a new utility pole in the right-of-way):

     • (a) Property lines for the subject property.

     • (b) Property lines of all properties adjacent to the subject property.

     • (c) Tree cover on the subject property and all properties adjacent to the subject property, by specie and average height, as measured by or available from a verifiable source.

     • (d) Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property.

     • (e) Proposed location of antenna, mount and equipment shelter(s) and/or cabinet(s).

  • (f) Cabinets and other equipment marked "future" or "growth" cannot be approved as part of any application, but may be shown to demonstrate that there is sufficient expansion space.

• (g) Location of all streets, public and private, on the subject property and on all properties adjacent to the subject property including driveways proposed to serve the PWSF.

  • (h) Distances, at grade, from the proposed PWSF to each building on the vicinity plan.

  • (i) Contours at each foot AMSL (above mean sea level).

  • (j) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" in subsection 30-46.9c2 below.

2. Sight lines and photographs as described below:

   • (a) Sight line representation. A sight line representation shall be drawn from the closest facade of each residential building (viewpoint) included on the vicinity plan to the highest point (visible point) of the PWSF. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or no) residential building on the vicinity plan, there shall be at least two sight lines from the closest habitable structures, if any.

   • (b) Existing (before condition) photographs. Each sight line shall be illustrated by one fourinch-by-six-inch color photograph of what can currently be seen from the residential building.

   • (c) Proposed (after condition) photo simulation. Each of the existing condition photographs shall have the proposed PWSF superimposed on it to show what will be seen from residential buildings if the proposed PWSF is built. All photo simulations shall be positioned to show maximum exposure of any proposed street, such street to be represented in its proposed, finished appearance.

3. A one inch equals 20 feet site plan showing the following (not required for a new utility pole in the right-of-way):

   • (a) The entire subject property, including property lines and streets (public and private) adjacent to the subject property.

   • (b) All existing buildings, including accessory structures.

   • (c) All existing vegetation, by mass or individually by diameter (four feet from the ground) of each stand-alone tree or shrub. Tree masses or individual stand-alone trees shall be identified by specie(s).

   • (d) Proposed security barrier for a ground-mount, indicating type and extent as well as point of controlled entry.

   • (e) All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent streets and driveways.

   • (f) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the PWSF.

4. Siting elevations, or views at-grade from the north, south, each and west for a fifty-foot radius around the proposed PWSF plus from all existing public and private streets that serve the subject property. Elevations shall be at either 1/4 inch equals one foot or 1/8 inch equals one-foot scale and show the following:

   • (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

• (b) Security barrier. If the security barrier will block views of the PWSF, the barrier drawing shall be cut away to show the view behind the barrier.

  - (c) Any and all structures on the subject property. 
  
  - (d) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. 
  
  - (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two foot contours AMSL. 
  

• d. Design Information.

  1. Equipment brochures for the proposed PWSF such as manufacturer's specifications or trade journal reprints. These shall be provided for antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

  2. Materials of the proposed PWSF specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

  3. Colors of the proposed PWSF represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

  4. Dimensions of the PWSF specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

  5. Appearance shown by at least two photographic photo simulations of the PWSF within the subject property. The photo simulations shall show the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.

  6. Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species (not required for a new utility pole in the right-of-way).

• e. Narrative Information.

  1. Carrier shall provide:

     • (a) Copy of Form 600 on file with the FCC.

     • (b) FCC license (Radio Authorization Form).

  2. Carrier shall identify:

     • (a) Site latitude.

     • (b) Site longitude.

     • (c) AGL to the radiation center and the top of highest projection (e.g., lightning rod).

  3. Applicants shall provide (not required for a new utility pole in the right-of-way):

     • (a) Two alternatives to the proposed PWSF.

     • (b) Alternatives should comply with criteria in subsection 30-46.10 of this section for differences between the proposed PWSF and the alternatives.

     • (c) Failure of the applicant to provide two alternatives does not constitute an incomplete application.

