Temple City Municipal Code Ch. 4 Telecommunication Facilities in the Public Right of Way

This chapter shall be known as the TELECOMMUNICATIONS FACILITY ORDINANCE and serves as the city's regulation over such facilities in the public right of way. (Ord. 16-1012)

For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:

ANTENNA ARRAY: One or more rods, panels, disks, or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel), and parabolic antennas (dish), but excluding any support structure.

COLLOCATE: A site or facility where a wireless provider shares a telecommunications facility with an existing structure, such as an existing streetlight or utility pole.

CORNER LOT: A lot bounded by two (2) or more intersecting streets that has an angle of intersection of not more than one hundred thirty five degrees (135°). The intersecting streets shall not be the same street. In determining the angle of intersection for a rounded corner, straight lines shall be drawn as extensions of both street lines. The calculation of the angle of intersection shall be made from the side facing toward the lot at the point where these two (2) extensions meet.

DIRECTOR: The director of the department of community development or his/her written designee. The director is hereby designated as the administrative enforcement official for this chapter and may issue an administrative citation pursuant to title 1, chapter 4 of this code, and a violator shall be subject to the procedures, costs and civil penalties set forth therein.

PARKWAY: That area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway, which is not open to vehicular travel.

PERMIT: A permit issued pursuant to this article allowing the placement of a telecommunications facility within a specifically designated portion of the public right of way. This is separate from the encroachment permit.

PERSON: Any individual, firm, company, corporation or other organization.

PRIMARY USE: The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours which activities occur, including, but not limited to, a streetlight or power pole.

PUBLIC RIGHT OF WAY OR RIGHT OF WAY: Any public street, public way, public place or rights of way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.

PUBLIC SIDEWALK: Any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.

PUBLIC STREET: All of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

ROADWAY: That portion of a public street improved, designed or ordinarily used for vehicular travel.

STREET SEGMENT: The length of a street between two (2) cross streets and includes both sides of such street. For streets that turn at an angle of ninety degrees (90°) or more, the portion before and after the right angle shall each be considered a street segment.

SUPPORT STRUCTURE: A freestanding structure designed and constructed to solely support an antenna array and that may consist of a monopole, a self-supporting lattice tower, a guywire support tower, or other similar structure.

TELECOMMUNICATIONS FACILITY: Any wire or line, antenna, pipeline, pipe, duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain, manhole, splice box, surface location marker, pole, structure, utility, or other appurtenance, structure, property, or tangible thing used to provide telecommunications and/or video service to the public.

WIRELESS COMMUNICATION FACILITY (WCF): For purposes of this chapter, a wireless communications facility is any unstaffed facility for the transmission and/or reception of wireless telecommunication services, usually consisting of an antenna array, connection cables, an equipment enclosure or facility, and a tower structure or other building or structure used to achieve the necessary elevation. (Ord. 16-1012)

No person shall install, use or maintain any telecommunications facility which projects onto, in or over any part of the roadway of any public street or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street. (Ord. 16-1012)

A. No person shall install, use or maintain any telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway:

1. When such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or

2. When such site or location is used for public utility purposes, public transportation purposes or other governmental use, or

3. When such telecommunications facility unreasonably interferes with or impedes the flow of:

a. Pedestrian or vehicular traffic including any legally parked or stopped vehicle,

b. The ingress into or egress from any residence or place of business,

c. The use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. (Ord. 16-1012)

A. Required: No person shall install or maintain any telecommunications facility which in whole or in part rests upon, in or over the public right of way without:

1. First obtaining a telecommunications permit or "permit" from the director under this chapter and

2. Demonstrating that the operator is regulated by the public utilities commission or has a certificate of public convenience and necessity.

