Los Angeles County Municipal Code Ch. 16.25 Small Cell Facilities

The purpose of this Chapter is to establish procedures and standards for the installation and modification of small cell facilities ("SCF") and for eligible facilities requests ("EFR") located in highways. This Chapter shall not apply to wireless facilities, including temporary wireless facilities, that are not SCF; EFR not pertaining to SCF; or SCF that is not in compliance with this Chapter. Such facilities shall comply with applicable provisions of Title 22 — Planning and Zoning — of the Los Angeles County Code, other applicable laws, ordinances, and regulations, and shall obtain required approvals from County departments and public agencies.

(Ord. 2023-0001 § 1, 2023.)

The terms as used in this Chapter are defined as follows:

A.

"Applicant" means a person or entity applying for a permit pursuant to this Chapter to install, maintain, modify, or remove SCF within a highway.

B.

"Base station" means a structure or equipment, as defined in 47 C.F.R., section 1.6100(b)(1), or any successor provision, at a fixed location in a highway that enables FCC-licensed or -authorized SCF wireless communications between user equipment and a communications network. This term does not include a tower or any equipment associated with a tower.

C.

"C.F.R." means the Code of Federal Regulations, and references to such provisions in this Chapter also include the successor provisions to those cited.

D.

"County infrastructure" means County-owned property, structures, objects, and/or equipment located within highways, including, without limitation, free-standing streetlight poles, traffic signal poles, and pedestrian light poles.

E.

"Eligible facilities request" or "EFR" means a request for modification of an existing tower or base station pertaining to SCF that does not substantially change the physical dimensions of that tower or base station, and involves collocation, removal, or replacement of transmission equipment, as defined in 47 C.F.R., section 1.6100(b)(3), and within the meaning of the Spectrum Act or any successor provisions. For the purposes of EFR, collocation is as defined in 47 C.F.R., section 1.6100(b) (2), or any successor provisions.

F.

"FCC" means the Federal Communications Commission or its lawful successor.

G.

"Owner" means the party responsible for the SCF who is authorized to control and maintain the SCF, including the owner, licensee, or any other party who has authority and control over the SCF and their successors and/or assigns.

H.

"Permittee" means any person or entity granted a permit in accordance with this Chapter.

I.

"Small cell facility" or "SCF" means a "small wireless facility," as defined in 47 C.F.R., section 1.6002(l), and in any successor provisions.

J.

"Support structure" means County infrastructure, streetlight poles, towers, or utility poles.

K.

"Temporary SCF" means an SCF intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly-proclaimed local or State emergency, as defined in California Government Code section 8558, requiring additional service capabilities. Temporary SCFs include, without limitation, cells or sites on wheels, cells on light trucks, or other similar temporary SCF: (1) that will be in place for no more than six months (or such other longer time as the County may allow in light of the event or emergency); (2) for which required notice is provided to the Federal Aviation Administration ("FAA"); (3) that do not require marking or lighting under FAA regulations; and (4) that will either involve no excavation or involve excavation only as required to safely anchor the facility, as approved by the commissioner.

L.

"Tower" means a structure that is built for the sole or primary purpose of supporting any FCC-licensed or -authorized antennas as defined in 47 C.F.R., section 1.6100(b)(9), including on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna. This definition does not include utility poles or streetlight poles.

(Ord. 2023-0001 § 1, 2023.)

A.

Permit. A permit issued pursuant to this Chapter is required to authorize the installation, replacement, maintenance, modification, or removal of any SCF in a highway, including any Temporary SCF and any EFR pertaining to an SCF. The permit application for SCFs and EFRs shall demonstrate compliance with this Chapter for the application to be deemed complete. Any Temporary SCF shall comply with the requirements of this Chapter for SCF.

B.

Application.

Application submittal. An applicant for an SCF shall submit an application for a permit on forms provided by the road commissioner of the County of Los Angeles ("commissioner"), containing all information that is required in this Chapter, including the design standards checklist, and in Chapter 16.08 of this Division 1 — Highway Permits, and providing payment of all application fees required pursuant to Chapter 16.10. The applicant shall identify the written approval for use of the support structure or base station proposed for SCF consistent with Section 16.25.060 and provide supportive documentation to the satisfaction of the commissioner.

Design standards checklist. The commissioner may adopt and amend a design standards checklist and permit conditions for SCFs and EFRs implementing the provisions of this Chapter. The applicant must comply with public notification requirements as set forth in the design standards checklist. The permit application for SCFs and EFRs shall demonstrate compliance with the design standards checklist.

Installation on County infrastructure. If the SCF is to be mounted on new or replacement County infrastructure, engineered plans shall be submitted for approval by the commissioner before permit issuance.

Emergency work. For emergency SCF work, the permit application shall be submitted no later than one business day after the emergency SCF work is commenced.

Incomplete application. An application shall be screened for completeness in conformity with this Chapter and applicable law, including any FCC-issued order(s). If the application is incomplete, the commissioner shall notify the applicant in writing and specify the information or material(s) omitted from the application in a timely manner.