• f. Geographic Information.

  1. Area to be served by the proposed PWSF.

     • (a) Within the City of Compton.

     • (b) Adjacent to the City of Compton.

     • (c) Across canals or freeways to neighboring cities and/or unincorporated Los Angeles County.

  2. Tax Map showing adjacent properties.

  3. Land use map showing existing land use on adjacent properties.

  4. Relationship to other PWSFs.

• (a) Existing and/or proposed by the carrier.

  - (b) Existing for other carriers. 
  
  - (c) Proposed by other carriers. 
  

• g. Fees. The City shall have the right to properly plan for and evaluate applications for PWSFs and to charge reasonable fees for such services to the applicant. Fees shall be established and adopted by resolution by the City Council of the City of Compton. Such fees may include, but shall not be limited, to the following:

  1. Application Fee. The City staff shall evaluate each application on a case-by-case basis. The application fee shall include, but shall not be limited to, the cost for City staff to properly evaluate applications for PWSFs. The application fee shall be equally applied to all applications seeking a Conditional Use Permit. The fee for an Administrative PWSF Permit shall be set at the discretion of the City of Compton Director of Public Works.

  2. Special Fee. The City shall have the right to retain independent consultants and experts that it deems necessary to review and evaluate applications for individual PWSFs. The special fee shall be applied to those applications that the City determines require special review or evaluation.

  3. General Fee. The City has retained independent consultants and experts on wireless planning and may retain future independent consultants and experts to assist City staff with proper planning for PWSFs. The general fee shall include, but shall not be limited to, the pro-rated share for each applicant of such costs for the independent consultants and experts and for City staff. The general fee shall be pro-rated among all applications on an equal basis, regardless of permit requested.

  4. Annual Fee. An amount, set by Council resolution, shall be charged for the administration and inspection of these facilities on an annual basis.

[Ord. #2121, § 1]

Each application for PWSF should also contain at least two alternatives that differ from the PWSF proposed in the application. These requirements do not apply to proposals for new utility poles in the right-of-way.

• a. Differences. The alternatives need not be totally different from the proposed PWSF; however, the alternatives should contain measurable differences, such as:

  1. Height. An alternative can be identical to the proposed PWSF except to be for a shorter height.

  2. Number. An alternative could be for two or more PWSFs that are shorter than the proposed PWSF.

  3. Location. An alternative could be located on a different property than the proposed PWSF.

  4. Siting. An alternative could be in a different place on the same property as the proposed PWSF.

  5. Design. An alternative could be of the same height, location and siting as the proposed PWSF, but be designed to appear differently.

  6. Technology. An alternative could be the use of a Distributed Antenna System instead of the proposed PWSF.

• b. Submittal Requirements for Alternatives. The materials submitted for each alternative should show only the differences between each of the alternatives and the proposed PWSF.

• c. City of Compton Provision of Alternatives.

  1. The City staff shall prepare at least one alternative.

• d. Comparison of Proposed PWSF and Alternatives. The City of Compton Architectural Review Board staff shall compare the proposed PWSF to the alternatives on the basis of the following:

  1. Change in community scale, as exhibited in relative height, mass or proportion of the PWSF within its proposed surroundings.

  2. New visible elements proposed on a contrasting background.

  3. Different colors and textures proposed against a contrasting background.

  4. Use of materials that are foreign to the existing built environment.

  5. Conservation of opportunities to maintain community scale, not compromising buffering areas and low-lying buildings so as to start a trend away from the existing community scale.

  6. Amount and diversity of landscaping and/or natural vegetation.

  7. Preservation of view corridors, vistas, and viewsheds.

  8. Continuation of existing colors, textures and materials.

• e. Ranking of Proposed PWSF and Alternatives. The City staff shall rank the proposed PWSF and each alternative based on the criteria listed in subsection 30-46.10d above. The ranking of the proposed PWSF and each alternative shall be submitted to the Architectural Review Board and/or Planning Commission along with each application for review by the Architectural Review Board and/or Planning Commission. The Architectural Review Board and/or Planning Commission shall consider the alternatives along with the proposed PWSF.

