Vallejo Municipal Code Ch. 10.18 Regulation of Telecommunication Facilities on Public Property and The…

This chapter is known as and may be cited as the "Regulation of Telecommunication Facilities on Public Property and the Public Right-of-Way Ordinance" of the city of Vallejo. The purpose of this chapter is to ensure that residents, public safety operations and businesses in the city of Vallejo have reliable access to wireless and telecommunications networks and state-of-the-art communications services and that installations, modifications, and maintenance of telecommunications facilities (TF) and wireless communications facilities (WCF) in the public right-of-way (PROW) are completed in a manner consistent with all applicable laws, are safe, avoid or mitigate visual, environmental and neighborhood impacts, and prevent installations or modifications that incommode the PROW. This chapter regulates TF and WCF installations in the PROW and on city-owned property within the city limits.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

For the purposes of this chapter, the following definitions apply:

A. Abandon. When an owner of a TF or WCF permanently and completely ceases all business activity associated therewith.

B. Administrative Approval. Approval granted by designated staff members authorized to grant approval after administrative review.

C. Administrative Review. Evaluation of an application by designated staff. The procedures for administrative review are established herein.

D. Antenna. A device used to transmit and/or receive radio or electromagnetic waves for the provision of services including, but not limited to cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to directional antennas; such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand mounted wireless access points. This definition does not apply to antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

E. Base Station. A structure other than towers that support or house an antenna, transceiver, or other associated equipment or transmission equipment that constitutes part of the WCF or TF at the time the relevant application is filed with the city, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at the time of application support or house base station components or transmission equipment. A base station encompasses the relevant equipment in any technological configuration, including DAS and small cells. For example, a utility pole or light standard that is currently secondarily serving as WCF or TF is a base station.

F. Camouflage. The means and methods by which a TF or WCF is designed to conceal the equipment and blend the installation with the surrounding environment. This is accomplished by requiring the use of one or more concealment elements.

G. Collocation. The act of siting multiple TFs or WCFs on an existing base station, pole or tower.

H. Community and Economic Development Director. The city's community and economic development director or his/her designee.

I. Concealment Elements:

1. Radio frequency transparent screening.

2. Approved, specific colors.

3. Minimizing the size of the site.

4. Integrating the installation into existing utility infrastructure.

5. Installing new poles or base stations designed to self-contain transmission equipment, and that matches existing infrastructure in the area surrounding the proposed site. The new poles or base stations are then dedicated to the city and the installation is integrated into the new structure. New poles or base stations must have a primary use for the city other than a TF or WCF.

6. Controlling the installation location.

7. Underground or vaulting cabinets and equipment below grade.

8. Utilizing low profile transmission equipment that can be mounted to the pole, base station, or tower within appurtenance guidelines established by federal, state and local standards.

J. CPUC. The California Public Utilities Commission.

K. Days. Defined as calendar days, unless otherwise specified.

L. Distributed Antenna System (DAS). A network of one or more antenna and fiber optic nodes connecting to a common base station or tower (also referred to as a "hub").

M. Eligible Facility. An existing WCF or TF placed on a tower or base station in the PROW or on city-owned property according to federal, state and local law at the time the initial application received regulatory approval.

N. Eligible Facility Request. An application for less-than substantial changes to modify an existing eligible facility that involves collocation, removal or replacement of transmission equipment.

O. EMF. Electro-magnetic frequency.

P. Existing Height. The height of the tower, base station, pole or structure as originally approved or as of the most recent modification that received regulatory approval prior to the passage of the spectrum act. Height shall be measured from natural grade to the top of all appurtenances.

Q. FCC. Federal Communications Commission, the federal regulatory body with jurisdiction over communications and WCF/TF facilities.

R. Historic or Decorative Street Light Poles. City-owned poles other than the standard city poles, as specified in the city's public works department standards and specifications, as may be amended from time to time.

S. Interference. Physically or electronically affecting the operation, views, signals or functions of city equipment or third party equipment.

T. Laws. Any and all applicable federal, state and local ordinances, resolutions, regulations, administrative orders, or other legal requirements.

