Irvine Municipal Code Ch. 3-8.5 Eligible Facilities Permit

This chapter establishes objective standards and objective concealment standards applicable to all applications that qualify as "eligible facilities requests" within the meaning of 47 U.S.C. Section 1455(a) and qualify for processing pursuant to Chapter 2-37.6. These standards are meant to ensure the protection of the public health and safety while also ensuring that such facilities remain visually compatible with their surroundings and serve the communication needs of the community

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

All submittals for repairs, replacements, or modifications to existing wireless communications facilities that constitute an "eligible facilities request" under 47 U.S.C. section 1455(a) shall comply with the following objective standards:

1. Each such repaired, replaced, or modified facility shall comply with the all conditions of approval applicable to the facility as it existed immediately prior to the proposed repair, replacement, or modification.

2. Each such repaired, replaced, or modified facility shall demonstrate compliance with all applicable development standards specified in the zoning district (Chapter 3-37) in which the project is located.

3. An eligible facilities permit request processed pursuant to Chapter 2-37.6 shall not result in a reclassification of an existing facility to a higher antenna class level (i.e., Class 3 to a Class 6 or Class 6 to a Class 11).

4. Each such repaired, replaced, or modified facility shall demonstrate compliance with the City's applicable building, structural, electrical, and safety codes.

5. Each such repaired, replaced, or modified facility shall demonstrate compliance with the City's noise ordinance pursuant to Section 3-8-2.

6. Each such repaired, replaced, or modified facility shall comply with the Federal Communication Commission regulations regarding radio frequency emissions, as they may be amended from time to time.

7. Each such repaired, replaced, or modified facility shall not prevent the City of Irvine from having adequate spectrum capacity on the 800 MHz radio frequencies used by the City. If notified by the City's Police Department that operation of such repaired, replaced, or modified facility is impeding the City's use of the 800 MHz radio frequencies used by the City, the applicant shall modify the operation of such repaired, replaced, or modified facility to eliminate any material interference.

8. The approval body may place a condition on any eligible facilities permit that calls for the expiration of the permit or, in the City's discretion, reconsideration of the permit by the original approval authority at the end of a specified time period (to be no less than ten years) from the date of the original permit approval. Items to be reviewed may include, but are not limited to, conformance with all conditions of approval, availability of new technologies, conformance with the concealment elements imposed on the repaired, replaced, or modified facility, operation of the repaired, replaced, or modified facility in its intended manner, conformance with all applicable radio frequency standards and regulations (as they may be amended from time to time), and compliance with the City's noise ordinance.

9. The applicant shall pay all charges related to the processing of the eligible facilities permit within 30 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.

10. Each facility for which an application is submitted and obtained pursuant to Chapter 2-37.6 shall comply with the following requirements, where applicable:

a. Building permits. Requests for building permits must meet the following requirements:

1. The applicant shall provide to the Orange County Sheriff Communication bureau a letter identifying the location of the proposed facility, the wireless carrier, the frequency band, a single point of contact in the carrier's engineering and maintenance departments (name, phone number, fax number, and e-mail address), and a 24-hour phone number to which interference problems may be reported. A copy of this letter shall be provided to the Community Development and Police Departments.

2. The applicant shall submit to the City (1) a letter stating that the lessee or other user(s) will comply with the terms and conditions of this permit and that failure of any lessee or other users to comply with the terms of this approval shall be the responsibility of the applicant; and (2) an agreement in a form reasonably acceptable to the City which provides that the applicant will defend, indemnify, and hold the City harmless from any and all claims arising from or relating to the issuance of a permit to the applicant pursuant to Chapter 2-37.6.

3. For all facilities that are located within the public right-of-way and approved pursuant to Chapter 2-37.6, the applicant shall submit a bond in an amount to be determined by the City Engineer to cover the removal of the wireless facility in the event the site becomes abandoned or is otherwise vacated by the wireless carrier.

b. Certificate of occupancy. Requests that require issuance of a certificate of occupancy must meet the following requirements:

1. Permanent power shall not be connected to a facility, nor shall signal transmission or reception occur by way of temporary power, nor shall the electrical meter be released or permanent power be otherwise provided for unattended site operation until final inspection has been approved.