[Ord. #2121, § 1]

• a. Planning Department. The City of Compton Planning Director or his/her designee shall receive all PWSF applications and assign each application to one of the following three "tiers":

  1. Tier One. This tier is limited to applications that:

     • (a) Place PWSFs on utility poles within City of Compton right-of-way.

     • (b) Specify that all PWSFs on new utility poles shall be dedicated to the City of Compton when the carrier specifies a utility pole that meets the specifications of the City of Compton Director of Public Works.

     • (c) Meet all required location standards, design standards and safety standards that apply in this section. In the event any of the standards in the section are in conflict for a particular application, one or the other conflicting standard shall be met.

     • (d) Shall be maintained in accordance with all applicable local ordinances.

  2. Tier Two. This tier is limited to applications that:

     • (a) Attach a PWSF to an existing structure other than a new utility pole (as described in this section in subsection 30-46.3qq .)

     • (b) Meet all location standards, siting standards, design standards and safety standards in this section. In the event any of the standards in the section are in conflict for a particular application, one or the other conflicting standard shall be met.

  3. Tier Three. All applications that do not qualify as either Tier One or Tier Two status shall be considered Tier Three applications.

[Ord. #2121, § 1]

Applicants and City staff shall use the following procedures when reviewing PWSF applications, although City staff may waive some steps if they are redundant.

• a. Pre-Application Conference. Applicants shall meet with City staff prior to submitting an application for a PWSF. At the pre-application conference:

  1. The applicant shall inform City staff of the location of the proposed facility, as well as its scale and design.

  2. City staff shall inform the applicant about the application procedures described in this section.

• b. Application Form. The applicant shall submit the City's application form and all required items as specified in this section to City staff when applying for PWSFs.

• c. Letter of Completion.

  1. Within 30 days of receipt of an application for a PWSF, City staff shall determine if the application form has been completed and if all required items have been submitted.

  2. If City staff determines that the application form is not complete and/or if all required items have not been submitted, the City staff shall send the applicant a Letter of Incompletion. The Letter of Incompletion shall list those items that are incomplete or missing and provide the applicant 60 days to complete the application.

  3. If the applicant does not complete the application form and all required items after 60 days, City staff shall send the applicant a letter asking the applicant to withdraw the application within 30 days.

  4. If the applicant neither completes the application and all required items nor withdraws the application within 90 days, the City shall notify the applicant that the application is incomplete and cannot be considered by the City.

  5. When the application form is complete and all required items have been submitted, the City staff should send the applicant a Letter of Completion.

• d. Initial Review by City Staff. The City staff shall:

  1. Assign each application to either Tier One, Tier Two or Tier Three.

  2. Perform an alternatives analysis in accordance with subsection 30-46.10 for Tier Two and Tier Three applications.

• e. Tier One Review.

  1. The City staff shall notify or cause to be notified all property owners within 300 feet of the proposed site. Notice shall be given by first class mail, to the address shown on the roll of the Los Angeles Recorder's office. The property owners shall be informed that an application has been filed and they have the right to inspect the application and comment thereon. Additionally, they shall be informed that comments should be directed toward the standards contained in this section. The applicants shall have the right to respond to any comments received. The City staff may reassign the application to a Tier Two or Three review, if comments are received justifying such reassignment.

  2. The City Director of Public Works shall review Tier One applications for an Administrative PWSF Permit.

3. The City Director of Public Works shall have 90 days to review the completed application. Following review, the City Director of Public Works shall either approve or deny the application. Such approval or denial shall be in writing and supported by substantial evidence contained in the written record.