U. Low Profile Equipment. Transmission equipment that can attach to the pole, tower, or base station within exceeding the appurtenance guidelines established by Law.

V. Macrocell Site. A macrocell contains an antennae housing larger than six cubic feet, with a base station and associated transmission equipment cumulatively greater than seventeen cubic feet, and must be positioned at a height that is not obstructed by terrain or buildings. They provide radio, infrared, ultra violet or light coverage over varying distances depending on the frequency used, the number of calls made and the physical terrain.

W. Modifications. Changes to an existing TF or WCF or structure that result in a less than substantial change to the structure.

X. Noticing. The process of sending, by certified mail, a city approved letter of notification describing the work to be performed. The letter must be sent to all businesses, owners and residents within a five hundred foot radius of the site.

Y. Pole. A self-standing structure placed in the PROW or on city-owned property that is utilized for street, parking lot, or public lighting, traffic signals, electricity transmission, and/or telecommunication transmission.

Z. Public Right-of-Way (PROW). Any public street, alley, or sidewalk, or adjacent area, that is owned by the city or granted by easement to the city, or otherwise operated, owned or controlled by the city.

AA. Routine Maintenance. Ensuring that a TF or WCF and structure is kept in good operating condition. Routine maintenance includes, but is not limited to: inspections, testing and modifications that do not qualify as modifications. For example, the strengthening of a structure's foundation or replacement of transmission equipment within an existing TF or WCF is routine maintenance. Replacing the existing antennas with new, larger antennas or increasing the number of antennas is not routine maintenance.

BB. Self-Contain. A pole tower, antennae, structure or other equipment specifically designed to house or contain TF or WCF equipment, receivers, meters, switches, disconnects or transmission equipment, either within the structure or designed to attach to the pole or tower using low profile equipment.

CC. Site. The TF or WCF area occupied by the pole, tower, base station, or other structure supporting the antenna, the transmission equipment and the path of the wires and cable connecting the antenna to the transmission equipment.

DD. Small Cell Site. A site with low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade WiFi. The cumulative base station equipment for a small cell sites occupy no more than seventeen cubic feet, including any pole-mounted transmission equipment, preexisting enclosures, transmission equipment on the ground associated with antennas on the structure, but exclusive of antennas and vertical cable runs for the connection of power and other services. Small cell sites occupy no more than three cubic feet per individual antenna, with a maximum of two antennas and a cumulative total for all antennas of six cubic feet. Small cell site coverage ranges from ten meters to several hundred meters.

EE. Substantial Change - Occurs when:

1. The proposed modification of an existing structure would add new transmission equipment to a pole, tower or base station that was not specifically designed to house transmission equipment in a self-contained base station, or that was not designed with concealment elements for transmission equipment.

2. The proposed modification would place transmission equipment on a new separate structure, pedestal, cabinet or other structure, above grade in the PROW or on city property.

3. The modification of the proposed TF or WCF installation within the PROW would increase the structure's existing height by more than ten percent or ten feet, whichever is greater.

4. The modification of the proposed TF or WCF installation in the PROW would protrude from the edge of the structure by more than six feet or would encroach on private property unless the applicant has written authorization from the land owner where the encroachment occurs and complies with all applicable city of Vallejo laws regarding telecommunications facilities on private property, pursuant to Chapter 16.

5. The modification of the proposed TF or WCF installation involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, or more than one new equipment shelter.

6. The modification of the proposed TF or WCF installation would entail any excavation or deployment outside the current site.

7. The modification would defeat the existing concealment elements of the TF or WCF installation.

8. The modification does not comply with conditions associated with the prior approval of the TF or WCF unless the non-compliance is due to an increase in existing height, width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.

9. The modification would impinge the traffic sight lines or otherwise create a traffic safety hazard, as determined at the sole discretion of the city.

10. The proposed modification at a site outside of the PROW increases the height by more than twenty feet or ten percent, whichever is greater.

11. The proposed modification at a site outside of the PROW protrudes from the edge of the tower more than twenty feet, or more than the width of the tower or base station at the level of the appurtenance, whichever is greater.

