Chapter 8 — Wireless Telecommunication Facilities-Public Right-of-Way ("WTF-PROW…

12800 - Purpose.

The purpose and intent of this Chapter are to:

(a)

Provide a uniform and comprehensive set of standards for the development, siting, installation, and operation of wireless telecommunications facilities within the limited space of the available public right-of-way in the unincorporated areas of Ventura County, consistent with the Telecommunications Act of 1996 (Pub.L. No. 104-104 (1966) 110 Stat. 56) and federal law governing the development of wireless telecommunications facilities.

(b)

Encourage open competition and the provision of advanced and high-quality telecommunications services on the widest possible basis to the businesses, institutions, and residents of the County of Ventura.

(c)

Encourage economic development; preserve aesthetic and other community values; and prevent proliferation of above-ground wireless telecommunications equipment by encouraging collocation of wireless telecommunications facilities.

(d)

Ensure all wireless telecommunications facilities are developed in a way that minimizes potential adverse effects upon the public welfare and visual impacts upon the community through careful design, siting, landscaping, screening, and camouflage techniques so that they may be aesthetically and architecturally compatible with the existing natural or developed setting.

(e)

Protect and promote the public health, safety, convenience, and general welfare of the residents of the unincorporated areas of the County; and protect historical resources, property values, and the aesthetic appearance of the County.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12801 - Construction of this Chapter.

All provisions of this Division apply to the placement, construction, reconstruction, or repair of any wireless telecommunications facility within the right-of-way and any permit or application for a permit for same, except as otherwise provided by this Division. In the event of any conflict between any provision of this Division and a provision of this Chapter, the provision of this Chapter prevails.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12802 - Definitions.

The following definitions govern construction of this Chapter unless the particular provision or the context clearly requires otherwise. Words used in the present tense include the future tense, and words used in the singular include the plural, unless the particular provision or the context clearly requires otherwise.

(a)

Antenna. One (1) or more rods, poles, panels, discs, dishes, or similar devices used to transmit, receive, or transmit and receive radio frequency signals or electromagnetic signals, including but not limited to an omni-directional antenna (whip), directional antenna (panel), and parabolic antenna (dish), but excluding any pole or antenna mount.

(b)

Antenna mount. A structure attached to a pole, to which an antenna is attached.

(c)

Collocate, collocation. To install a wireless telecommunications facility as a small cell, cluster, or single installation.

(d)

Facility. Any property in the right-of-way used to provide service by any utility.

(e)

Installation type. The nature of the installation:

(1)

Small cell. Installation of a wireless telecommunications facility with a maximum total volume of eight and one-fifth (8.2) cubic feet and one (1) pole-mounted antenna measuring no more than four (4) feet in height on an existing pole, whether as a single or cluster installation.

(2)

Cluster. Installation of a wireless telecommunications facility on an existing pole, on which one (1) or more wireless telecommunications facilities already exists.

(3)

Single. Installation of a wireless telecommunications facility on an existing pole, on which no wireless telecommunications facility yet exists.

(4)

New. Installation of a wireless telecommunications facility on a new pole installed by the permittee. A pole installed to replace a pre- existing pole in the same location is not a new installation, unless the replacement pole is of a larger diameter or taller than, the pole it replaces. The new pole may not be a lattice tower.

(f)

Residential area. The location of an installation, where one (1) or more properties either wholly or partially within the notification zone is zoned for residential use.

(g)

Substantial increase in size. A proposed installation of a wireless telecommunications facility with any of the following characteristics:

(1)

The proposed installation would increase the height of the existing pole by more than ten (10) percent, or by the height of one (1) additional antenna array;

(2)

The proposed installation includes three (3) or more new antennas or will raise the total number of antennas to seven (7) or more;

(3)

The proposed installation includes any antenna that is more than six (6) inches longer than the longest antenna at that location;

(4)

The mounting of the proposed antenna would require the installation of an equipment vault, would require more than one (1) new equipment cabinet, or would raise the total number of equipment cabinets to five (5) or more; or

(5)

The mounting of the proposed antenna would involve excavation outside the right-of-way and any access or utility easements currently related to the site.

(h)

Wireless telecommunications facility. An unstaffed facility that transmits, receives, or transmits and receives radio or electromagnetic communication signals for one (1) or more of the following: cellular phones, personal communication services (PCS), pagers, wireless internet (Wi-Fi), wireless systems, wireless utility meter systems, specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), or similar services that currently exist or that may be developed in the future. The facility may include one (1) or more antennas, repeaters, radio transmitters, cables, accessory equipment items, equipment enclosures, air vents, poles, antenna mounts, air-conditioning units, fans, fire-suppression systems, emergency back-up generators or other back-up power sources, parking area, and other accessory development. This definition does not include Amateur Radio Stations as defined by the Federal Communications Commission in Part 97 of the Commission's Rules, TV transmission facilities, or radio transmission facilities.

(i)

Wireless telecommunications facility boundary. A series of points, each of which lies ten (10) feet from the edge of excavation or from the edge of the existing facility if there is no excavation, within the road right-of-way, measured at a right angle to the edge of excavation or to the edge of the existing facility. No part of the boundary may lie less than five (5) feet from the edge of pavement, measured at a right angle to the centerline of the roadway.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12803 - Exemptions.

