Chapter 17.46 — TELECOMMUNICATIONS FACILITIES

This chapter establishes development standards consistent with federal law to: Regulate the placement and design of communication facilities so as to preserve the unique visual character of the city, promote the aesthetic appearance of the city, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the city.

The technical terms and phrases used in this chapter are defined in Article 10 (glossary) under "telecommunications facilities."

17.46.030 - Applicability.

The location, permit requirements, and other provisions of this chapter shall apply to all communications facilities within the city, except the following, which are exempt from this chapter. All communication facilities shall also comply with all applicable requirements of state and federal law.

A.

Replacement or modification of previously permitted facilities or equipment determined by the director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site.

B.

An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:

1.

To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or

2.

For subscribing to a multipoint distribution service.

C.

A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial or industrial zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a building permit and approval of the placement by the director to ensure maximum safety is maintained. In order to avoid tripping hazards and the creation of an attractive nuisance, these antennas shall be placed whenever possible, on the top of buildings as far from the edge of rooftops as possible.

A.

Use Permit or Minor Use Permit. Use Permit approval is required for all communication facilities subject to this chapter, except for the following, which shall require minor use permit approval. The director shall ensure through the minor use permit approval that each of the following facilities complies with all applicable requirements of this chapter. The director may also choose to defer action and refer any of the following facilities to the commission for consideration as a use permit application when:

1.

An antenna that is installed and maintained on an existing structure and is:

a.

Under the roofline or above, behind, and below an existing approved roof screen and does not extend above the highest point of the structure; or

b.

Camouflaged within an existing structure so as not to be visible from a public right-of-way or other property; or

c.

Architecturally blended into the structure.

2.

A communication facility in which the antenna is mounted on a mast less than ten feet high, is not located on a historic structure, and is not visible from a public right-of-way.

3.

An antenna that is co-located on an existing telecommunications tower.

4.

An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be subject to the "minimum practicable regulation to accomplish the local authority's legitimate purpose," in keeping with the order of the FCC known as "PRB-1," FCC 85-506, released September 19, 1985; provided that there shall be no more than one antenna support structure on a single parcel and that the antenna structure complies with the height limits of the applicable zone.

B.

Application Requirements. In addition to the information required for use permit or minor use permit application by Chapter 17.70 (Permit Application Filing and Processing) the application for a communication facility shall include:

Map and Analysis of Future Service Needs and Technology of Proposed Facility. A map showing planned and/or anticipated future needs of wireless communication services within and throughout the county. In addition to the map, the applicant shall explain the basis for the projected service requirements. To the extent feasible, planned and anticipated needs for future wireless communication facilities shall be forecasted for a minimum of two years following the date of application for a new wireless communication facility. An applicant not able to submit planned and/or anticipated needs forecasted for two years shall explain why it is not feasible to do so. The applicant shall also supply a "search ring" within which their new facilities and associated communications equipment must be sited, and shall explain the criteria used to establish the "search ring" and the constraints of siting facilities outside of it. The applicant shall include technical report demonstrating that the proposed facility uses the best commercially available technology to accomplish the applicant's wireless service coverage objectives, to minimize the number and frequency of continued upgrades and community disruptions caused by facilities with substandard technology.

2.

An Alternative Site Analysis. An alternative site analysis detailing the specific steps undertaken to determine the applicant's selection of a particular project site and its relationship to the location preferences prescribed in this chapter. The analysis shall include a radio propagation model for each carrier, or carriers if the monopole/towers are for multiple users. The alternative analysis shall include the following information:

a.

A topographical map of the proposed local service area and which identifies the local network facilities with which the proposed site will interconnect;

b.

Identification of all other existing structures which might provide an opportunity for attached antenna facilities collocation;

c.

Identification of service gaps in the proposed service area, or areas of high usage requiring in-fill of existing service areas; and

d.

A technical report discussing why alternatives would not be feasible for use as a communications site. This may include construction, interconnect, utility or other factors precluding development of the property or facility as a suitable site.

e.

This subdivision (B)(2) shall not apply to small wireless facility applications.

3.

Certification of Compliance with Standards. Certification acceptable to the director that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.

4.

Report on Potential Interference with Emergency Service Provider Communications. A report, as required by the police department, to evaluate the potential for interference (e.g., HF, UHF, VHF, 800 MHz). The applicant shall be responsible for paying any costs incurred by the city, including the costs of retaining consultants, to review and analyze the report.

5.

Visual Simulations. A visual analysis that includes:

(1)

Scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle;

(2)

A color and finished material palate for proposed screening materials; and

(3)

A photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

6.

Small-Cell Applications. For small wireless applications, any proposed facility must be in the most preferred location and configuration, as described in Subsection 17.46.060(A)(3), within two hundred fifty feet from the proposed site in any direction, or the applicant must demonstrate with clear and convincing evidence in the written record that any more preferred location or configuration within two hundred fifty feet would be technically infeasible, applying the preference standards of this section.

C.

Master Use Permit. A service provider who intends to establish multiple wireless telecommunications facilities within the city is encouraged to apply for the approval of all facilities under a master use permit. Under this approach, all proposed facilities may be acted upon by the city as a single application, ensuring feasibility of long-range company projections

D.