Processing. An application shall be processed within the time period as specified by applicable law, including any FCC- issued order(s), in accordance with all applicable requirements and procedures for a permit identified in Title 16 — Highways — Division 1 (Highway Permits).

Decision on permit application. The commissioner shall grant a permit when the commissioner is satisfied that the SCF or EFR meets all applicable requirements for a permit under this Chapter. Permits processed and granted pursuant to this Chapter are subject to all applicable provisions of Title 16 — Highways — Division 1 (Highway Permits). The denial of a permit application shall be issued in writing and state the reasons for denial.

Final decision. The commissioner's decision on an application submitted pursuant to this Chapter shall be the final action of the County.

C.

County authority over highways. The County's grant of a permit for an SCF or EFR does not waive, and shall not be construed to waive, any claims, authority, or standing by the County to challenge any FCC orders or rules related to SCF or EFR in a highway.

(Ord. 2023-0001 § 1, 2023.)

A.

Other applicable permits. Prior to the issuance of a permit for an SCF or EFR, the applicant shall obtain all required County, State, federal, and public agency permits and approvals, as applicable.

Regional Planning.

a.

An SCF on a new support structure to be located in a highway identified as a Scenic Highway in the County General Plan, or to be located within the boundaries of a Significant Ecological Area, or within 50 feet of a Significant Ridgeline, as described in Title 22 of the County Code, shall obtain land use approvals from the County of Los Angeles Department of Regional Planning ("Regional Planning").

b.

An SCF on a new or existing support structure to be located within the boundaries of a Coastal Zone, as described in Title 22 of the County Code, shall obtain land-use approvals from Regional Planning.

United States Department of the Interior, National Park Service ("NPS"). An SCF on a new or existing support structure located in a highway on land within NPS jurisdiction shall obtain a Right-of-Way (ROW) permit as required from the NPS in accordance with 54 U.S.C., section 100902(b), or any successor provisions.

B.

Existing SCF in highways. Any existing SCF in a highway as of the adoption date of this Chapter shall remain subject to the provisions of the County Code and any applicable master license agreement or authorization in effect prior to the adoption of this Chapter, unless and until the agreement or authorization for such SCF to remain in the highway expires, at which time the provisions of this Chapter shall apply. Notwithstanding the above, any existing SCF in a highway is subject to provisions of Title 16 — Highways — Division 1 (Highway Permits) of the County Code.

C.

Public use. Except as otherwise provided by applicable law, any use of a highway or County infrastructure authorized pursuant to this Chapter is subordinate to the County's use and use by the public.

D.

Order of use. To the extent feasible as determined by the commissioner, the SCF shall utilize support structures in this order of preference: (1) existing support structures, other than traffic signal poles; (2) replacement support structures; (3) traffic signal poles; (4) new towers.

E.

Compliance with laws, permits, and agreements. SCF owners and permittees shall comply with all applicable federal, State, and local laws, regulations, and other rules, permits, conditions, and any agreement with the County related to SCFs, including all applicable public safety requirements. No SCF or combination of SCFs shall produce exposure levels that exceed the applicable FCC Standards for radiofrequency (RF) emissions.

(Ord. 2023-0001 § 1, 2023.)

In order to obtain a permit, SCFs shall comply with the following development standards and the design standards checklist adopted by the commissioner.

A.

Support structure concealment. All SCFs shall be stealth, meaning designed to blend into, or to be incorporated into, the support structure. The SCF and associated equipment, including antennas, radios, and cables, shall be concealed on or within the support structure where technologically feasible, and consistent with the design standards checklist.

B.

Location. The location or placement of SCF shall not interfere with the use of the highway; impede the flow of vehicular or pedestrian traffic; impair the primary use and purpose of traffic signals, streetlights, utility poles, other support structures, signs, or other County infrastructure in the highway; interfere with the County's use of County infrastructure; interfere with outdoor dining areas or emergency facilities; or otherwise obstruct the accessibility of the highway. SCFs and associated equipment in the highway shall comply with Americans with Disabilities Act (ADA) requirements.

C.

Structural integrity. All SCFs shall comply with applicable utility facilities construction standards, including, but not limited to, California Public Utilities Commission General Order 95, or successor provisions. An SCF and its associated equipment to be mounted on an existing support structure shall not compromise the structural integrity of the support structure. If the SCF or its equipment to be mounted on the support structure affects its structural integrity, a replacement support structure shall be installed that will accommodate the SCF and its associated equipment. If the proposed new or replacement support structure is County infrastructure, the structure shall adhere to all terms, conditions, and guidelines of any agreement or master license agreement between the County and the Owner. If any SCF is requested to be placed on County infrastructure, then a structural analysis of the effect of such placement on the County infrastructure, including wind impacts on traffic signal poles and mast arms of traffic signals, shall be provided for approval by the commissioner, to ensure there is no overburden on County infrastructure.

