Chapter 18.49 — WIRELESS TELECOMMUNICATION FACILITIES

The intent and purpose of this chapter is to provide a comprehensive set of standards for the development of wireless telecommunication facilities in the city. The regulations contained herein are designed to protect and promote the safety, welfare, image and aesthetic values of the community as set forth in the goals, objectives and policies of the Pico Rivera general plan; while allowing the orderly development of wireless telecommunication facilities. As such, the intended goals of these standards are as follows:

• A. Expand the areas of the city where wireless telecommunication facilities would be permitted;

• B. Protect local interests through the use of setbacks and aesthetic enhancements;

• C. Encourage the location of telecommunication technology in appropriate areas through the use of nondiscretionary or administrative applications.

• (Ord. 893 § 9, 1997)

The definitions of wireless telecommunication related terminology as used in this chapter can be found in Chapter 18.04 of the Pico Rivera Municipal Code. (Ord. 893 § 9, 1997)

All wireless telecommunication facility proposals shall be subject to the following provisions:

• A. Colocation Required Where Feasible. Subject to zoning administrator requirements, the applicant and/or existing provider may be required to provide written verifiable proof why colocation is not structurally or technically feasible. Lease agreements may not preclude prohibition colocation or contain an exclusivity clause. Violation of this provision subjects provider or property to revocation of permit.

• B. Structures to be Removed if No Longer in Use. Should a wireless telecommunications facility become unused for a continuous period of one hundred eighty days, then the property owner shall be responsible for removing the structure and equipment within sixty days of notification from city, should purveyor fail to do so. Lease agreement between purveyor and property owner cannot prohibit property owners' ability to remove equipment should above condition occur. Lease agreements to be drafted to fit within "commercial lease" provisions of federal bankruptcy law. Applicant may be required to verify compliance with these provisions.

• C. Provider to provide proof of compliance with existing federal or ANSI (American National Standards Institute) standards relative to RF (Radio Frequency) or EMF (Electromagnetic Field) transmissions. Letter from certified RF engineer fulfills this requirement. Additional compliance verification may be required should federal standards be modified.

• D. Interference caused by facility or transmissions to TV, ham radio or similar uses to be rectified within thirty days by facility operator upon notification by the city. Facility operator to be responsible for any expense involved in rectifying problems arising from such interference.

• E. Applicant to comply with all other provisions of Title 18 of the Pico Rivera Municipal Code not in conflict with this chapter.

• F. Small Cell Facilities Within the Public Rights-of-Way. The installation of a small cell wireless facility within a public right-of-way shall be governed by and be subject to the small cell regulations of the city of Pico Rivera, as adopted by resolution of the city council, and subject to the payment of any associated fees established by resolution of the city council. For purposes of this subsection, the term "small wireless facility" shall have the same meaning as set forth in Section 1.6002(l) of Subpart U, of Part 1 , of Title 47 of the Code of Federal Regulations.

• (Ord. 893 § 9, 1997; Ord. 1134 § 3, 2019)

(Ord. 893 § 9, 1997)

Nonsafety related signage or advertising is prohibited unless a natural part of a stealth design. (Ord. 893 § 9, 1997)

Lighting to be kept to minimum necessary for safety purposes. Lighting plan to be submitted for review and approval prior to permit issuance. (Ord. 893 § 9, 1997)