The following uses are not subject to the provisions of this Chapter except as provided in this Section:

(a)

Temporary emergency use. Any applicant seeking installation of a wireless telecommunications facility needed during an emergency must apply to the Director for a temporary emergency-use permit no later than the business day following the installation. The Director has the authority to approve a temporary emergency-use permit without regard for the other provisions of this Chapter. A wireless telecommunications facility installed for temporary emergency use must be removed immediately after the conclusion of the emergency. The Director may remove, at the permittee's expense, any such facility that has not been removed immediately after the conclusion of the emergency.

(b)

Wireless telecommunications facilities located entirely on private property whose power supply extends into the public right-of-way. Such facilities may be subject to regulation by one (1) or more other County agencies, including but not limited to the Planning Division of the Resource Management Agency.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12804 - Permittee requirements.

The Director will issue permits in a manner consistent with applicable laws regarding the physical use and occupation of the public right-of-way. Applications will be considered only from applicants who have met all the conditions and requirements of this Chapter and who possess and provide valid and current evidence of one (1) of the following grants of authority to occupy the public right-of- way:

(a)

A certificate of public convenience and necessity issued by the California Public Utilities Commission;

(b)

A state video-service franchise issued by the California Public Utilities Commission pursuant to Public Utilities Code section 5885;

(c)

A license to provide personal wireless service issued by the Federal Communications Commission;

(d)

A telephone corporation encroachment permit agreement form signed by the applicant; or

(e)

A valid utility franchise issued by the County.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12805 - Permit standards.

The Director must use the following standards to evaluate each application for a permit:

(a)

Interference with right-of-way. No part of a wireless telecommunications facility may alter vehicular circulation or parking within the right-of-way or impede vehicular or pedestrian access or visibility along the right-of-way. No permittee may locate or maintain a wireless telecommunications facility in a manner that causes unreasonable interference. The permittee must move any facility, upon request of the Director, at the permittee's cost, if the Director finds the facility to interfere with the right-of-way as described in this subdivision.

(b)

Location. All wireless telecommunications facilities must be designed and located to eliminate or substantially reduce their visual and aesthetic impacts on the surrounding right-of-way and public vantage points. To accomplish this goal, all wireless telecommunications facilities must be located and designed as follows:

(1)

Facility.

(A)

All wireless telecommunications facilities must be located and installed as follows, in descending order of preference:

As a small cell installation.

As a cluster installation, in a manner that does not result in a substantial increase in size;

As a single installation, in a manner that does not result in a substantial increase in size;

As a cluster or single installation, in a manner that results in a substantial increase in size;

As a new installation, without removing existing trees or reducing the size of any landscaping, and without modifying any existing County-maintained infrastructure within the right-of-way;

As a new installation, within the parkway and requiring only minor alterations to existing landscaping or County-maintained infrastructure within the right-of-way.

(B)

No wireless telecommunications facility pole, antenna, equipment, or related infrastructure may be located in a center median unless there are existing streetlight poles or traffic signal standards in the median.

(C)

In a residential area, no wireless telecommunications facility may be located within the right-of-way within a three-hundred-foot radius of any other wireless telecommunications facility within the right-of-way, except in the case of a cluster installation that does not result in a substantial increase in size. In no case may more than four (4) antennas be clustered on a single pole in a residential area.

(D)

No wireless telecommunications facility may be located in the right-of-way where there presently are no overhead utility facilities, streetlight poles, or traffic signal standards unless the California Public Utilities Commission has authorized the applicant to install such facilities and the applicant has demonstrated that no other viable option exists.

(E)

In areas where there are no existing overhead facilities except for streetlight poles or traffic-signal standards, the wireless telecommunications facility must match the existing streetlight poles or traffic-signal standards or be installed on an existing streetlight pole or traffic signal standard.

(2)

Equipment. All equipment accessory structures must be located as close to the right-of-way boundary as possible and must meet the minimum set-back of ten (10) feet from the edge of the pavement where feasible. No above-ground equipment may be placed within five (5) feet of the edge of pavement. New equipment may be placed adjacent to existing equipment, when placed in conjunction with installation on an existing pole or replacement of an existing pole at the same location. All equipment must be located as follows, in descending order of preference:

(A)

Mounted on the subject pole;

(B)

In an existing ground-mounted (grade-level) equipment cabinet, with no expansion or additional cabinets to be added;

(C)

Within a below-grade equipment vault;

(D)

Within a new equipment enclosure mounted at grade. Any applicant proposing to mount equipment in a new grade-level enclosure must provide a written explanation describing why the above alternatives are not feasible.

(c)

Height.

(1)

No antenna on an existing County traffic signal standard may exceed the height of the traffic signal standard by more than five (5) feet, unless the Director finds that a greater height would promote the aesthetic or safety concerns of the County.

(2)

No new installation may exceed by more than five (5) feet the average height of existing utility poles in the vicinity of the new pole, unless the applicant demonstrates that an otherwise applicable law or regulation requires a greater height, in which case the installation may not exceed the minimum height achievable by application of that law or regulation. In case of uncertainty, the Director has the authority to determine the average height of existing utility poles in the vicinity.

(3)

Maximum height of the facility is that imposed by the Ventura County General Plan or applicable Area Plan.