   4. Either party, applicant or opposition, may appeal a decision of the Director of Public Works to the City Council.

   5. If the application meets the requirements for a Tier One application in this section, two permits shall be issued to the applicant:

      • (a) The Director of Public Works shall issue an Administrative PWSF Permit, which is a prerequisite for:

      • (b) A Building Permit, which shall be issued by the Building Department.

• f. Tier Two and Three Review.

  1. The City staff shall review Tier Two and Three applications for Conditional Use Permit.

  2. City staff shall prepare a staff report to the Planning Commission containing the information in subsection 30-46.13 of this section.

     • (a) Recommendation of either approval or denial, in writing and supported by substantial evidence contained in the written record.

     • (b) The recommendation may be for approval with proposed conditions intended to mitigate the impacts of the proposed PWSF.

  3. The staff report shall be transmitted to the Planning Commission for a public hearing.

4. The Planning Commission shall conduct public hearing on the application and take any testimony or additional evidence provided by either the applicant or other persons.

   • (a) Following the close of the hearing, the Planning Commission shall adopt an approval of the application, approval of the application with conditions, or denial of the application.

   • (b) Any conditions attached to the adoption shall be designed to mitigate any adverse impacts of the proposed PWSF. Such recommendations shall be in writing and supported by findings of fact based on competent and substantial evidence contained in a written record.

5. If the application is approved, the City of Compton shall issue two permits to the applicant:

   • (a) The Planning Department shall issue a Conditional Use Permit, which is a prerequisite for:

   • (b) The Building Department to issue a Building Permit.

[Ord. #2121, § 1]

• a. Tier One Application. Tier One applications do not need staff reports.

• b. Tier Two and Tier Three Applications. The City staff shall prepare staff reports for Tier Two and Tier Three applications. The staff report shall contain the following:

  1. Description of the proposed PWSF.

     • (a) Other PWSFs in the area.

     • (b) Nearest three PWSF sites for the same carrier to the proposed PWSF.

  2. Location.

     • (a) Identification of whether the proposed PWSF is in an Avoidance Area.

     • (b) Identification of whether the proposed PWSF is at any Opportunity Site.

     • (c) Determination of whether location standards have been met.

  3. Siting.

     • (a) Determination of whether siting standards have been met.

     • (b) Identification of any necessary practical measures to avoid, minimize, and/or mitigate (in that order of preference) for adverse impacts of the proposed PWSF.

  4. Design.

     • (a) Type of mount.

     • (b) Type of antenna(s).

     • (c) Treatment of equipment cabinet or shelter.

     • (d) Determination of whether design standards have been met.

  5. Alternatives analysis.

     • (a) Alternatives provided by the applicant.

  • (b) Alternatives studied by City staff.

  • (c) Comparison and ranking of the proposed PWSF and the alternatives as provided in subsection 30-46.10 .

6. Description of narrative attachments.

7. Recommendation of either approval or denial, in writing and supported by substantial evidence contained in the written record. The recommendation may contain proposed conditions intended to mitigate any adverse impacts of the proposed PWSF.

[Ord. #2121, § 1]

The City of Compton shall require the review and approval of all modifications to PWSFs.

• a. Types of Modification. A modification of a PWSF is any of the following:

  1. Change of name of the personal wireless service or of the subject property. Ownership or branding changes are both included, whether a "merger," acquisition, sale of stock, turning over or assigning a PWSF to a tower company, or any other form of name change.

  2. Change in technology used for the PWSF, such as an "overlay."

     • (a) A change in technology may be obvious, such as the addition of more antennas, or

     • (b) A change in technology may be invisible, such as the exchange of software cards in an equipment cabinet.

     • (c) Network sharing, thereby enabling another carrier or unlicensed provider the use of some or all of the equipment at the PWSF.

  3. Addition or replacement of any equipment in the PWSF, excluding direct, identical substitutions, and including the addition of a cabinet in a space marked "future" or "growth" on previously approved drawings.