FF. Telecommunications Facility (TF). Any facility established for the purpose of providing transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A TF may consist of one or more antennas, transmission equipment, towers, base stations, poles, and other associated equipment, technology or structures necessary for operations.

GG. Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities and/or transmission equipment.

HH. Transmission Equipment. Any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, and other relevant equipment associated with and necessary for operations, including coaxial or fiber-optic cable, and regular and backup power supply, and equipment used in any technological configuration associated with any FCC-authorized wireless transmission, licensed or unlicensed, terrestrial or satellite, including commercial mobile, private mobile, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul or fixed broadband, and any associated or accessory equipment and structures, including equipment buildings, cabinets, storage sheds, shelters, vaults, or other structures.

II. Wireless Local Area Network (Wi-Fi). A wireless networking technology that allows computers and other devices to communicate over a wireless signal mainly using the 2.4 gigahertz (12 cm) UHF and 5 gigahertz (6 cm) SHF ISM radio bands. It describes network components that are based on one of the 802.1 1 standards developed by the Institute of Electrical and Electronics Engineers. Wireless local area networks also include other frequencies in the electromagnetic spectrum, including infrared, ultra violet, or light.

JJ. Wireless Communications Facility (WCF). Any facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A WCF can consist of one or more antennas, transmission equipment, towers, base stations, poles, and other associated equipment, technology or structures necessary for operations.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

The applicant shall submit an application for an encroachment permit and a building permit, and, if applicable, an excavation permit, pursuant to Chapter 10.04 and 10.08, on a city approved form to the public works department. The application must include all required attachments. If the site for proposed placement of a TF or WCF is on city-owned real property, or placement on city assets or on city-owned infrastructure, including city-owned poles, base stations, and/or towers, a master license agreement with the city is required for an application to be fully complete pursuant to Chapter 10.18.050. The community and economic development director has the discretion to require applications be submitted by appointment only and to set the frequency and number of appointments that will be granted each day.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Upon receipt of an application by the city, the applicable deadline, also known as a "shot clock" as required by federal statute and FCC regulation, and/or state statute, applies to city review. Within thirty days of application submission, if the application is deemed incomplete, the city will send the applicant a written communication requiring a response and the shot clock will be tolled and the application review paused to the full extent allowed by federal and state law until a response and information requested is received from the applicant. No refunds will be provided for applications once submitted.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Application fees shall be governed by the city's fee schedule as amended from time to time, or other resolution as adopted by the city council. All fees must be paid in full before any permits shall be issued from the city. Review fees must be paid at the time that the application is submitted. These fees are for permit processing and issuance only and are in addition to any other applicable fee or any separate payments required for rent or lease of space on city-owned property or city infrastructure. If applicant proposes to place a TF or WCF on city assets, city-owned real property, or on city infrastructure, the applicant must first execute a master license agreement with the city, with specified terms including but not limited to term, rental rate, assignments, insurance indemnification, etc., before any application is deemed complete. Rental amounts for placement of a small cell on a city-owned pole or base station shall be not less than $100 per month, adjusted on July 1 of each year based on the annual average percentage increase in the U.S. Department of Labor Consumer Price Index for the San Francisco-Oakland-San Jose Area. Rental amounts for placement of all other TF or WCF, exclusive of small cells, on city assets, city-owned real property, or on city infrastructure, shall be not less than fair market value as determined by the community and economic development director in his or her discretion, unless supplanted by state or federal law, and adjusted on July 1 of each year based on the annual average percentage increase in the U.S. Department of Labor Consumer Price Index for the San Francisco-Oakland-San Jose Area.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Installation of any form of TF or WCF at any location in the PROW or on city property where there is not currently a TF or WCF requires noticing and is subject to administrative review by the community and economic development director.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. Eligible facility requests that replace existing equipment with the like kind, number and size of the existing equipment and do not increase the EMF output of the TF or WCF shall be approved through administrative review at the public works counter as an over-the-counter permit and are considered to be routine maintenance. A project plan that summarizes the proposed modifications, work, location and traffic control plan must be submitted for approval. Applicants must have a certified inspector conduct a post-installation inspection and submit the inspector's approval to city. An encroachment permit and associated fee may be required, pursuant to Chapter 10.04 and 10.08 of the Vallejo Municipal Code.