(4)

All equipment located above any sidewalk or pedestrian or bicycle path must have a minimum vertical clearance of eight (8) feet for public safety reasons.

(d)

Design.

(1)

Any new installation must be disguised to resemble a utility pole or streetlight to the maximum extent possible. All antennas, where feasible, must be screened behind a cylindrical screening device. All antennas and screening devices must be painted or finished to match the pole.

(2)

Panel antennas must be mounted to the pole or to an antenna mount so that they extend no more than six (6) inches horizontally from the pole or from the antenna mount, if used, and no antenna mount may extend more than five (5) feet horizontally from the pole, except where greater extension is required to comply with health and safety regulations.

(3)

Antenna installations on traffic-signal standards must be placed in a manner so that the size, appearance, and function of signal will not be considerably altered.

(4)

All screening elements, including, but not limited to, streetlights, decorative elements, signs, or clocks must be well maintained and kept in good working condition. Any screening element that appears to perform a function, including, but not limited to, lights and clocks, must actually perform the apparent function.

(5)

Equipment located above the surface grade in the right-of-way, including, but not limited to, that on streetlight or traffic-signal standards, must consist of small equipment components that are compatible in structure, scale, function, and proportion to the

streetlights and traffic signals on which they are mounted. Equipment must be painted or otherwise finished to be visually compatible with lighting and signal equipment. Reflective markers must be placed on all above-ground equipment. Underground vaults must be rated for vehicular loading and employ flush-to-grade access portals.

(6)

Installations on County-owned or -controlled streetlights or other public facilities will be subject to all applicable administrative and rental fees as defined in the fee schedule.

(7)

Antennas clustered with an existing wireless telecommunications facility must use similar screening methods and camouflage design techniques and be mounted in the same manner as the approved or existing wireless telecommunications facility.

(8)

For any single or new installation, the applicant must prepare an analysis that identifies reasonable alternative locations and potential cluster installations in the right-of-way (if any exist). The County may obtain, from a Professional Engineer registered in the State of California, an independent verification of any radio frequency analysis required by this Section at the applicant's expense.

(9)

Facilities must be designed to be as visually unobtrusive as possible. All antennas, mast arms, equipment, and other facilities must be sized to minimize visual clutter. Facilities must be sited to avoid or minimize obstruction of views from public vantage points and otherwise minimize the negative aesthetic impacts to the right-of-way. Whenever possible, all equipment must have non-reflective and neutral-colored surfaces.

(10)

Wireless telecommunications facilities may not be artificially lighted, except as required for security purposes, in which case, motion- sensor lighting must be used.

(11)

Any pole over forty (40) feet in height must allow for collocation by other future or concurrent applicants for the installation of wireless telecommunications facilities. The applicant must demonstrate that the design of the pole and antenna support and the placement of ground mounted wireless telecommunications facilities will accommodate one (1) or more other wireless telecommunications facilities. The owner of the pole and antenna support must certify that the antenna support is available for use by another future or concurrent applicant for the installation of wireless telecommunications facilities on a commercially reasonable and nondiscriminatory basis.

(e)

Other requirements.

(1)

Evidence of infeasibility. For any installation, if compliance with this Section is not feasible or would effectively prohibit the applicant from providing services, then permittee must provide a radio frequency service analysis and other evidence as requested by the Director sufficient to support a finding that compliance with this Section is not feasible or would effectively prohibit the applicant from providing services and demonstrating the need for any proposed alternative.

(2)

Street trees. The County may require that the applicant plant and maintain trees within the right-of-way, adjacent to the wireless telecommunications facility, if the applicant's equipment occupies space at street level. All trees planted in the right-of-way must be selected from the list provided by the Director for recommended species and must be installed and maintained by an independent landscape contractor, to the satisfaction of the Director.

(3)

Permittee must install and maintain all wireless telecommunications facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, County noise ordinances, other applicable codes, and all other restrictions specified in this

Chapter.

(f)

Signs.

(1)

There may be no advertising or signage on any portion of a wireless telecommunications facility, except that required by this Chapter or other law, or as otherwise may be required by the County.

(2)

Each wireless telecommunications facility site must be identified by a permanent plaque or marker, installed in a manner that can be reasonably viewed and understood by a person standing at that location, that is no larger than four (4) inches by six (6) inches and that clearly states the mailing address, e-mail address, and 24-hour local or toll-free telephone number for reaching a live contact person, for both the permittee and the agent responsible for the maintenance of the wireless telecommunications facility. Emergency contact information must be included for immediate response. Such information must be updated in the event of a change in the permittee, the agent responsible for maintenance of the wireless telecommunications facility, or both.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12806 - Performance standards.

All wireless telecommunications facilities in the public right-of-way will be subject to the following performance standards:

(a)

Lighting. Wireless telecommunications facilities may not be lighted or marked unless required by the Federal Communications Commission, the Federal Aviation Administration, the California Public Utilities Commission, or other applicable federal or state law.

(b)

Licensing. The applicant or operator must file, receive, and maintain all necessary licenses and registrations from the Federal Communications Commission, the California Public Utilities Commission, and any other applicable regulatory body before beginning operation of the wireless telecommunications facility. The applicant must supply the Director with evidence of these licenses and registrations before approval of a final inspection. If any required license is ever revoked, the operator must inform the Director of the revocation within ten (10) days of receiving notice of such revocation. Revocation of a required license is grounds for revocation of the permit, as described in Section 12816.

