Irvine Municipal Code Ch. 2-36 Small Utility Facility Permit

This chapter establishes application and permitting requirements for certain specific small utility facilities.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

Prior to the construction or installation of any small utility facility, including modifications, the applicant shall obtain a small utility facility permit pursuant to the procedures, requirements and restrictions of this chapter.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A. A Community Development Department designee shall be the final approval body for any small utility facility within the City.

B. The Community Development Department designee shall only approve a small utility facility permit if it is able to make the findings found in Section 2-36-6 of this chapter.

Should the Community Development Department designee approve a small utility facility permit, its approval shall include a condition that the applicant and project comply with the requirements of Section 3-40-2 (Objective Standards) and Section 3-40-3 (Objective Concealment Standards) on an ongoing basis, which will act as conditions of approval of the facility.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A. The decision of a Community Development Department designee, shall be considered a final decision for the purpose of any subsequent judicial review.

B. Any member of the Planning Commission may request that an application for a small utility facility be called up for review by the Planning Commission prior to a Community Development Department designee decision.

C. In addition to any other recourse allowed by law, an applicant may appeal a decision of the Community Development Department to deny a small utility facility permit request. In such case, the appeal shall go before the Planning Commission for review and action in accordance with the appeal procedures set forth in Chapter 2-5.

D. A decision of the Planning Commission, whether the result of a call-up pursuant to Section 2-36-4(B) or an appeal under Section 2-36-4(C) will be final for all purposes.

E. Public notice of an appeal or call-up hearing shall be given in accordance with the public hearing procedures set forth in Chapter 2-23.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A. Before submitting an application, all new applicants are advised and strongly urged to participate in a wholly voluntary pre-application meeting with appropriate staff, scheduled in advance. The meeting will cover all City of Irvine application and approval processes and requirements, thereby providing a path for more streamlined review once applications are submitted. Failure to participate in a pre-application meeting may result in reasonable delays in the processing of an application.

B. All applications for small utility facility permits shall be processed as a building permit and shall include the information below:

1. A complete development case application signed by the owner of the structure, the structure to be replaced, or the underlying property.

2. Detailed plans showing and describing the layout and design of the proposed project, including a depiction of the boundaries of the site on which the project will be developed.

3. An alternative site analysis assessing the potential of adjacent properties/locations.

4. A completed Small Utility Facilities Permit Checklist, and all of the associated materials included on the checklist, which is available from the Community Development Department or its website.

5. Documentation that the facility will comply with all federal and state regulations and guidelines, including (where applicable) FCC regulations and guidelines.

6. A deposit or fee as required for processing of the associated building permit as outlined in the City's fee schedule.

7. When submitting a Batch Small Utility Facility Application consisting of multiple facilities, the applicant shall submit a separate development case application, checklist and questionnaire for each facility that is a part of the application.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

A. Prior to issuance of a small utility facility permit pursuant to this chapter, the following findings shall be made to the satisfaction of the Community Development Department designee:

1. A complete application has been submitted.

2. The proposed small utility facility meets all the requirements set forth in Section 3-40-2 (Objective Standards).

3. The proposed small utility facility meets all the requirements set forth in Section 3-40-3 (Objective Concealment Standards).

4. The proposed small utility facility is not detrimental to the public health and/or safety, and will not otherwise create unsightly or out-of-character aesthetic impacts.

5. The proposed small utility facility is proposed to function in compliance with all applicable federal and state regulations, including (where applicable) regulations of the Federal Communications Commission.

B. If the approval authority cannot make the required findings, it shall deny the permit with a written explanation as to why any such finding could not be made.

(Ord. No. 19-06, § 6(Exh. A), 5-14-19)

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. 19-06, § 6(Exh. A), 5-14-19)

The City reserves the right to reconsider the permit at the end of a ten year time period 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. 19-06, § 6(Exh. A), 5-14-19)

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 small utility 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 small utility facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the small utility 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. 19-06, § 6(Exh. A), 5-14-19)