  4. Change in design of the PWSF.

  5. Addition to any PWSF for the purposes of co-location, provided that the previously approved co-location identified the future positions of the requested modification.

  6. Addition to any PWSF for purposes of co-location. When the PWSF has not been approved as co-location with future positions, the applicant must apply for a new PWSF.

• b. Applications for Modification. Applicants for modifications shall submit an application to the City for a modified PWSF. The application shall include all materials required in subsection 30-46.9 that would change due to the modification.

  1. A modification may require a reapplication; or

  2. A modification may require no more than a notice to the Registry required in subsection 3046.16 of this section.

• c. Extent of Review. The Planning Director shall determine the extent that City staff should review a modification. The Planning Director may decide that a new Conditional Use Permit is necessary (Planning Commission Review), a review by the Architectural Review Board is required or the Planning Director may issue an approved amendment unilaterally.

[Ord. #2121, § 1]

• a. Tall Mounts Discouraged. Tall mounts are discouraged in the City of Compton and proliferation of short mounts is considered preferable to co-location.

• b. Co-location Discouraged. Co-location is discouraged for all PWSF applications.

• c. Worst-Case Review. The City of Compton shall review applications for co-locations on the basis of all positions on the mount, i.e., the cumulative, worse-case condition.

• d. Co-locations Previously Approved. Applications for co-locations on mounts previously approved for co-location in the position applied for, require review of only the equipment to be added above and on the ground, including new contents of the equipment shelter or equipment cabinet, unless the previous approval will require changes other than required for the carrier to be co-located (e.g., a strengthened mount).

• e. Co-locations Not Previously Approved. Applications for co-locations on mounts not previously approved for co-location in the position applied for require review of the existing mount as well as co-location under the requirements of this section.

• f. Public Sites. The City of Compton shall work with carriers to facilitate the siting of PWSF on City-owned rights-of-way by negotiating the appropriate leasing procedures.

[Ord. #2121, § 1]

• a. Registry. Each carrier shall file the following information with the City on an annual basis, beginning with the date of approval.

  1. Owner/lessee/intermediary/agent and carrier(s) at the site.

  2. Location by latitude and longitude, addresses and parcel numbers.

  3. Height, AGL

  4. Co-location status and capability (including if a former co-location has been removed), and whether a co-locatee has applied for a modification in the past year.

  5. Last date at which carrier's PWSF was modified and the nature of the modification.

  6. A list of toxic/hazardous materials at the PWSF (including in the equipment shelter), and certification that the Fire Department has been notified in conformance with EPCRA, the Emergency Planning and Community Right-to-Know Act.

  7. Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.

  8. The name and telephone number of a representative of the carrier to be contacted in the event of any emergency at the PWSF site. The contact representative is to be available on a twenty-four-hour a day, seven days a week basis.

  9. A site monitoring schedule indicating how often the site is inspected and monitored by the carrier.

  10. A ground maintenance schedule for ground-mounted PWSFs indicating how often the grounds are maintained and the name and telephone number of a representative of the carrier to be contacted in the event the grounds require service before the next scheduled maintenance.

• b. Inspection. The owner or operator of PWSF shall provide for and conduct an inspection of mounts at least once every five years in conjunction with the review of the zoning permit required in subsection 30-46.22 . A report on this inspection shall be provided to the City of Compton Building Department verifying the structural integrity of the mount.

• c. Abandonment and Removal. Any PWSF that is not operated for a continuous period of 18 months shall be considered abandoned, and the owner of such PWSF shall remove same within 90 days of notice to the City of Compton Building Department that the PWSF is abandoned. If such PWSF is not removed within said 90 days, the City of Compton may have the PWSF removed as the PWSF owner's expense.

• d. Performance Security/Bond. The applicant shall provide security or bond in an amount set by City Council Resolution to insure the performance and safety of the PWSF and for the termination or abandonment of service.

• e. Hazardous Materials. PWSF shall be registered as a hazardous facility if petroleum products are used to fuel power supplies or any toxins are contained in equipment cabinets or shelters or alternative power sources.