(c)

Other permits required. The applicant must obtain all permits required by other County agencies or ordinances, if any, including, but not limited to, a building permit and an electrical permit, and must build in accordance with the approved plans.

(d)

Services and installations. All services and installations required for the wireless telecommunications facility must be identified in the primary permit application package and permitted concurrently. All utilities must be installed in a joint trench unless otherwise approved by the Director.

(e)

Maintenance. Wireless telecommunications facilities must be maintained by the permittee in a manner that implements all of the applicable requirements of this Chapter.

(f)

Graffiti. All equipment cabinets visible to the public must be treated with a graffiti resistant coating. All graffiti on any component of the wireless telecommunications facility must be removed promptly in accordance with County regulations. The operator must remove any graffiti on any facility in the public right-of-way within forty-eight (48) hours of receiving notification of the graffiti's existence.

(g)

Supervision of Director. All work and entry upon, over, under, or along the public right-of-way performed in connection with the installation, maintenance, or removal of a wireless telecommunications facility must be conducted under the supervision of the Director; must be performed in a good and skillful manner; must comply with all applicable County rules, regulations, and standards; and must not permanently adversely alter the right-of-way.

(h)

Noise. All construction and operation activities must comply with the noise regulations of Division 6, Chapter 2, Article 11 (beginning with section 6299-1) of the Ventura County Ordinance Code.

(i)

Use of backup power sources. The use of a diesel generator or other backup power source must comply with Division 6, Chapter 2, Article 11 (beginning with section 6299-1) of the Ventura County Ordinance Code. The use of a backup power source must be limited to actual power-outage events and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.

(j)

Structural capacity. For any proposed installation on an existing pole, the applicant must provide evidence that the pole has adequate structural capacity to carry the additional loading from the proposed installation.

(k)

Radiofrequency report. Upon request of the Director, within forty-five (45) days of commencement of operations, the applicant for the wireless communications facility must provide (at the applicant's expense) the Director with a report, prepared by a qualified expert, certifying that the actual Radiofrequency radiation (RFR) and Electromagnetic field (EMF) emissions of the operating facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, fall within the applicable Federal Communications Commission standards for safe human exposure to such forms of non-ionizing electromagnetic radiation when operating at full strength and capacity. This report must include emissions from all facilities, if any, located on the same pole. The applicant must subsequently provide such report to the Director, upon request of the Director, within forty-five (45) days following any change in design, number of antennas, operation, or other significant change in circumstances, or when such a report is otherwise required by the Federal Communications Commission, to the satisfaction of the Director, who may consult an outside consultant at the permittee's expense.

(l)

Interference. No wireless telecommunications facility may interfere with any emergency communication system at any time.

(m)

Compliance with regulations. Each wireless telecommunications facility must comply with all local, state, and federal regulatory requirements.

(n)

Landscaping. The permittee must maintain, in good and healthy condition, at all times, all landscaping attendant to the wireless telecommunications facility, including landscaping of the public right-of-way. Any dead or dying landscaping must be promptly replaced or rehabilitated.

(o)

Repair of public right-of-way. The permittee must repair, at its sole cost and expense, any damage (including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to County streets, sidewalks, walks, curbs, gutters, trees, parkways, utility lines and systems, underground utility lines and systems, or sewer lines and systems, that results from any activity performed in connection with the permittee's installation, operation, or maintenance of a wireless telecommunications facility. In the event the permittee fails to complete said repair within the number of days stated on a written notice from the Director, the Director may cause said repair to be completed and invoice the permittee for all costs incurred by the County as a result of such repair. The permittee must promptly pay any costs so invoiced.

(p)

Replacement of equipment. During the term of a permit, a permittee may not replace equipment that is part of a permitted wireless telecommunications facility unless all of the following conditions are met:

(1)

The replacement equipment would be of a similar size and appearance as the previously permitted equipment;

(2)

The permittee must apply for a miscellaneous construction or use permit from the Director before replacing or adding any equipment;

(3)

The Director has notified the permittee in writing that the Director has determined that the proposed replacement equipment complies with the requirements of this Chapter; and

(4)

The permittee has obtained all required permits.

(q)

Indemnification. Every permittee must defend, indemnify, and hold harmless the County of Ventura and its Board of Supervisors, officers, and employees, to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for property damage, personal injury, or death sustained by any person as a result of the installation, use, or maintenance of the permittee's facility that is subject to this Chapter.

(r)

Insurance. The permittee must obtain, pay for, and maintain, in full force and effect throughout the term of the permit, an insurance policy or policies that fully protects the County from claims and suits for personal injury, death, and property damage. The insurance must be issued in the amount or amounts as County Risk Management determines. The insurance must afford coverage for the permittee or wireless provider's use, operation, activity, vehicles, equipment, facility, representatives, agents, and employees, as determined by Risk Management.

(s)

Modification, removal, or relocation. The permittee must modify, remove, or relocate its wireless telecommunications facility, or portion thereof, without cost or expense to the County, if and when made necessary by any abandonment, relinquishment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other County underground or above-ground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by County or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility must be completed within ninety (90) days of notification by the County unless exigencies dictate a shorter period for removal or relocation. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, the County may cause the same to be done at the sole expense of the permittee. Further, in the event of an emergency, the County may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.