B. Proposed modifications to an existing TF or WCF that would result in a substantial change to the existing site are subject to administrative and applicable environmental review, including public hearings, if required by local, state and federal laws.

C. The city shall require that modifications to existing facilities bring the site into compliance with all current Laws, to the full extent permitted by state and federal law.

D. Proof of the applicable contractor's licenses and insurance, as required by laws, shall be required before the permit will be issued. An encroachment permit and excavation permit may still be required depending on the scope and type of work required, pursuant to Chapter 10.04 and 10.08 of the Vallejo Municipal Code.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Where discretionary approval is required, the community and economic development director shall review the application, pertinent documentation and public comments. Provided all of the following findings of fact are made, the community and economic development director shall have published a formal letter of determination. The community and economic development director may impose additional conditions on the permit relating to time, place and manner. The following items are prerequisites of an approval.

A. The proposed facility complies with all of the applicable Laws.

B. The proposed facility does not incommode the PROW as allowed to the full extent of state and federal law.

C. The proposed facility is in compliance with all federal EMF emissions standards.

D. The proposed facility does not result in a net new TF or WCF pole, tower or detached transmission equipment above grade within the PROW or on city property.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Any person may appeal the community and economic development director's decision to the city council within fourteen calendar days after the determination has been served on the applicant. In the event that a decision is appealed, community and economic development department staff will notify applicant of rights and procedures for appeal, including any applicable forms and costs, post the appealed matter to the council agenda, and provide the council with copies of all application materials and comments from the public and may be required to brief the council. The time and date of the appeal hearing before city council will be served on the public by the applicant in the same manner as the initial Noticing. As Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, appeals to the community and economic development director's decision premised on the environmental effects of radio frequency emissions will not be considered.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Permits are issued for a period designated on the appropriate permit application form. To extend the permit period, the carrier shall provide proof that it continues to have the legal authority to occupy and use the PROW for the purpose set forth in its permit, that its site as it exists at the time of the renewal is in full compliance with the applicable city permits issued for the site, and shall pay the fees for renewal. Additionally, the carrier must provide an affidavit confirming that the site is still in compliance with state and federal law, including FCC regulations. Failure to submit such an affidavit or proof of legal authority to occupy or use the PROW shall be grounds for non-renewal of the permit. The burden is on the permittee to demonstrate that the site complies with the requirements herein. Permits are subject to the provisions of Chapter 10.16 of the Vallejo Municipal Code.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

The owner of the TF or WCF must perform an inspection of the TF or WCF at least once every two years, or when otherwise requested by the city, and submit a report to the city on the condition of the system to include any safety concerns identified and corrective action taken. Additionally, as city crews perform maintenance on city infrastructure they may identify safety concerns. These will be reported to the owner of the TF or WCF. The city shall give the applicant thirty calendar days to correct the identified safety concerns after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit. The burden is on the permittee to demonstrate that it complies with the requirements herein.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Any permit providing access to the PROW granted under this chapter may be revoked or modified in accordance with the provisions of this section.

A. Revocation proceedings may be initiated by the Community and Economic Development Director.

B. Required Findings. The community and economic development director may revoke or modify the permit if it makes any of the following findings:

1. The permittee obtained the approval by means of fraud or misrepresentation of a material fact;

2. The permittee substantially expanded or altered the use or structure beyond what is set forth in the permit or substantially changed the installations character;

3. The use in question has ceased to exist or has been suspended for six months or more;

4. Failure to comply with any condition of a permit issued;

5. Failure to comply with this chapter;

6. A substantive change of law affecting a utility's authority to occupy or use the PROW;

7. A facility's Interference with a city project;

8. A facility's interference with vehicular or pedestrian use of the PROW;

9. Failure to make a safe and timely restoration of the PROW;

10. When circumstances make revocation in the best interest of the city.

C. Notice of Action. A written determination of revocation shall be mailed to the TF or WCF owner within 10 calendar days of such determination.