D.

Height. The combined height of the support structure and antenna(s) for an SCF shall not exceed the height limitation in 47 C.F.R., section 1.6002(l), and any successor provisions. In no event shall the antenna(s) on the support structure be placed lower than eight feet above the ground.

E.

Placement of pole-mounted SCF antennas and associated equipment.

Streetlights. Antennas and any associated equipment to be mounted on or integrated in a streetlight shall be placed in a manner that does not block or otherwise impede the illumination of the lighting to the ground.

Utility poles. If a cross-arm or side-arm is the only feasible option to mount antennas and any associated equipment on a utility pole, then each side-arm assembly shall not extend further than six feet from the center of the pole in either direction. A cross-arm shall not exceed a total length of 12 feet. Antennas and any associated equipment to be mounted on or integrated in a utility pole shall be placed in a manner that does not block or otherwise impede the illumination of street lighting to the ground.

All antennas and any associated equipment shall be installed at least five feet from any existing radio equipment on County infrastructure. If the County requires radio equipment to be installed on the support structure, the antenna(s) and its associated equipment shall be relocated to maintain the five feet separation at the cost of the Permittee and/or Owner.

F.

Power supply. Co-mingling or sharing circuits used for County power service is prohibited.

G.

Generators. Separate, above-ground generators for SCFs shall be prohibited in any highway. Temporary generators shall be permitted pursuant to Chapter 16.08.

H.

Lighting. No SCF shall contain artificial lighting that is in addition to any existing illumination provided by the support structure, such as a streetlight luminaire, unless otherwise required by applicable County, State, or federal regulations.

I.

Safety. All SCFs shall be designed and installed to ensure that the SCFs and supporting structures meet minimum standards for public safety. All SCFs shall be maintained to prevent electrical and fire hazards.

(Ord. 2023-0001 § 1, 2023.)

A.

County infrastructure. The placement of SCFs on County infrastructure in a highway shall be subject to a written agreement or master license agreement with the County. The agreement shall specify the compensation to the County for use of the County infrastructure, including additional maintenance costs incurred by the County due to the placement of the SCF and associated equipment on County infrastructure. Any person or entity seeking an agreement or master license agreement with the County shall reimburse the County for all costs incurred in connection with the County's review of, and action upon, such request. Such agreement or master license agreement shall be signed by the County and the Owner prior to the issuance of a permit on County infrastructure pursuant to this Chapter. Every agreement or master license agreement approved by the County for placement of SCF in a highway shall be granted upon, and be subject to, such rules, regulations, restrictions, terms, and conditions as are incorporated therein by reference, and, except as otherwise expressly provided in the agreement or master license agreement, is subject to the rules, regulations, restrictions, terms, and conditions set forth in this Chapter.

B.

Other support structures. The placement of SCF on support structures in a highway that is not County infrastructure shall be authorized by the entity that owns, operates, and/or controls the support structure.

(Ord. 2023-0001 § 1, 2023.)

A.

Violations. Any violation of this Chapter by a Permittee or Owner shall be subject to the same penalties described in Chapter 16.28 of the County Code. Penalties for violations of any agreement or master license agreement between the Owner and the County, if applicable, are in addition to penalties for violations of the County Code.

B.

Unpermitted facilities. An SCF installed without a permit and/or authorization to utilize the support structure, consistent with Section 16.25.060, shall be removed at the expense of the Owner within 90 days following the issuance of a written notice from the commissioner, or as otherwise determined by the commissioner; provided that the support structure owned by the County, a utility, or other entity authorized to maintain the support structure in a highway need not be removed, but such structure shall be restored to its condition prior to such unpermitted work or unauthorized use, except as specifically allowed by the County. A permit shall be required for the removal of such SCF. All costs incurred by the County in connection with the removal shall be paid for by the Owner.

C.

Revocations. A permit may be revoked for failure to comply with applicable standards or laws, or the agreement with the County. Upon revocation, the SCF shall be removed at the expense of the Owner or Permittee within 90 days following the issuance of a written notice from the commissioner or as otherwise determined by the commissioner, or in accordance with the terms and conditions of the applicable agreement between the Owner and the County.

D.

Relocations. An SCF shall be relocated within 90 days of a request by the County when the commissioner determines that there is a paramount need of the County, due to a change in street alignment, construction, expansion, permanent closure of a street, sale of County property, public improvement project, or other similar determination by the commissioner. The Owner of the SCF shall relocate the equipment at its own expense to an alternative location. Required permit(s), and other approvals as applicable, shall be obtained prior to relocation.

(Ord. 2023-0001 § 1, 2023.)

If any Section, subsection, provision, sentence, clause, phrase, or word of this ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase, or word included within this ordinance, it being the intent of the County that the remainder of the ordinance shall be and shall remain in full force and effect, valid, and enforceable.

(Ord. 2023-0001 § 1, 2023.)