(t)

The Director may develop and from time-to-time modify an application form embodying the minimum requirements specified above.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12807 - Application requirements.

All applications for wireless telecommunications facilities to be located wholly or partly within the public right-of-way must be submitted to the Director and be accompanied by the items listed under the applicable category below.

(a)

Basic review. For any small cell installation and for any collocation in a non-residential area that will not result in a substantial increase in size, all of the following:

(1)

A traffic control plan that complies with the California Manual on Uniform Traffic Control Devices, as necessary for installation of the wireless telecommunications facility.

(2)

Certificates of insurance and endorsements with the County as an additional certificate holder, evidencing the required coverage as stated in Section 12806.

(3)

Evidence of all necessary licenses and registrations from the Federal Communications Commission, the California Public Utilities Commission, and any other applicable regulatory body. If any such license or registration is not available at the time of application, it must be provided before approval of the final inspection.

(4)

Evidence of all necessary building and other permits required for the installation. If any such permit is not available at the time of application, it must be provided before approval of the final inspection.

(5)

If required by Section 12805, an analysis that identifies reasonable alternative locations and potential cluster installations in the right- of-way.

(b)

Intermediate review. For any collocation in a residential area that will not result in a substantial increase in size, except a small cell installation, all of the items required under subdivision (a) and all of the following:

(1)

An accurate visual impact analysis showing the maximum silhouette, view shed analysis, color and finish palette, and proposed screening for the wireless telecommunications facility. This analysis must include a detailed photograph of the exact location of all proposed wireless telecommunications facility antennas, equipment, and related infrastructure within the public right-of-way. The analysis must also include photo simulations and other information as necessary to determine visual impact of the wireless telecommunications facility. A map depicting where the photos were taken must also be included. The analysis must include a written description of efforts to blend the wireless telecommunications facility with the surrounding area.

(2)

Additional photographs must also be provided to document the existing setting of the wireless telecommunications facility within one hundred fifty (150) feet to the north, south, east, and west of the proposed facility with a corresponding location map key documenting where each photograph was taken.

(3)

A report prepared by a qualified, independent engineer, certifying that the RFR and EMF emissions of the proposed wireless telecommunications facility will not exceed the applicable Federal Communications Commission standards for safe human exposure to such forms of non-ionizing electromagnetic radiation when operating at full strength and capacity. This report must include emissions from all existing and proposed facilities at the same site.

(c)

Full review. For any new installation or any collocation that will result in a substantial increase in size, all of the items required under subdivisions (a) and (b) and all of the following:

(1)

A scaled site plan depicting an area within a three hundred (300) foot radius from the center of the proposed wireless telecommunications facility and showing the proposed wireless telecommunications facility antennas, equipment, related infrastructure, all existing utilities, the right-of-way boundary, wireless telecommunications facility boundary, road improvements, all ingress and egress to nearby streets, major vegetation, required grading, existing and proposed elevations, easements, and other significant features of the site.

(2)

A fully dimensioned and scaled plan that illustrates the following information within one hundred fifty (150) feet of the proposed wireless telecommunications facility:

(A)

The distances between all new and existing wireless telecommunications equipment and all other infrastructure within the public right- of-way such as, but not limited to, other existing telecommunications equipment, utility poles, light poles, fire hydrants, bus stops, traffic signals, and above- and below-ground utility equipment vaults;

(B)

The location and distance from the wireless telecommunications facility of adjoining property lines and easement boundaries abutting the public right-of-way, curbs, driveway approaches, easements, walls, existing utility substructures, and parkway trees;

(C)

The immediate adjacent land uses and building locations;

(D)

The location of all existing sidewalks and parkway landscape planters;

(E)

All conduit locations between the wireless telecommunications facility antennas and the infrastructure necessary to operate the antennas.

(3)

A report prepared by a qualified, independent engineer, certifying that the RFR and EMF emissions of the proposed wireless telecommunications facility will not exceed the applicable Federal Communications Commission standards for safe human exposure to such forms of non-ionizing electromagnetic radiation when operating at full strength and capacity. This report must include emissions from all existing and proposed facilities at the same site.

(4)

For any proposed installation requiring evidence of infeasibility under the location standards of Section 12805(e)(1), the evidence of infeasibility required by that subdivision.

(d)

For any installation type, any additional information deemed necessary by the Director to evaluate the proposed wireless telecommunications facility and the effect of its construction on the existing infrastructure and design of the public right-of-way.

(e)

The following table summarizes the requirements for each of the categories in subdivisions (a) through (d) above. In the event of any conflict between the language in subdivisions (a) through (d) and the following table, subdivisions (a) through (d) control.

                Traffic   Scaled   Fully           Visual   RFR     Certificate   Licenses/registration/   Building/other   Authorization   Alternative  Evidence     Additional
             control   site     dimensioned  impact   &       of            certification from       permits         to              locations    of           information
            plan     plan     plan           analysis  EMF    insurance  FCC & CPUC                              hire expert     analysis      infeasibility  as needed
                                                           report                                                                          as needed

New ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Installation

(Full Review)

Small Cell ■ ■ ■ ■ ■ ■ ■ Installation (Basic Review)

Collocation ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■  With substantial increase in size (Full Review)

 Without substantial increase in size

   ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Residential area (Intermediate Review)

  Non- ■ ■ ■ ■ ■ ■ ■ residential area (Basic Review)

(Ord. No. 4540, §§ I, II, 3-19-2019)

12808 - Permit term, renewal, and expiration.