B. Application Information: Applications for permits shall be made to the director and shall contain the following:

1. The name, address and telephone number of the owner of the telecommunications facility;

2. The name, address and telephone number of the responsible person whom the city may notify or contact at any time concerning the telecommunications facility;

3. A site plan containing the exact proposed location of the facility (including the longitude and latitude for purposes of noting the location in the city's geographic information system), and detailed plans created by a qualified licensed engineer and in accordance with requirements set by the director;

4. A photograph and/or model number of the type of telecommunications facility being used;

• 5. A hold harmless agreement pursuant to section 6-4A-13 of this article;
• 6. A certificate of insurance pursuant to section 6-4A-14 of this article;
• 7. Agreement to conform to the requirements of this chapter;
• 8. An application and processing fee, as established by resolution of the city council; and
• 9. A visual impacts analysis including scaled elevation diagrams which:

a. Demonstrates the potential visual impacts of any proposed WCF, telecommunications facility, support structure, or accessory equipment;

b. Includes before and after photo simulations from various locations and/or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and

c. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective.

10. Any additional data sufficient to show the correctness of the application and/or plans required by the director.

C. Public Improvements: Applications will not be accepted for geographic locations which are then unavailable due to current or proposed public improvements as specified in the current capital improvement program.

D. Existing Facilities: This section does not apply to the terms and conditions of any agreement or permit (or extension thereof) pertaining to telecommunications facilities (issued by the city or of which the city is a party) that is already in existence at the effective date hereof, provided that the agreement or permit (or extension thereof) does not result in a material change (including, but not limited to, changes in size, shape, color, or exterior material) of the telecommunications facilities covered by such existing agreement.

E. Impact Minimizing Conditions: The director may impose impact minimizing conditions on a permit to mitigate potential noise or aesthetic impacts.

F. Permits: The director shall have the right to review the permit every ten (10) years to determine whether the equipment is no longer needed and/or useful, or whether new means exist to further reduce noise and/or aesthetic impacts that are materially greater than those that would have existed when the WCF was installed as originally permitted.

G. Additional Impact Mitigations: The director may require facility upgrades and/or additional mitigations to reduce impacts of such facilities unless the applicant demonstrates that the mitigations are not feasible.

H. Eligible Facilities Requests: Eligible facilities requests (as defined in the middle class tax relief and job creation act of 2012, section 6409 and any subsequent modifications) that do not require a substantial change in physical dimensions shall be processed in accordance with 47 USC section 1455, and any duly authorized implementing orders and regulations of the federal communications commission. In reviewing permits for qualifying eligible facilities requests, the director shall approve applications, but shall retain discretion to enforce and condition approval on compliance with generally applicable building, structural, electrical, and safety codes and with other laws (including, without limitation, this article) codifying objective standards reasonably related to health and safety. (Ord. 16-1012; amd. Ord. 24-1077, 11-6-2024)

No permit shall be granted unless the following findings can be made by the director:

A. The proposed use is allowed in the public right of way and complies with all applicable provisions of this chapter.

B. Prior to the installation of any telecommunications facility, the applicant has demonstrated that the installation will not interfere with the use of the public right of way and existing subterranean infrastructure.

C. The applicant has coordinated the final siting location of the telecommunications facility with the director.

D. All notification requirements for the proposed telecommunications facility have been met. (Ord. 16-1012)

No permit shall be granted for any wireless communications facility if the following additional findings cannot be made by the director:

A. The applicant has demonstrated, by way of a justification study, the rationale for selecting the proposed use, a detailed explanation of the coverage gap that the proposed use would serve, and how the proposed use is the least intrusive means for the applicant to provide wireless service.