2. Any camouflaging and aesthetic conditions imposed on a facility shall be inspected and verified to have been satisfied.

3. Compliance with Eligible Support Structures Concealment/Camouflage Elements: Pursuant to 47 C.F.R. § 1.40001(b)(7)(v), applicants requesting an eligible facilities permit pursuant to Chapter 2-37.6 must demonstrate that their proposed modification does not defeat the concealment elements that have been imposed on the underlying eligible support structure. In order to comply with this requirement, the proposed modification must meet the standards laid out below in Section 3-8-5.3.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16)

By definition, eligible facilities requests impact a pre-existing eligible support structure that falls under one of the classifications found in Section 2-37.5-3 of this Code. Objective Concealment Standards have been developed in order to ensure that a proposed modification does not defeat the concealment elements of the eligible support structure, and thus qualifies for an eligible facilities permit. These standards are meant to ensure that a modified facility includes camouflage elements/techniques that match the conditions of the existing facility in a manner consistent with the underlying approval. These standards shall not be construed to suggest that a modified facility is to be enhanced beyond the existing concealment elements already in place for a facility, so long as the existing concealment elements comply with the underlying approval.

The following Objective Concealment Standards shall apply to any modification requiring an eligible facilities permit issued pursuant to Chapter 2-37.6:

1. Class 1 (Building Mount). For an eligible facilities permit that impacts Class 1 facilities, the following objective concealment standards shall apply:

• Facility components shall be mounted either inside the structure or entirely behind the proposed screening elements, including all antenna panels.

• Screening materials shall be integrated with the building and match in color, size, proportion, style, texture and quality with the exterior design and architectural character of the structure and the surrounding visual environment.

• A design which results in an installation that is camouflaged and minimizes the visual impact to the surrounding area.

• All accessory equipment shall be located inside the existing equipment enclosure, building, or roof of the building provided it is fully concealed. If mounted inside the equipment enclosure or roof, all appurtenances shall be located below the top of wall or roofline/parapet.

• All new utility lines shall be flush mounted on the roof surface and/or located underground and within the existing lease area.

• All new roof mounted equipment shall be located below the roof or parapet and behind RF screening that is architecturally compatible and consistent with the design of the building or structure.

2. Class 2 (Monorock/Monoshrub). For an eligible facilities permit that impacts Class 2 facilities, the following objective concealment standards shall apply:

• Wireless components mounted inside the concealment element.

• All new utility lines located underground and within the existing lease area.

• For a monoshrub, screening materials that match other vegetation in the immediate vicinity of site. New comparable living vegetation may be necessary to enhance the monoshrub screen. For monorocks, screening that shall match in color as other rock outcroppings in the general vicinity of the proposed site.

• All accessory equipment shall be located inside the existing equipment enclosure.

3. Class 3 (Streetlights/Traffic Signals/Utility Poles). For an Eligible Facilities Permit that impacts Class 3 facilities, the objective concealment measures and submittal requirements outlined in Chapters 2-36 and 3-40 for Small Utility Facilities shall apply.

4. Class 4 (Co-Location). For an eligible facilities permit that impacts Class 4 facilities, the applicable objective concealment standards are determined by the type of installation and classification being used for the co-location. For example, a co-locatable mono-euc shall apply the Class 10 concealment elements.

5. Class 6 (Visible Field Lights/Utility Towers/Streetlights/Traffic Signals). For an eligible facilities permit that impacts Class 6 facilities, the following objective concealment standards will apply:

• The radome shall be painted or otherwise coated to be visually compatible with lighting and signal equipment (right-of-way facilities only).

• Antenna panels and accessory equipment shall be located and arranged on the structure so as to replicate the existing appearance of the installation and any equipment already mounted to the structure.

• Antenna panels or other equipment shall be wired in a manner minimizing exposed cables. The use of 90-degree connectors may be used to prevent dangling cables.

• All antennas, mounting hardware, cabling, nuts and bolts, and other equipment (including remote radio units and tower mounted amplifiers) shall be painted to match the tower.

• All cabling shall be installed flat against the tower to the extent possible. The concealment measures applied to the facility shall result in an installation consistent with existing concealment elements.

