§ 159.011 APPLICATION REQUIREMENTS; FEES.

(A) Except as provided in this chapter, all wireless telecommunication facilities shall require a wireless telecommunication facility permit.

• (B) All wireless telecommunication facilities shall be co-located with existing facilities, unless it is determined that co-location is not feasible.

• (C) An application for a wireless telecommunication facility permit shall include the following:

• (1) All application materials otherwise required for design review as prescribed in the Eureka Municipal Code;

• (2) Scaled photo simulations, elevations and other visual or graphic illustrations necessary to determine the visual

compatibility of the proposed project, including all equipment and antennae associated with future co-located telecommunications, with the general character, aesthetics, scenic qualities, and existing development in the surrounding neighborhood;

(3) A landscape plan that shows existing vegetation, vegetation to be removed and proposed landscaping by type, size and location with the expectation that maturity will occur in three to five years;

• (4) A geographic service area map showing:

• (a) The applicant's existing and anticipated future wireless telecommunications network within three miles in all directions of the proposed wireless telecommunication facility;

• (b) The handoff sites within the area described in (a) above;

• (c) The geographic area of the "cell" in which the proposed wireless telecommunication facility could be located to provide the new or expanded wireless service;

• (d) All other existing facilities that could be used for co-location within three miles in all directions of the proposed wireless telecommunication facility.

• (5) If the proposed wireless telecommunication facility will not be co-located with an existing approved facility, written justification why co-location is not feasible shall be submitted. Feasibility shall include the following:

• (a) Whether there are any existing facilities within the geographic area of the cell required for the proposed wireless telecommunication facility;

• (b) If there are existing facilities within the geographic area of the cell for the proposed wireless telecommunication facility, feasibility shall consider whether:

1. The existing facility(ies) is of sufficient height to meet the needs of the proposed wireless telecommunication facility;

2. The existing tower(s) or support structure(s) have sufficient structural strength to support the proposed new wireless telecommunication antennas or antenna arrays and related equipment;

3. There is adequate vertical and horizontal distance available on the existing tower(s) or support structure(s) to accommodate the proposed wireless telecommunication antennas or antenna arrays and related equipment;

4. The proposed wireless telecommunication facility would cause adverse electromagnetic interference with the existing facility(ies);

5. There is adequate site area and/or building floor area at the existing facility(ies) to accommodate the proposed wireless telecommunications ground equipment; and

6. The owner of the existing facility(ies) will consent to co-location.

(6) A Federal Communications Commission TOWAIR Determination that the antenna structure does not require registration, or an aircraft and airport safety analysis providing a copy of the Federal Aviation Administration approval letter that the project conforms to Federal Aviation Administration regulations (Form FAA 7460-1 "Notice of Proposed Construction or Alteration" and

“The Determination of No Hazard to Air Navigation" ) and including specific safety requirements such as lighting, facility color, and the like;

(7) A structural analysis prepared by a qualified California licensed civil engineer showing that the proposed wireless telecommunication facility meets manufacturer's specifications and the requirements of the state's building code contained in Title 24 of the California Administrative Code, as may be amended from time to time, relating to structural design, wind, ice and snow loads;

(8) A public health report, prepared by a qualified radio frequency engineer written in plain English and in conformance with the Federal Communications Commission OET 65. The public health report shall state the maximum electromagnetic and radio frequency radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The public health report shall include the cumulative analysis of the electromagnetic and radio frequency radiation of all other existing and anticipated future wireless telecommunication facilities within 2,000 feet of the proposed facilily;

(9) Noise and acoustical information for non-transportation noise sources, including the base transceiver station(s), equipment building(s) and associated equipment, such as cooling equipment and back-up generator(s) showing compliance with the development standards of § 159.006(A);

(10) Application fees as established by Resolution of the City Council.

(Ord. 757-C.S., passed 10-19-10)