B. The applicant has posted a performance bond or other security in an amount rationally related to the cost of removal.

C. The wireless communications facility will not result in levels of radio frequency emissions that exceed federal communications commission standards, including, but not limited to, FCC office of engineering technology (OET) bulletin 65, "Evaluating Compliance With FCC Guidelines For Human Exposure To Radiofrequency Electromagnetic Fields", as amended. Additionally, if the director determines the wireless communications facility, as constructed, may emit radio frequency emissions that are likely to exceed federal communications commission uncontrolled/general population standards in the FCC office of engineering technology (OET) bulletin 65, "Evaluating Compliance With FCC Guidelines For Human Exposure To Radiofrequency Electromagnetic Fields", as amended, in areas accessible by the general population, the director may require postinstallation testing to determine whether to require further mitigation of radio frequency emissions. Applications for amateur radio antennas or antennas installed for home entertainment purposes are exempt from this requirement. (Ord. 16-1012)

A. Notice Of Application Submittal:

1. Residential districts: Notice that the application has been submitted shall be mailed to the owners of property located within a radius of three hundred feet (300') as shown on the latest equalized assessment roll of the county of Los Angeles, or from other records of the assessor or county tax collector which contain more recent and accurate addresses by United States mail, postage prepaid. Notices shall contain a description of the location, a brief description of the proposal, the deadline to submit comments, the date the director is scheduled to make a decision, and information about when and how an appeal may be filed.

2. All other zoning districts: Notice that the application has been submitted shall be mailed to all property owners within one hundred feet (100') of the proposed facility (including any antenna array, radome and enclosure facility) as shown on the latest equalized assessment roll of the county of Los Angeles, or from other records of the assessor or county tax collector which contain more recent and accurate addresses by United States mail, postage prepaid. Notices shall contain a description of the location, a brief description of the proposal, the deadline to submit comments, the date the director is scheduled to make a decision, and information about when and how an appeal may be filed.

B. Comment Period: Written comments received by the director during this period shall be considered as part of the staff review.

1. Residential Districts: For proposed uses located in residential zoning districts, the comment period shall be fifteen (15) days from the date notice is provided.

2. All Other Zoning Districts: For proposed uses located in all other zoning districts, the comment period shall be ten (10) days from the date notice is provided.

C. Notice Of Installation: After the appeal period has expired, and no less than forty eight (48) hours prior to installation, written notice shall be provided to the same persons who originally received notice pursuant to subsection A, "Notice Of Application Submittal", of this section.

D. Exemption: Any WCF operated by suppliers of electric, gas, or water utilities shall be exempt from the provisions of this section. (Ord. 16-1012)

A. A permit for a telecommunications facility that provides video services for a holder of a statewide video franchise shall be granted, denied or granted conditionally by the director no later than sixty (60) days after receiving a completed application.

B. A permit for all other telecommunications facilities shall be granted, denied or granted conditionally by the director within a reasonable time after receiving a completed application, with that reasonable time maintaining compliance with all state and federal requirements.

C. If the director denies an application, the director shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. (Ord. 16-1012)

Any interested person may appeal the decision of the director pursuant to this chapter to the city council. The appeal shall be filed with the city clerk within fifteen (15) days after the decision by the director from which the appeal is being taken. (Ord. 16-1012)

A permit for telecommunications facilities within the public right of way shall comply with the following installation standards:

A. Construction: The director or his/her designee shall determine the time, place, and manner of construction for all WCFs located within the PROW consistent with Public Utilities Code.

B. Colors: WCFs shall have subdued colors and nonreflective materials which blend in with the surrounding area to the satisfaction of the director or his/her designee.

C. Compliance With ADA: All WCFs shall be built in compliance with the Americans with disabilities act (ADA), including, but not limited to, surface access in and around facilities.

D. Utility And Light Poles:

1. The maximum height of any antenna shall not exceed twenty four inches (24") above the height of an existing utility pole and no portion of the antenna or equipment mounted on a pole shall be less than sixteen feet (16') above any drivable road surface. All installations on utility poles shall fully comply with California public utilities commission general order 95.

2. The maximum height of any antenna or antenna radome shall not exceed six feet (6') above the height of an existing light pole.