• All accessory equipment shall be located inside the existing equipment enclosure. All appurtenances shall be located below the top of wall of the enclosure.

• All new utility lines located underground and within the existing lease area.

• A design that screens the installation from direct view from surrounding properties.

6. Class 7 (Flagpole Mount). For an eligible facilities permit that impact Class 7 facilities, the following objective concealment standards shall apply:

• All antenna panels and accessory equipment shall be mounted inside the tower.

• Screening materials shall match the size, color, texture and design of the existing tower.

• All accessory equipment shall be located inside the existing equipment enclosure. All appurtenances shall be located below the top of wall.

• All new utility lines located underground and within the existing lease area.

7. Class 8 (Building Mount, Visible). For an eligible facilities permit that impacts Class 8 facilities, the following objective concealment standards shall apply:

• Antenna panels and cabling shall be installed flat against the building to the extent possible.

• Antenna panels shall match the color of the existing antenna panels on the building.

• Antenna panels mounted below the top of the roof and arranged on the building so as to replicate the existing appearance of the installation and any equipment already mounted.

• Antenna panels or other equipment shall be wired in a manner minimizing exposed cables.

• All antennas, mounting hardware, cabling, nuts and bolts, and other equipment (including remote radio units and tower mounted amplifiers) shall be painted to match the color of the building.

• A design which results in an installation consistent with existing concealment elements. All accessory equipment shall be located inside the existing equipment enclosure, building, or roof of the building provided it is fully concealed. If mounted inside the equipment enclosure or roof, all appurtenances shall be located below the top of wall of the enclosure or below the roofline of the building.

• All new utility lines flush mounted to the roof surface.

8. Class 9 (Enclosed Camouflaged Tower). For an eligible facilities permit that impacts Class 9 facilities, the following objective concealment standards shall apply:

• All antenna panels and accessory equipment shall be mounted inside the tower.

• Screening materials shall match in color, size, proportion, style, texture and quality with the exterior design and architectural character of the structure and the surrounding visual environment.

• All accessory equipment shall be located inside the existing equipment enclosure. All appurtenances shall be located below the top of wall of the enclosure.

• All new utility lines located underground and within the existing lease area.

9. Class 10 (Monopole, Exterior Mount). For an eligible facilities permit that impacts Class 10 facilities, the following objective concealment standards shall apply:

• All antenna components and support equipment shall be treated with exterior coatings of a color and texture that matches the existing wireless facility.

• Antenna panels and accessory equipment shall be located and arranged on the structure so as to replicate the existing appearance of the installation and any equipment already mounted to the structure.

• A branch density to match the existing tree.

• Antenna covers of a durable material shall be applied to match the color of the tree and embedded with leaves matching the leaf density of the tree.

• Tree branches shall be used that extend a minimum three feet beyond antenna panels and support equipment.

• All antennas, mounting hardware, cabling, nuts and bolts, and other equipment (including tower mounted amplifiers) used on the faux trees shall be painted in greens or browns to match the tree design.

• All cabling shall be installed internal to the tree structure to the extent possible.

• Antenna panels or other equipment shall be wired in a manner minimizing exposed cables.

• All new and accessory equipment shall be located inside the existing equipment enclosure. All appurtenances shall be located below the top of wall of the enclosure.

• All new utility lines located underground and within the existing lease area.

10. Class 11 (Non-Camouflage Monopole). For an eligible facilities permit that impacts Class 11 facilities, the following objective concealment standards shall apply:

• All antennas, mounting hardware, cabling, nuts and bolts, and other equipment (including remote radio units and tower mounted amplifiers) shall be painted to match the tower.

• Antenna panels or other equipment shall be wired in a manner minimizing exposed cables. The project may use 90-degree angle connectors to accomplish this.

• Antenna panels and accessory equipment shall be located and arranged on the structure so as to replicate the existing appearance of the installation and any equipment already mounted to the structure.

• All new accessory equipment shall be located inside the existing equipment enclosure and below the top of wall of the enclosure.

• All new utility lines located underground and within the existing lease area.

(Ord. No. 16-05, § 3(Att. 1), 7-26-16; Ord. No. 19-06, § 6(Exh. A), 5-14-19)