Communications Consultant May be Required. In the event that the city needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be provided at the applicant's expense.

E.

Required Findings for Approval. The approval of a use permit or minor use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section 17.72.060 (Use Permit and Minor Use Permit):

1.

The height of the tower is no taller than necessary to meet the technical requirements of the proposed wireless communication system;

2.

The applicant has agreed to accept proposals from future applicants to collocate at the approved site;

3.

The project as proposed is necessary for the provision of an efficient wireless communication system;

4.

The communication facility will not adversely impact the character and aesthetics of any public right-ofway; and

5.

The communication facility complies with all applicable requirements of this chapter.

F.

Shot Clocks.

1.

Within thirty calendar days after receiving a small wireless permit application, the director shall review the application for completeness, and if any application does not contain all the materials required, shall send written notice to the applicant that identifies the missing or incomplete requirements.

2.

Unless a written agreement between the applicant and the city provides otherwise, the application review period is tolled when the city notifies the applicant within ten days of the applicant's submission of the application that the application is materially incomplete and identifies the missing documents or information. The shot clock may again be tolled if the city provides notice within ten days of the application's resubmittal that it is materially incomplete and identifies the missing documents or information. For an application to deploy small wireless facilities, if the city notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and identifies the missing documents or information and the rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation will restart at zero on the date the applicant submits a completed application.

3.

The city must approve or deny an application for all facility permits, together with any other city permits required for a proposed telecommunication facility, within ninety days after the applicant submits an application to collocate a telecommunication facility using an existing structure, and within one hundred fifty days after the applicant submits an application to deploy a telecommunication facility using a new structure.

4.

Notwithstanding subdivision (a)(3) of this section, the city must approve or deny an application for the modification of an existing wireless tower or base station that does not substantially change the physical dimensions of that tower or base station within sixty days after the applicant submits such an application to modify a telecommunication facility.

5.

Notwithstanding subdivision (a)(3) of this section, the city must approve or deny an application for a small wireless facility permit, together with any other city permits required for a proposed small wireless facility, within sixty days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within ninety days after the applicant submits an application to deploy a small wireless facility using a new or replacement structure.

(Ord. No. 793-B, § 1, 4-9-2019; Ord. No. 794-B, § 1, 5-14-2019; Ord. No. 816, § 13, 6-28-2022)

A.

Zone Priorities. A communication facility shall be not be approved or located within other than the P (public) zone; except that the review authority may approve a facility within a commercial, industrial open space or recreation zone if it first determines that the applicant has demonstrated that all P zone options are infeasible, and that there is no site within a P zone where the communication facility would provide adequate coverage.

B.

Collocation Required. A new communication facility shall be collocated with existing facilities and with other planned new facilities unless it is determined not to be feasible, and whenever determined by the review authority to be aesthetically desirable. A service provider shall collocate a new communication facility with non-communications facilities (e.g., light standards, water tanks, and other utility structures) where the review authority determines that this collocation will minimize the overall visual impact.

1.

A service provider shall exhaust all reasonable measures to co-locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site.

2.

Each service provider shall provide the city with evidence that they have contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.

3.

In order to facilitate collocation, use permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the review authority to be feasible and aesthetically desirable.

C.

Public or Utility Property. A communication facility shall not adversely affect the public health, peace, safety or welfare. In order to best benefit the citizens of Grass Valley from this necessary community impact, the commission shall always consider publicly owned or public/private utility sites as the highest priority for the location of communication facilities.

Each proposed communication facility shall comply with the following standards; except that any standard may be modified or waived by the review authority upon a determination that effective signal reception and transmission will not occur if the facility complies with these standards. The review authority may also grant an exception to the following standards, on such terms as the city may deem appropriate, if the review authority determines that granting an exception is necessary to comply with state and federal law or regulations and if the applicant shows by clear and convincing evidence that no other location or combination of locations or other proposed facility in compliance with these standards can provide comparable communications.

A.

Facility Placement.

Standards for All Facilities.

a.

A roof-mounted antenna on a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of ten feet, whichever is greater.

b.

A ground-mounted communication facility (including towers and antennas) shall be located as far as possible from all property boundaries, and set back from the property line at a ratio of one and one-half horizontal feet for every one foot of height, where feasible.

c.

A tower or antenna shall be set back from all property and public right-of-way lines by a minimum of twenty-five feet. No part of any tower shall extend into a required front setback or beyond a property line of the site.

d.

Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way), or on a screened roof top area. Communications equipment may be located within a front or side setback or within a public right-of-way only if it is underground. See also Subsection D (Visibility and screening), below.

2.

Facilities Within Commercial and Industrial Zones. Within an industrial zone, a minimum distance of five hundred feet shall be provided between towers, and there shall be no more than two towers on a single assessor's parcel or developed site, unless the towers are located on a public facility as described in Subsection A.1, above.

3.