3. Pole mounted equipment shall not exceed six (6) cubic feet.

4. Antennas shall be installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible. In such event, the director may hire an independent, qualified consultant to evaluate any technical aspect of the proposed replacement or modification and any proposed exceptions from these development standards at the applicant's sole cost. The applicant shall submit a deposit to pay for such independent third party review as set forth in the city's fee resolution.

E. Restoration Of Parkway: In the event the parkway and/or roadway, where approved, adjacent the applicant's telecommunications facility is disturbed or altered in the process of installation, the applicant shall restore the parkway to the condition in which it existed prior to installation.

F. Modifications Prohibited Without Approval: No modifications to aboveground or at grade telecommunications facility, including those related to size, color, and shape of the housing, may be made by the applicant without first having obtained approval from the director.

G. Placement Below Ground: Where feasible, as new technology becomes available, the applicant shall place an existing or proposed aboveground telecommunications facility below ground.

H. Proximity: In residential areas, WCFs shall not be located within one standard block width of another wireless communication facility; this does not include collocation of sites.

I. Residential Location: In residential districts where a telecommunications facility is proposed adjacent to a corner lot, the facility shall be located along the side yard and not on the primary frontage of a residence, if feasible.

J. Landscaping: To the extent feasible, the area surrounding the telecommunications facility shall be maintained with landscaping or alternate screening. The landscaping shall be irrigated and of a sufficient height and density to screen the facility from the public sidewalk and parkway.

K. Tree Protection: The applicant shall obtain the director's approval of a tree protection plan prepared by a certified arborist for the installation of any telecommunications facility located within the canopy of a street tree, or a protected tree on private property, or within a minimum of a ten foot (10') radius of the base of such a tree. Depending on site specific criteria (e.g., location of tree, size and type of tree, etc.), a radius greater than ten feet (10') may be required by the director.

L. Illumination: No telecommunications facility may be illuminated unless specifically required by the federal aviation administration or other governmental agencies.

M. Consultations: At the discretion of the director, the applicant may be required to provide an authorization to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of a proposed wireless communications facility, including, but not limited to, issues involving radio frequency emissions, alternative designs, and alternative sites. Any authorization for this purpose shall include a deposit to cover all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is deemed not to be a public record, and shall remain confidential and not to be disclosed to any third party without the express consent of the applicant, unless otherwise required by law. (Ord. 16-1012)

A. No support structures are permitted in the public right of way. New streetlights and utility poles installed for the support of wireless communication facilities and found to be required per subsection 6-4A-10D4 of this article are allowed.

B. No wireless communications facility shall be located on a pole that is less than twenty five feet (25') in height.

C. An antenna array shall not extend over seven feet (7') beyond the top of the pole, unless the applicant can demonstrate to the director that doing so is impractical or unreasonable.

D. When feasible, panel antennas shall utilize brackets that allow no more than a four inch (4") extension from the pole. Panel antennas shall not exceed the height of the pole.

E. All permits for wireless communications facilities shall be valid for no less than ten (10) years. The director may administratively extend the term of the permit for subsequent ten (10) year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in this code which are in effect at the time of permit renewal.

F. If an applicant proposes to replace a pole in order to accommodate their telecommunications facility, the pole shall match or improve the appearance of the original pole to the extent feasible and shall be approved by the director. (Ord. 16-1012)

The following standards are applicable to all telecommunications facilities subject to this chapter:

A. The applicant shall provide ongoing maintenance of its telecommunications facilities, including ensuring the facilities are reasonably free of:

• 1. General dirt and grease;
• 2. Chipped, faded, peeling, or cracked paint on all visible painted areas;
• 3. Rust and corrosion on all visible unpainted metal areas;
• 4. Cracks, dents, blemishes, and discoloration;
• 5. Graffiti, bills, stickers, advertisements, etc.; and
• 6. Broken and misshapen structural parts.

B. If an applicant discontinues use or abandons any telecommunications facilities, the applicant shall: 1) immediately notify the director; 2) remove the equipment and restore the site to the previous condition within ninety (90) days of notification to the director and in a manner approved by the director.