D. A permittee whose permit has been revoked may have the revocation reviewed, upon written appeal as follows:

1. Within fourteen calendar days of notice of revocation, a written appeal shall be filed with the community and economic development director. The appeal must contain a statement of any reasons why the permittee believes that the revocation should be reviewed.

2. The community and economic development director shall review the revocation and render a decision within twenty-one calendar days of receiving a written appeal.

3. If the community and economic development director denies the appeal, the permittee may file a written notice of appeal with the city council, pursuant to Chapter 10.18.090.

4. Nothing in this chapter shall preclude or limit any aggrieved party from seeking judicial review after it has exhausted the administrative remedies provided herein, pursuant to California Code of Civil Procedure § 1094.5 and 1094.6.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. The TF or WCF installation shall not damage or interfere in any way with city property, the city's operations or the operations of prior-existing, third party installations. The city will reasonably cooperate with the applicant and/or carrier to carry out such activities as are necessary to correct the interference.

1. Signal Interference. The applicant shall correct any such interference within twenty-four hours of written noticing of the interference. Upon the expiration of the twenty-four-hour cure period and until the cause of the Interference is eliminated, the applicant shall cease operation of any TF or WCF causing such interference until such Interference is cured.

2. Physical Interference. The city shall give the applicant thirty calendar days to correct the interference after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit.

B. The city at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the operation of the TF or WCF. The city will in all cases, other than emergencies, give the applicant thirty calendar days written notification of such planned, non-emergency actions.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. No net new TF or WCF poles or towers shall be allowed in the PROW or on city property.

B. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

C. Engineering calculations sealed by a registered professional engineer licensed in California shall be provided to ensure that the existing pole and footing are adequate to support the new loads. When it is determined that the existing infrastructure is not adequate to support the new loads, the applicant may propose to replace the existing pole with an adequate, city approved, new base station at the applicant's expense, and dedicate that base station to the city upon installation for a primary purpose other than a TF or WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

D. No antenna owner or operator shall install an antenna or any related facility on a joint-use pole unless such installation is designed and constructed to comply with the current edition of CPUC General Order 95.

E. Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city by the applicant regardless of the outcome of the application.

F. Signage will be maintained in legible condition and the carrier will be required to replace any faded signage within thirty calendar days of receiving written notification from the city that it is in need of replacing.

G. All wireless communications facilities, including on-site generators, must be compliant with the city's noise ordinance, pursuant to Chapter 7.84, and all other applicable Laws.

H. All cabling and wiring must be contained in conduit, integrated within the pole in infrastructure designed to self-contain any transmission equipment. No exposed slack or extra cable will be allowed.

I. If the existing pole was not designed to self-contain equipment or house low profile transmission equipment, applicant must purchase a new base station approved by the community and economic development director, and install the new base station according to standards and specifications established by the city, replacing the existing pole, and dedicate that base station to the city for a primary purpose other than a TF or WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

J. No historic or decorative street lights poles are eligible for TF or WCF installations.

K. No electrical meters or disconnects may be detached and installed above grade from the pole, base station or tower in the PROW or on city property. The applicant should negotiate directly with the electric utility to determine the rate. The applicant is responsible for the cost of all electrical usage. Applicant must provide city evidence of a separate written agreement with the electric utility permitting use, charged directly to the applicant separate from the city's flat rate, before any master license agreement is executed and/or any permit issued.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. Site Selection.

1. No net new TF or WCF poles or towers shall be allowed in the PROW or on city property.

2. No net new Transmission Equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

3. Locations shall be on existing infrastructure. The infrastructure selected shall be located at alleys and near property line prolongations. If the facility is not able to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not feasible.

4. If existing infrastructure sites have been exhausted, the city may require that the applicant provide a new base station approved by the community and economic development director on which the TF or WCF can be installed. In such cases, the new base station shall be dedicated to the city and will have a primary purpose other than as a TF or WCF and the TF or WCF will be the secondary use. Applicant is responsible for all costs associated with purchase and installation of new base station.