(a)

Unless otherwise required by Government Code section 65964(b), and as that section may be later amended, a permit issued under this Chapter will be valid for ten (10) years from its date of issuance.

(b)

Before the expiration of the time period set forth in the permit, the permittee may apply for an extension of the permit for a term of ten (10) years. Any such extension will be subject to review of the Director considering the following factors: (1) conformance with all conditions of approval of the permit as it was originally issued; (2) operation of the facility in its intended manner; and (3) conformance with all applicable laws, regulations, and standards, including those relating to radio frequency emissions and toxic or hazardous materials. The permittee must apply for any extension of the permit no later than ninety (90) calendar days before the permit's date of expiration and must pay applicable fees on or before the permit's date of expiration.

(c)

All permit applications, whether for a new permit or any extension, including extensions of permits for wireless telecommunications facilities constructed before the effective date of this Chapter, must comply with all application requirements set forth in this Chapter.

(d)

Extension of any permit issued before the effective date of this Chapter will be approved only if the subject site is in full compliance with the provisions of this Chapter.

(e)

If the permit for an existing wireless telecommunications facility has expired, applications for cluster installations at that site, as well as after-the-fact extensions of permits for the existing wireless telecommunications facilities, will be subject to all standards and procedures for installation of wireless telecommunications facilities in the public right-of-way, as set forth in this Chapter.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12809 - Community notification.

(a)

Pre-approval notification. For any new installation, any collocation in a residential area, or any collocation that will result in a substantial increase in size, except a small cell installation or any installation in the coastal zone, the applicant must notify the community as follows:

(1)

After an application for a permit has been submitted and determined to be complete, and within fourteen (14) calendar days after being notified that a location is preliminarily approved, the applicant, at the applicant's sole cost and expense, must provide a written notification to all of the following:

(A)

The owners of all properties either wholly or partially within the notification zone, as identified in the last equalized County assessment roll;

(B)

The municipal advisory council and all neighborhood or homeowners' associations for properties either wholly or partially within the notification zone, as identified in the data maintained in the Geographic Information System of the Resource Management Agency;

(C)

Any party that has requested notice of applications for the installation of such facilities; and

(D)

Any additional person or party the County specifies, based upon the specific location and character of the proposed wireless telecommunications facility.

(2)

No wireless telecommunications facility encroachment permit may be issued until after the applicant has observed a thirty (30) calendar-day notification period. This period begins when the applicant has sent the last of the written notifications required by this Section.

(3)

The written notification required by this subdivision must include all of the following:

(A)

A brief description of the proposed wireless telecommunications facility;

(B)

A map indicating the proposed installation site;

(C)

Information describing the wireless telecommunications facility encroachment permit review process;

(D)

The name and telephone number of a person who, on behalf of the applicant, will be available during business hours to respond to questions from the public; and

(E)

A notice that, during the notification period, interested persons may contact the Department to review documents related to the proposed location of the facility and express any comments or concerns related to the application.

(4)

On the same date as the applicant sends the first of the written notifications required by this subdivision, the applicant must post, at the site where the wireless telecommunications facility is proposed for installation, a notification that complies with all of the following conditions:

(A)

The notification must measure at least three (3) feet in height and four (4) feet in width and be manufactured of a durable, weather- proof material;

(B)

The notification must include all of the following, with all lettering consisting of type no smaller than forty-eight (48) points, printed in a durable, weather-proof manner:

A brief description of the proposed wireless telecommunications facility;

A map indicating the proposed installation site;

Information describing the wireless telecommunications facility encroachment permit review process;

The name and telephone number of a person who, on behalf of the applicant, will be available during business hours to respond to questions from the public; and

A notice that, during the notification period, interested persons may contact the Department to review documents related to the proposed location of the facility and express any comments or concerns related to the application.

(C)

The applicant must remove the posted notification at the completion of the notification period.

(5)

At the completion of the notification period and before the wireless telecommunications facility encroachment permit may be issued, the applicant must submit to the Director a summary of all comments received and the full text of all comments received.

(b)

Pre-construction notification. For all installation types, the applicant must notify the community as follows:

(1)

After issuance of the wireless telecommunications facility encroachment permit and no later than two (2) weeks before installation, the applicant, at the applicant's sole cost and expense, must provide written notification to all of the following:

(A)

The owners of all properties either wholly or partially within the notification zone;

(B)

The municipal advisory council and all neighborhood or homeowners' associations for properties either wholly or partially within the notification zone;

(C)

Any party that has requested notice of applications for the installation of such facilities; and

(D)

Any additional person or party the County specifies, based upon the specific location and character of the proposed wireless telecommunications facility.

(2)

The written notification required by this subdivision must include all of the following:

(A)

A brief description of the proposed wireless telecommunications facility;

(B)

A map indicating the proposed installation site;

(C)

The name and telephone number of a person who, on behalf of the applicant, will be available during business hours to respond to questions from the public; and

(D)

The dates on which the installation is expected to begin and end.