[Ord. #2121, § 1]

• a. Federal Environmental Assessment Requirements for Tiers One, Two and Three.

  1. The National Environmental Policy Act (NEPA) applies to all applications for PWSFs. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any PWSF proposed in or involving any of the following:

     • (a) Wilderness areas.

     • (b) Wildlife preserves.

     • (c) Endangered species habitat.

     • (d) Historical site.

     • (e) Indian religious site.

     • (f) Flood plain.

     • (g) Wetlands.

     • (h) High intensity white lights in residential neighborhoods.

     • (i) Excessive radio frequency radiation exposure.

  2. At the time of application filing, an EA that meets FCC requirements shall be submitted to the City of Compton for each PWSF site that requires such an EA to be submitted to the FCC.

• b. Radio Frequency Radiation Emissions Requirements.

  1. FCC Guidelines. Each application for a PWSF shall be accompanied by a statement by a professional engineer certifying that, as proposed, the PWSF complies with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines) concerning radio frequency radiation and emissions.

  2. No Contravention of FCC Guidelines. A PWSF that meets the FCC guidelines shall not be conditioned or denied on the basis of radio frequency impacts.

  3. Radio Frequency Radiation (RFR) Report for Tiers Two and Three. The Planning Commission may require applicants for a Tier Two or Three PWSF to submit a report containing the following information on the existing and maximum future projected measurements of RFR from the proposed PWSF, for the following situations:

     • (a) Existing, or ambient: the measurement of existing RFR.

     • (b) Existing plus proposed wireless facility: maximum estimate of RFR from the proposed personal wireless facility plus the existing RFR environment.

     • (c) Existing plus proposed wireless facilities plus cumulative: maximum estimate of RFR from the proposed wireless facility plus the maximum estimate of RFR from the total addition of co-located wireless facilities plus the existing RFR environment.

     • (d) Certification, signed by a professional engineer, stating that the RFR measurements are accurate and meet the requirements for radio frequency radiation reports in this section.

     • (e) The Planning Commission may require as part of conditions of approval for Tier Two or Three applications that a radio frequency radiation report as described in this section be submitted every five years and every time a modification or a co-location is proposed for the PWSF.

• c. Noise Requirements.

  1. Conformance to Compton Noise Ordinance. [[1]] No equipment shall be operated at a PWSF so as to produce noise in excess of the applicable noise standards under the City of Compton Code Noise Ordinance.

• [1] Editor's Note: The Noise Ordinance referred to herein may be found as codified in Section 7-12 of this Code.

  2. In emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed, the owner or operator shall obtain relief per the Compton Noise Ordinance.

  3. In all instances except emergency situations, the applicable noise standard shall be 50 dBA at the property line.

  4. Noise Filing Requirements. The Planning Commission may require applicants for a Tier Two or Three PWSF to submit a report containing the following information on the existing and maximum future projected measurements of noise from the proposed PWSFs, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following situations:

     • (a) Existing, or ambient: the measurements of existing noise.

     • (b) Existing plus proposed PWSF: maximum estimate of noise from the proposed PWSF plus the existing noise environment.

     • (c) Existing plus proposed wireless facilities plus cumulative: maximum estimate of noise from the proposed wireless facility plus the maximum estimate of noise from the total addition of co-located wireless facilities plus the existing noise environment.

  • (d) Certification, signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of subsection 30-46.17c of this section.

5. The Planning Commission may require as part of conditions of approval for Tier Two or Three applications that a noise report as described in this subsection be submitted every five years and every time a modification or a co-location is proposed for the PWSF.

[Ord. #2121, § 1]

• a. Lighting. A PWSF shall not be artificially lighted, except for:

  1. Security and safety lighting of equipment buildings if such lighting is appropriately downshielded to keep light within the boundaries of the site; and

  2. Such lighting of the PWSF as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences. Only red lighting shall be utilized unless otherwise recommended by FAA guidelines.