B. Existing Infrastructure Requirements.

1. Street light.

a. The installation shall not increase the total height by more than ten percent or ten feet, whichever is greater, over other street lights in the area.

b. The antenna must be mounted using concealment elements as approved by the community and economic development director.

c. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

d. Wires and cables must run in conduit inside the pole. Underground entry into the pole through the foundation is required.

e. All cabling and wiring must be contained in conduit, integrated within the pole in infrastructure designed to self-contain any transmission equipment. No exposed slack or extra cable, will be allowed.

f. If existing pole was not designed to self-contain equipment or house low profile transmission equipment, applicant must purchase a new base station approved by the community and economic development director, and install the new base station according to standards and specifications established by the city, replacing the existing pole, and dedicate that base station to the city for a primary purpose other than a TF or WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

2. Utility Pole.

a. Antenna installations will be top of pole mount, unless prohibited by California Public Utility Commission rules, in which case a replacement pole must be installed to comply with this requirement and the commission rules.

b. The antenna must be mounted using concealment elements as approved by the community and economic development director.

c. Transmission equipment, other than antennas, must be in an underground vault or integrated within the pole, or low profile equipment mounted on the pole. Vault vents must be flush to the ground.

d. All cabling and wiring must be contained in conduit, and when possible, integrated within the pole in infrastructure designed to self-contain any transmission equipment. No exposed slack or extra cable will be allowed.

e. If the existing utility pole already has more than two existing risers/drops, the pole must be replaced with a metal pole that allows the new cable and wires to be inside the pole, in conduit. The existing drops will also be relocated inside the new pole and underground entry into the pole through the foundation is required. When the installation will result in two or fewer risers/drops on the pole, the wires and cable may be installed as a riser/drop in conduit painted an approved color or in commercially available black or dark brown conduit, as directed by the city.

3. Traffic Signal Pole.

a. Antenna installations will be top of pole mount and shall not increase the height by more than ten percent or ten feet, whichever is greater, over other traffic signals in the immediate vicinity.

b. Installations on poles with mast arms shall not be allowed when other suitable poles are available in the area.

c. All electrical wiring and components for the TF or WCF will be contained inside the pole and physically separated from the traffic signal wiring. No pull boxes shall be shared.

d. The pole must have a handhole for maintenance of the traffic signal wiring. The handhole must be located so as to provide safe and practical access to city maintenance staff.

e. The antenna must be mounted using concealment elements as approved by the community and economic development director.

f. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

g. All cabling and wiring must be contained in conduit, integrated within the pole in infrastructure designed to self-contain any Transmission equipment. No exposed slack or extra cable will be allowed.

h. If the existing pole was not designed to self-contain equipment or house low profile transmission equipment, Applicant must purchase a new base station approved by the community and economic development director, and install the new base station according to standards and specifications established by the city, replacing the existing pole, and dedicate that base station to the city for a primary purpose other than a WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. Site Selection.

1. No net new TF or WCF poles or towers are permitted in the PROW or on city property.

2. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

3. Locations shall be on existing infrastructure. The infrastructure selected should be located at alleys and near property line prolongations. If the facility is not able to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not feasible.

4. If existing infrastructure sites have been exhausted, the city requires that the applicant dedicate a new base station approved by the community and economic development director, such as a street light, on which the TF or WCF can be installed. In such cases, the new base station shall be dedicated to the city and will have a primary purpose other than as a TF or WCF and the TF or WCF will be a secondary use. Applicant is responsible for all costs associated with purchase and installation of new base station.

B. Existing Infrastructure requirements.

1. Street light.

a. The antenna shall be the smallest possible volume but in no case greater than three cubic feet. The antenna must be mounted using concealment elements as approved by the community and economic development director. Antenna installations will be top of pole mount and shall not increase the height by more than ten percent or ten feet, whichever is greater, over other street lights in the immediate vicinity.

b. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

c. Transmission equipment, other than antennas, shall be mounted as prescribed by the community and economic development director in the manner described.

i. Low profile equipment shall be mounted directly to the pole a minimum of eight feet above the existing grade and be coated or painted with an approved color to match the existing pole.