(3)

On the same date as the applicant sends the first of the written notifications required by this subdivision, the applicant must post, at the site where the wireless telecommunications facility is to be installed, a notification that complies with all of the following conditions:

(A)

The notification must measure at least three (3) feet in height and four (4) feet in width and be manufactured of a durable, weather- proof material;

(B)

The notification must include all of the following, with all lettering consisting of type no smaller than forty-eight (48) points, printed in a durable, weather-proof manner:

A brief description of the proposed wireless telecommunications facility;

A map indicating the proposed installation site;

The name and telephone number of a person who, on behalf of the applicant, will be available during business hours to respond to questions from the public; and

The dates on which the installation is expected to begin and end.

(C)

The applicant must remove the posted notification when installation of the wireless telecommunications facility is completed.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12810 - Expert review.

For any new installation, any collocation in a residential area except a small cell installation, or any collocation in a non-residential area that will result in a substantial increase in the size of the pole, the applicant must provide the County with written authorization for the County to hire an independent, qualified consultant to evaluate technical and other aspects of the application. This authorization must include a written agreement by the applicant to advance or promptly reimburse the County for all reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of the technical aspects of the proposed wireless telecommunications facility and may address any or all of the requirements of this Chapter. All costs associated with the expert review process must be paid by the applicant.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12811 - Findings for approval of the permit.

Before issuing any encroachment permit under this Chapter, the Director must make all of the following findings:

(a)

All notification requirements have been met;

(b)

The proposed use is permitted in the public right-of-way and complies with all applicable provisions of this Chapter;

(c)

The proposed wireless telecommunications facility will not interfere with the use of the public right-of-way or existing improvements or utilities thereon;

(d)

The proposed wireless telecommunications facility will not physically or visually interfere with any or all vehicular, bicycle, or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, or walkways;

(e)

The proposed wireless telecommunications facility and its site will comply with the Americans with Disabilities Act; and

(f)

If the proposed wireless telecommunications facility will not be installed in compliance with Section 12805, that installation in compliance with Section 12805 is not feasible or would effectively prohibit the applicant from providing services.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12812 - Decision of the Director.

(a)

If the application is approved, the Director will notify the applicant of the approval and issue the permit immediately after all fees are paid.

(1)

For any small cell installation and for any collocation in a non-residential area that will not result in a substantial increase in size, the Director must issue a permit when all requirements in this Chapter have been met, including, but not limited to, all of the findings required by Section 12811.

(2)

For all other installation types, the Director may hold a public hearing, at the applicant's cost and expense, for the purpose of receiving public comments relevant to the findings required by Section 12811 related to such facility.

(b)

If the application is denied, the Director must issue a written denial to the applicant containing an explanation of reasons for such denial, citing to substantial evidence contained in the written administrative record.

(c)

The decision of the Director will become final fifteen (15) days following the date of the decision unless an appeal to the Commissioner is filed.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12813 - Appeal of decision.

(a)

A decision by the Director to grant or deny an application for a wireless telecommunications facility encroachment permit may be appealed by the applicant or the owner of any property within the notification zone only if the decision is not in compliance with this Chapter.

(b)

An appeal of the Director's decision must be filed with the Commissioner within ten (10) days from the date of the Director's decision.

(c)

The appeal must be in the form of a written notice signed by the appealing party, must state clearly and in detail how the Director's decision does not comply with this Chapter, and must be accompanied by the following, as applicable:

(1)

In the case of an appeal filed by the applicant, a copy of the application for a permit as filed with the Director and a written description of any other items submitted in support of the application.

(2)

In the case of an appeal filed by the owner of property within the notification zone, evidence showing that the appellant owns property within the notification zone.

(d)

The Commissioner must review the notice of appeal for sufficiency, as follows.

(1)

If the notice of appeal complies with this Section, the Commissioner must, within fifteen (15) days after the notice is filed, set a date for a hearing and notify the appellant, the applicant, and the Director of that date.

(2)

If the notice of appeal fails to comply with this Section, the Commissioner must summarily deny the appeal without hearing. The Commissioner's decision to summarily deny an appeal must be in writing, must explain the reasons for the decision, and must cite to substantial evidence contained in the written administrative record. The Commissioner must notify the appellant, the applicant, and the Director of the denial within fifteen (15) days after the notice of appeal is filed. The Commissioner's decision to summarily deny an appeal is final.

(e)

At the hearing, the appealing party must establish to the satisfaction of the Commissioner that the decision of the Director is not in compliance with this Chapter. The Director may present the grounds for the decision being appealed.

(f)

The Commissioner must issue his or her decision on the appeal within fifteen (15) days after the hearing. The decision must be in writing, must explain the reasons for the decision, and must cite to substantial evidence contained in the written administrative record.

(g)

The decision of the Commissioner is final and may not be appealed.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12814 - Permit completion.

At the end of construction, use of the wireless telecommunications facility may not commence unless and until the Director has approved the as-built work as being compliant with all laws, ordinances, regulations, and conditions of the wireless telecommunications facility encroachment permit.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12815 - Nonconforming facilities.