Small Wireless Facilities. The city prefers that small wireless facilities in the public right of way be configured on the following support structures, in order of preference from most to least preferred: existing or replacement street light standard; existing or replacement concrete or steel utility pole; existing or replacement wood utility pole: new street light standard; new utility pole. The city prefers that small wireless facilities outside the public right of way be configured on the following support structures, in order of preference from most to least preferred: on existing, approved wireless facility support structures operating in compliance with the Municipal Code; on existing buildings or non-tower structures; on existing or replacement utility poles or towers; in new towers meeting the height requirements of the applicable FCC regulations.

B.

Height Limitations.

1.

All ground-mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height.

2.

The height of a communications tower shall be no taller than necessary to meet the technical requirements of the proposed communication system. A technical report and/or radio propagation model shall be submitted with each application and in compliance with Section 17.46.040.B.

3.

The height of a communications facility located on a structure other than a dedicated support tower shall not exceed twenty feet above the highest point of the structure and shall at no time exceed the height allowed by the applicable zone.

4.

An antenna mounted on the side of a structure shall not extend above the structure's parapet so that it is visible from below against the sky.

C.

Colors and Materials.

1.

All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts.

2.

Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color.

3.

A new freestanding tower shall be designed to appear as a native pine tree to the extent feasible.

4.

All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the director or shall be adequately secured to prevent graffiti.

D.

Visibility and Screening. All ground mounted equipment shall be sited in compliance with Subsection A.1.d above, and so that it will be screened by existing development, topography, or vegetation. Groundmounted facilities shall be located within structures, underground, or in areas where substantial screening

by existing structures or vegetation can be achieved. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives. All facilities shall be designed and constructed to be integrated into a building, light standard, or other structure, or placed on or within a building or other structure to the maximum extent feasible. All facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All equipment shall be placed underground to the maximum extent feasible. All wires, cables, and any other connections shall be concealed from public view to the maximum extent feasible.

E.

Additional Screening and Landscaping. As part of project review, the director, the commission, or the council (on appeal) may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public rightsof-way.

F.

Power Lines. All power lines to and within a communication facility site shall be underground.

G.

Backup Power Supplies. A backup power supply (i.e., generator) located in an industrial zone shall be enclosed within a structure and operated in compliance with Section 17.46.060.D (Visibility and screening). In any zone, ancillary power supplies and fuel storage tanks to support backup power supplies shall require use permit approval.

H.

Historic District. A facility in a city's historic district shall not adversely impact the historic district's character-defining elements and contributing buildings nor adversely impact non-contributing buildings in a way that adversely impacts the historic district's overall character. A facility in a city must be designed to be entirely stealth, meaning it must be designed and constructed to be integrated into a building, light standard, or other structure, or placed on or within a building or other structure, so that any antennas, equipment cabinets, transmission equipment, or any other apparatus associated with the facility's function is completely hidden and not visible. Only non-functional, screening material equivalent in appearance to the existing, underlying building, light standard, or other structure may be visible. A wireless facility may be not located within or on a building or structure that is defined as a contributing building or structure to the historic district.

I.

Small Cell Facilities. A restriction in this section shall not apply to small wireless facilities if the applicant provides, as part of the permit application, clear and convincing evidence that:

1.

The restriction materially inhibits the provision of wireless service; or

It is technically infeasible to comply with a restriction while supporting a small cell facility.

(Ord. No. 793-B, § 2, 4-9-2019; Ord. No. 794-B, § 2, 5-14-2019; Ord. No. 816, § 13, 6-28-2022)

A.

Contact and Site Information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:

1.

Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

2.

Name, address, and telephone number of a local contact person for emergencies;

3.

Type of service provided; and

4.

Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.

B.

Facility Maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed by the service provider from any facility or equipment as soon as practicable, and in no instances more than forty-eight hours from the time of notification by the city.

C.

Landscaping Maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the director. The commission may also require a landscape maintenance agreement.

D.

Noise. Each communication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. At no time shall equipment noise from any source exceed an exterior noise level of sixty dB at the property line.

E.

Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this chapter.

F.

Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated, and off-site glare is fully controlled. Light fixtures shall be low wattage, hooded, and downward directed.

The carrier and/or successor in interest shall properly maintain and ultimately remove the approved wireless communication facilities as required, in compliance with this chapter and any conditions of permit approval.

A.

Inoperative Facility Removal Required. All equipment associated with an approved communication facility shall be removed within thirty days of the discontinuance of the use and the site shall be restored to its original pre-construction condition, subject to the approval of the director. The service provider shall provide the city with a notice of intent to vacate a site a minimum of thirty days before site vacation. This removal requirement, and appropriate bonding requirements shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include

terms for equipment removal, because the property owner shall be ultimately responsible for removal of the equipment.

B.

Financial Security Requirement. The carrier shall post a financial security acceptable to the city to ensure that approved facilities are properly maintained and guarantee that the facilities are dismantled and removed from the premises and the site reclaimed if it has been inoperative for a one-year period, or upon expiration of the permit. Financial assurance shall be an amount determined by a California licensed engineer, and approved by the commission, and shall cover the costs associated with the demolition, removal, and reclamation of the facility site in the event the carrier abandons operations.