ii. Low profile equipment shall be mounted to the pole and shall be no wider than thirteen inches at the point it is mounted nor protrude from the surface of the pole by more than nine inches.

d. The applicant may propose or the city may require that the existing light standard be replaced, at the applicant's expense, with a city-approved base station that is manufactured with a base shroud designed to accept wireless equipment and integrated RF screen to accept a wireless antenna. The base station shall be dedicated to the city for a primary purpose other than a TF or WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

C. Utility Pole.

1. The antenna shall be the smallest possible volume but in no case greater than three cubic feet and shall be mounted at the top of the pole or on the side of the pole with a bracket. When mounted with a bracket the bracket may extend no more than eighteen inches from the surface of the pole or the minimum safety buffer required by the California Public Utilities Commission, and will be coated or painted an approved color to match the existing pole. The antenna must be mounted using concealment elements as approved by the community and economic development director.

2. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

3. Transmission equipment, other than antennas, shall be mounted as prescribed by the community and economic development director in the manner described.

a. Low profile equipment shall be mounted directly to the pole a minimum of eight feet above the existing grade and be coated or painted with an approved color to match the existing pole.

b. Low profile equipment shall be mounted directly to the pole and will be no wider than thirteen inches at the point it is mounted nor protrude from the surface of the pole by more than nine inches, or the minimum safety buffer required by the California Public Utilities Commission.

c. All cabling and wiring must be contained in conduit, encased directly to the face of the pole in infrastructure designed to self-contain any transmission equipment. No exposed slack or extra cable will be allowed.

d. New sites may not be located on a utility pole if the existing utility pole already has more than two existing risers/drops, unless the applicant has obtained permission from the pole owner to replace the pole with a pole that allows the new cable and wires to be inside the pole, in conduit. When the installation will result in two or fewer risers/drops on the pole, the wires and cable may be installed as a riser/drop in conduit painted an approved color or in commercially available black or dark brown conduit, as directed by the city.

D. Traffic Signal Pole.

1. The antenna shall be the smallest possible volume but in no case greater than three cubic feet. The antenna must be mounted using concealment elements as approved by the community and economic development director. Antenna installations will be top of pole mount and shall not increase the height by more than ten percent or ten feet, whichever is greater, over other street lights in the immediate vicinity.

2. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

3. Installations on poles with mast arms shall not be allowed when other suitable poles are available in the area.

4. All electrical wiring and components for the TF or WCF will be contained inside the pole and physically separated from the traffic signal wiring. No pull boxes shall be shared.

5. The pole must have a handhole for maintenance of the traffic signal wiring. The handhole must be located so as to provide safe and practical access to city maintenance staff.

6. Transmission equipment, other than antennas, shall be mounted as prescribed by the community and economic development director in the manner described.

a. Low profile equipment shall be mounted directly to the pole a minimum of eight feet above the existing grade and be coated or painted with an approved color to match the existing pole.

b. Low profile equipment mounted and will be no wider than thirteen inches at the point it is mounted nor protrude from the surface of the pole by more than nine inches.

c. All cabling and wiring must be contained in conduit, encased within the pole in infrastructure designed to self-contain any transmission equipment. No exposed slack or extra cable will be allowed.

d. If the existing pole was not designed to self-contain any and all transmission equipment, Applicant must purchase a new base station approved by the community and economic development director, and install the new base station according to standards and specifications established by the city, replacing the existing pole, and dedicate that base station to the city for a primary purpose other than a TF or WCF. Applicant is responsible for all costs associated with purchase and installation of new base station.

(Ord. No. 1769 N.C.(2d), § 1, 8-22-2017; Ord. No. 1794 N.C.(2d), § 1, 5-22-2018; Ord. No. 1806 N.C.(2d), § 1, 10-10-2018)

A. Equipment mounted on aerial fiber optic strands shall be the smallest possible volume.

B. The equipment shall only be allowed on aerial fiber located in alleys or utility easements.

C. The applicant shall provide authorization for the installation from the owner of the adjacent poles on each side of the equipment, which may include an existing franchise providing access to the applicant.