Any wireless telecommunications facility that is lawfully constructed, erected, or approved before November 9, 2013, in compliance with all applicable laws, and which facility does not conform to the requirements of this Chapter will be accepted and allowed as a legal nonconforming facility for a ten-year period beginning on the original effective date of this Chapter. Legal nonconforming facilities must comply at all times with the laws, ordinances, and regulations in effect at the time the application was determined to be complete, and any applicable federal and state laws as they may be amended or enacted and must at all times comply with any conditions of approval. At the end of the ten-year period or prior to improving the facility, if earlier, the permittee must apply for a permit to bring the facility to existing standards.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12816 - Violations and revocation.

(a)

The Director may, subject first to ninety (90) days' written notice and an opportunity to cure, revoke, modify, or suspend any permit on any one (1) or more of the following grounds:

(1)

The permit was obtained by fraud or misrepresentation;

(2)

The permit is being, or within the recent past has been, exercised contrary to the terms or conditions of the permit's approval or in violation of any statute, ordinance, law or regulation;

(3)

The permittee has suffered the revocation of a license required for operation of a wireless telecommunications facility, as described in Section 12806; or

(4)

The use permitted by the permit is being, or within the recent past has been, exercised so as to be detrimental to the public health, welfare, or safety, or so as to constitute a public nuisance.

(b)

In the event of revocation and, if requested in writing by the Director, the permittee must remove its wireless telecommunications facility at its own expense and restore all property to the condition that existed prior to the installation of the wireless telecommunications facility, as required by Section 12817, or as otherwise required by the Director.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12817 - Abandonment or discontinuation of use.

(a)

Any permittee or operator who intends to or does abandon or discontinue use of a wireless telecommunications facility for any reason must do all of the following:

(1)

Except where discontinuance is due to the Director's termination of a permit as described in Section 12816, on or before the sixtieth (60th) day before the final day of use, notify the Director in writing, specifying the date of the intended abandonment or discontinuance and the applicable encroachment permit number; and

(2)

Within one hundred eighty (180) days of the abandonment or discontinuance, at the permittee's sole expense, remove any wireless telecommunications facility and all its associated equipment in compliance with all applicable health and safety requirements and restore the site to the condition that existed before installation of the wireless telecommunications facility, or as otherwise required by the Director.

(b)

At any time after one hundred eighty (180) days following the abandonment or discontinuation, without further notice to the permittee, the Director may remove and store the wireless telecommunications facility, repair any damage to the premises caused by such removal, and restore the premises as the Director deems appropriate. The permittee, and all prior owners and operators of the wireless telecommunications facility, will be jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and must remit payment to the County promptly after demand for payment is made. The County may, instead of storing the removed wireless telecommunications facility, convert it to the County's use, sell it, or dispose of it in any manner deemed appropriate by the County.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12818 - Safety and monitoring standards.

(a)

At all times, the permittee must ensure that its wireless telecommunications facilities comply with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration. The permittee must obtain and maintain the most current information from the Federal Communications Commission regarding allowable radio frequency emissions and all other applicable regulations and standards.

(b)

The permittee must file with the Director a written compliance report that complies with the following:

(1)

The report must contain a statement whether the permittee is or is not in compliance with the above regulations and standards;

(2)

The report must advise the Director of any regulatory changes that require modifications to the wireless telecommunications facilities and of the measures taken by the permittee to comply with such regulatory changes; and

(3)

The report must be filed:

(A)

Before the commencement of the installation of the wireless telecommunications facility;

(B)

Upon any significant increase in the effective radiated power.

(C)

At any time upon request of the Director, in the Director's sole discretion.

(c)

The compliance reports will be subject to review and approval by the County. At the Director's sole discretion, a qualified independent registered engineer, selected by the County, may be retained to review said reports for compliance with Federal Communications Commission regulations. All costs associated with the County's review of these reports will be the responsibility of the permittee, which must promptly reimburse the County for the cost of the review upon demand.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12819 - Notification of change of ownership or operator.

The permittee may not assign or transfer any right or interest in its wireless telecommunications facility encroachment permit without the prior written consent of the Director. Any such assignment or transfer, without prior written consent of the Director, will invalidate the permit and extinguish all rights or interests granted or created by the permit.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12820 - Prospectivity and applicability.

The Board of Supervisors intends that the requirements of this Chapter be prospective and apply only to permits or extensions issued on or after the original effective date of this Chapter, as follows:

(a)

New permits. This Chapter applies to any permit issued on or after November 9, 2013, regardless of when application was first made. Any pending application for an encroachment permit pursuant to this Division for the placement or installation of a wireless telecommunications facility, that is not issued before November 9, 2013, is subject to the requirements of this Chapter.

(b)

Extensions. This Chapter applies to any permit extension issued on or after November 9, 2013, regardless of when the initial permit was issued and regardless of when the application for an extension was made. No permit issued under any other provision of this Division will be renewed or extended upon its expiration unless the subject wireless telecommunications facility meets all requirements of this Chapter. Any pending application for a renewal or extension of an encroachment permit pursuant to this Division for the placement or installation of a wireless telecommunications facility, that is not final on November 9, 2013, is subject to the requirements of this Chapter.

(c)

Notwithstanding the other subdivisions of this Section, any legal nonconforming facility governed by Section 12815 may continue in operation for the period described in Section 12815.

(Ord. No. 4540, §§ I, II, 3-19-2019)