• b. Security Barriers. A security barrier shall be required around the perimeter of ground mounts including equipment shelters and/or cabinets. The security barrier shall be maintained by the operator of the PWSF or mount for the life of the installation. No security barrier is needed around side-mounted PWSFs, but distances from windows and balconies should conform to subsection 30-46.18c2 below.

• c. Security Barriers for Certain Populations. The security barriers around all ground mounted PWSFs shall be reviewed by the Planning Commission and found to be acceptable for:

  1. Controlled Population. Those persons who are trained in procedures for working near or around radio frequency radiation.

  2. General Population. All other persons, some of whom have no concept of what radio frequency radiation is or how it can cause harm. Members of the general population should not be allowed nearer than 10 meters to the nearest part below an antenna.

[Ord. #2121, § 1]

No signage shall be permitted on any PWSF other than that required for public safety purposes or by the FCC or FAA, except that each PWSF shall have a weather-proof plaque mounted at eye level identifying the carrier, frequency and date of approval of zoning permit.

[Ord. #2121, § 1]

• a. Natural Vegetation. Existing natural vegetation shall be undisturbed to the greatest extent practicable.

• b. Landscaping. Landscaping of disturbed areas on the ground of the PWSF site and security barriers shall be required as follows:

  1. At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary; and

  2. At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required in subsection 30-46.20b1 above; and

  3. Existing vegetation, topography, walls and fences combined with shrubs, or other features may be substituted for the required buffers if the Planning Commission finds they:

     • (a) Achieve the same degree of screening as the required buffer; or

     • (b) Do not permit further landscaping due to the limited size of the lot.

  4. Landscaping materials shall consist of xeric or drought-resistant native species and shall be maintained by the operator of the PWSF for the life of the installation.

• c. Tier One PWSFs require no lighting or landscaping.

[Ord. #2121, § 1]

• a. Parking. Areas sufficient for the temporary off-street parking of at least one vehicle shall be provided for mounts. The type and configuration of parking may be approved by the Planning Commission.

• b. Private Access. A copy shall be provided to the City of Compton Planning Department of any street maintenance agreement for any site accessed by private easement.

• c. Tier One PWSFs. No parking areas are required.

[Ord. #2121, § 1]

Conditional Use Permits issued under the terms of this section shall be reviewed by the City of Compton Planning Department every five years from the date of issuance for compliance with this section and any special terms or conditions of approval. Such permits are subject to suspension or revocation at any time if it is determined that the terms of the permit and any conditions contained therein, or any rules or regulations adopted by the State or Federal government concerning the use of such facilities, are being violated.

[Ord. #2121, § 1]

Public hearings required by this section shall be noticed and conducted pursuant to the City of Compton Municipal Code and the California Code of Civil Procedure .

[Ord. #2121, § 1]

Any application approved pursuant to this section shall result in a written approval letter. The approval letter shall state the terms of the approval, including any conditions of approval, and shall authorize the applicant to apply for a building permit for the approved facilities.

[Ord. #2121, § 1]

An applicant shall apply for a building permit within 180 days of receiving a Conditional Use Permit for its PWSF. The Building Permit is to be based on drawings identical to:

• a. Those submitted for approval under this section, or reflecting conditions of approval granted under this section.

• b. The actual construction of the approved PWSF.

• c. The construction shall be governed by the International Building Code, if applicable, or be certified by a professional engineer licensed by the State of California, that the design meets or exceeds the design standards for the use for which it is intended.

[Ord. #2121, § 1]

• a. Permits required by this section shall not be subject to variance procedures.

• b. Height limits set by the City of Compton Zoning (Chapter 30 ) of the Municipal Code for the zoning district for the permitted location shall apply unless this section specifically states otherwise.

• c. All applicable PWSF locations shall comply with Chapter 30 of the Compton Municipal Code.