D. Only one installation shall be allowed between any two poles.

E. No installation shall be within ten feet of a door or window nor placed in front of any window located at a similar height to the Wi-Fi unit.

F. New installations of equipment mounted on aerial fiber optic strands within the PROW that meet the requirements stated in subsections A—E are exempt from building and excavation permits, and only require an encroachment permit prior to installation.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Applications for DAS WCF shall be submitted as a single application and will have a single master license agreement if placed on city assets, city infrastructure, city poles, or on city property. Applicant must apply for an applicable permits for each location within the system, pursuant to Chapter 10.04 and 10.08. Permitting fees will be applied to each site. Each location must comply with the installation design guidelines for the type of site as defined by Chapter 10.18.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. A Carrier-on-wheels (COW) may not be placed in the PROW or city owned property without an encroachment permit pursuant to Chapter 10.16.

B. The setup location requested for the COW will be reviewed and at the discretion of the Community and Economic Development Director or designee may be modified to ensure public health and safety.

C. The duration of a permit for a COW will be no longer than is necessary to establish the network and provide the temporary coverage required by the event or emergency.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

A. No net new TF or WCF poles or towers are permitted on city-owned property.

B. No net new transmission equipment shall be installed above grade on a pedestal, cabinet, or other structure that is detached from the pole or tower in the PROW or on city property. All transmission equipment shall be mounted on the approved pole using low profile equipment, or installed below grade in a vault. Vault vents must be flush to the ground.

C. No free standing antenna shall extend beyond the height limit of the District.

D. Roof-mounted antennas located or screened so as to minimize pedestrian level view from public streets or from any neighboring residential uses.

E. The display of any sign or any other graphic on an antenna, structure or screening is prohibited, except for public safety warnings. Warning graphics must be placed no higher than eight feet above the base of the antenna, structure or screening and face away from the street.

F. An antenna installation shall provide Concealment Elements at the discretion of the Community and Economic Development Director.

G. Engineering calculations sealed by a registered professional engineer licensed in California shall be provided to ensure that the existing structure is adequate to support the new loads.

H. All cautionary signage will be maintained in legible condition and the carrier will be required to replace any faded signage within thirty days of receiving written notification from the city that it is in need of replacing.

I. All TF or WCF, including on-site generators, shall be designed to be compliant with the city's noise ordinance, pursuant to Chapter 7.84, and all other applicable Laws.

J. All cabling and wiring must be contained in conduit. No exposed slack or extra cable will be allowed.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Due to rapidly changing technology and regulatory requirements, the city council authorizes the community and economic development director to publish a Telecommunications Application Policy and Guidelines to serve as further regulatory guidance and clarification. The policy and guidelines may be updated at the discretion of the community and economic development director to adjust for new technologies and regulations consistent with Chapter 10.18.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

Whenever a wireless provider abandons a TF or WCF, the provider must notify the city engineer in writing of its planned abandonment. A TF or WCF shall be removed within ninety calendar days of abandonment and pursuant to all required permits. Any TF or WCF not in use for a period of six months shall be considered abandoned and shall be removed pursuant to this chapter, at the full cost of the applicant/provider. City shall have first right of refusal to take title to any abandoned facility.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

If a TF or WCF is placed on a utility pole or other structure that is located within a future underground utility district, adopted by resolution of the city council, the TF or WCF, including any fiber optic cable, must be removed and relocated at the owner's expense, except those structures exempted under Chapter 12.24.060(a)6. Replacement of the TF or WCF is subject to Chapter 10.18.

(Ord. No. 1769 N.C. (2d), § 1, 8-22-2017)

TITLE 10 FOOTNOTES

1. For statutory provisions regarding constructions of sidewalks, see Str. §§ 5870—5895.54; for provisions regarding the repair of sidewalks, see Str. & H. Code § 5600 et seq.; for provisions authorizing cities to require removal of encroachments, see Gov. Code § 38775.

2. For statutory provisions authorizing cities to regulate and prohibit encroachments and obstructions to streets, see Gov. Code § 38775.

3. For statutory provisions regarding the authority and duties of local officials with respect to planting, care and removal of tress, see Str. & H. Code § 2200 et seq.