Irvine Municipal Code Ch. 2-6 Broadband Batch Permit Processing

It is the intent and purpose of this section to establish procedures whereby the City may grant broadband batch permit processing for substantially similar broadband project sites pursuant to Government Code Section 65964.3.

It is also the intent that all broadband batch permit applications shall be reviewed in accordance with the underlying permit type of the broadband project at issue in accordance with Chapter 2-36, Chapter 2-37.5, Chapter 3-8, and Chapter 3-40 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Unless specifically exempt by federal or state law, all applications for the simultaneous processing of between two (2) and fifty (50) substantially similar broadband project sites. Without limiting the generality of the foregoing, an applicant cannot apply for broadband batch permit processing for projects that would otherwise qualify as an eligible facility request under Section 1455 of Title 47 of the United States Code.

(Ord. No. 24-15, Exh. A, 9-24-24)

A. Only the property owner, or authorized agent of such property owner, may submit an application for broadband batch permit processing.

B. All applications for batch permit processing shall include the following information and fees:

1. A description letter stating the following information:

a. Broadband company, and/or applicant submitting on behalf of the broadband company, on the broadband permit application.

b. A statement that the applicant wishes to process its application pursuant to this chapter.

c. A statement explaining the shortest time frame the applicant believes applies to City's consideration of the broadband permit application with citation to the applicable legal authority. If the applicant fails to identify the relevant shot clock, the application will be deemed incomplete. Additionally, by failing to identify the relevant "shot clock," the applicant will be deemed to have stated that no such "shot clock" would apply to the application.

d. A statement which states the type of broadband project proposed along with the corresponding Zoning Ordinance section which lists the requirements for such wireless facility as if it were a stand-alone application.

e. A detailed description of the broadband projects, including: an explanation of how the projects will be substantially similar, and accompanying evidence to show the projects will satisfy the wireless communication facility standards in Chapter 3-8 and/or objective concealment elements in Chapter 3-40 of the Zoning Ordinance.

f. Findings pursuant to Section 2-6-7 of this chapter.

2. A spreadsheet with a numbered list of all broadband projects to be batched.

3. A photo simulation for each broadband project.

4. An overall site map identifying the locations of the broadband projects.

5. A completed Broadband Batch Permit Processing Checklist, which is available from the Community Development Department or its website.

6. A completed Broadband Batch Permit Processing Substantially Similar Questionnaire, which is available from the Community Development Department or its website.

7. Radio Frequency (RF) compliance documentation, demonstrating compliance with applicable state and/or federal regulations.

8. A base deposit fee as set forth by ordinance or resolution of the City Council of the underlying permit of the proposed facility.

9. All materials and requirements found applicable to the underlying permit type of broadband project proposed in accordance with the Zoning Ordinance section identified by the applicant as part of Subdivision (B)(1)(d) of this section.

(Ord. No. 24-15, Exh. A, 9-24-24)

Broadband projects shall be eligible for batch permit processing if they are substantially similar, in that each facility is nearly identical in terms of equipment and general design.

A. Equipment. Broadband projects will be considered nearly identical in terms of equipment if staff determines that each project consists of the following:

1. The same type of support structure.

2. The same number of equipment, and equipment size including, but not limited to, antennas, utility boxes, RDUs, dishes, and more.

3. Equipment mounted at equal height or within five percent (maximum) below the highest mounted equipment in the batch.

4. The same amount of support wiring, including electrical connection, fiber optics, coaxial, cable, etc., as dictated by the length to be installed.

B. General design. Broadband projects will be considered nearly identical in terms of general design if staff determines that each project consists of the following:

1. The same materials and colors.

2. Lease area square footage is equal to or within five percent (maximum) less than the largest lease area in the batch.

3. Square footage equal to or within five percent (maximum) less than the largest amount of square footage to be excavated, trenched or graded in the batch.

4. The same general equipment layout.

(Ord. No. 24-15, Exh. A, 9-24-24)

A. Staff shall determine the approval body of a batched application based on the underlying permit, as identified by Section 2-6-3 subdivision (B)(1)(D) of this chapter.

B. In considering each batched broadband permit application, the appropriate approval body, may approve, partially approve, deny, or partially deny such an application. In the event that a broadband permit application contains wireless facilities which require different approval bodies, the highest approval body shall apply to the batch permit application.

C. The appropriate approval body shall approve a broadband batch permit application, or a part of the application, only if they are able to make the findings set forth in Chapter 2-6-7.

(Ord. No. 24-15, Exh. A, 9-24-24)

The hearing and notice procedures for a batched application shall be in accordance with Chapter 2-23 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

A. The appropriate approval body may approve or condition all or a part of the Broadband Batch Permit provided they make the following findings:

1. A complete application has been submitted.

2. The Broadband Batch Permit Application meets the eligibility requirements in this chapter as defined in Section 2-6-4.

3. The broadband projects are substantially similar, in that each facility is nearly identical in terms of equipment and general design, as defined in Section 2-6-4.

4. Each broadband project site within the application complies with the applicable Wireless Communication Facility Standards in Chapter 3-8 and/or Objective Concealment Elements and Standards in Chapter 3-40.

5. The City can make the other necessary findings as may be required by Chapter 2-36 and Chapter 2-37.5 for the particular type of facility at issue in the batch application.

6. Where applicable, all illegal facilities, or other issues relating to non-compliance with applicable laws and regulations, have been corrected.

B. In considering a Batched Broadband Permit Application, the appropriate approval body shall have the authority to approve only some of the batch of Broadband Permit Applications, and may deny others. However, in denying all or a portion of a Broadband Batch Permit Application, the City shall inform the applicant in writing of its denial, and the reasons supporting that denial.

(Ord. No. 24-15, Exh. A, 9-24-24)

The appeal procedure for a Broadband Permit Application shall be in accordance with the appeal procedure required for the underlying permit as found in Chapter 2-5 of the Zoning Ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Notwithstanding any other provision of this chapter to the contrary, an applicant may request an exemption to excuse it from having to comply with this chapter on the grounds that the requirement or action taken by the City would violate state or federal law. The City shall grant the exemption or excuse an applicant from compliance with all or a portion of this chapter, if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law.

(Ord. No. 24-15, Exh. A, 9-24-24)

The City reserves the right to reconsider the permit at the end of a ten year period time from the date of the original permit approval. Reconsideration items to be reviewed may include, but are not limited to, conformance with all objective standards, conformance with the objective concealment standards, operation of applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with the City's noise ordinance.

(Ord. No. 24-15, Exh. A, 9-24-24)

Within 30 days of terminating the operation of any facility approved under this section, for any reason, including, but not limited to, inoperable equipment, abandonment or technical obsolescence, the applicant shall notify the City of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable permit number. At the applicant's sole expense and responsibility, all component elements of a terminated wireless communication facility shall be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

At any time after 90 days of discontinued use and/or operation of a Broadband facility, the City may remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the broadband facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the broadband facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(Ord. No. 24-15, Exh. A, 9-24-24)