1. The facilities must be removed and the applicant will be liable for removing the facilities at its own cost. If an applicant fails to remove facilities that the city requires it to remove, after ninety (90) days' notice to the occupant, the city may perform the work and is entitled to collect the cost from the applicant, its successors, and/or assigns.

2. If the applicant fails to notify the director, removal of equipment and restoration of the site to its previous condition is required within forty-five (45) days from when the city informs the applicant or property owner of non-compliance to the notification requirement. The site shall be deemed a public nuisance until all removal and restoration has been completed and any unexpired permit or authorization to use, operate and/or maintain the wireless facility or the wireless transmission device may be revoked.

C. The telecommunications facilities shall be maintained such that they comply at all times with title 9, chapter 1, article I, "Regulation Of Excessive Noise", of this code.

D. All ground mounted, at grade, and aboveground telecommunications facilities shall be properly maintained in accordance with the following procedures:

1. All necessary repairs, including graffiti removal, shall be completed by the applicant within forty eight (48) hours after discovery of the need for such repairs or in receiving notification from a resident or the director.

2. The applicant shall provide routine maintenance within ten (10) working days after receiving notification from a resident or the director.

3. The applicant shall replace ground mounted, at grade, and aboveground telecommunications facilities, in kind, if routine or emergency maintenance is not sufficient to return the equipment to the condition at the time of installation.

E. Transfer Of Ownership: Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty (30) days of such transfer provide written notification to the director of the date of the transfer and the identity of the transferee.

1. The assignee must provide written acknowledgment and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter.

2. The director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and California Public Utilities Commission. (Ord. 16-1012; amd. Ord. 24-1077, 11-6-2024)

A condition of issuance of a permit is that every permittee, and person on a shared permit, agrees to defend, indemnify, and hold harmless the city of Temple City, its city council, officers, and employees to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of the applicant's facilities subject to this article. (Ord. 16-1012)

A condition of issuance of a permit is that every permittee agrees to maintain a policy of public liability insurance, naming the city as an additional insured, in an amount that meets or exceeds the minimum levels and standards of liability insurance and claims reserve, established by the director. (Ord. 16-1012)

In the event the director determines that the condition or placement of a telecommunications facility constitutes a dangerous condition or obstruction, as defined in section 6-4A-3 of this article, or that a telecommunications facility has been placed in the public right of way without a permit, the director may cause the facility to be removed summarily and without a hearing. An administrative citation shall be served upon the person who owns the facility within two (2) business days of removal in the manner set forth in title 1, chapter 4 of this code, and if the owner cannot be identified, the telecommunications facility shall be treated as abandoned property. (Ord. 16-1012)

When the director determines that it is necessary to remove a telecommunications facility for the construction or installation of public improvements, an order to comply pursuant to title 1, chapter 4 of this code may be issued for the purpose of suspending or terminating the permit. The person who holds the permit for the telecommunications facility shall be entitled, on permittee's election, to either a pro rata refund of fees or to a new permit, without additional fee, in the original location or as close to the original location as the standards set forth in this chapter allow. (Ord. 16-1012)

A permit issued under this article shall not substitute for any business license otherwise required under this code. (Ord. 16-1012)

Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 16-1012)

A. Compliance with the provisions of this article shall not relieve a person from complying with any other applicable provision of this code.

B. In the event of a conflict between any provision in this article and any regulations of this jurisdiction related to excavations, this article shall control.

C. Nothing contained in this chapter shall be deemed to supersede or modify the standards and size limitations (and exemptions thereon) for sign displays in title 9, chapter 1, article L, "Signs", of this code.

D. Nothing contained in this chapter shall be deemed to supersede or modify section 9-1T-8 of this code, which regulates wireless communications facilities located outside of the public right of way. (Ord. 16-1012)