Sec. 153.601 - Purpose.

(A)

The purpose of this section is to reasonably regulate, to the extent permitted under California and federal law, the installations, operations, collocations, modifications, replacements and removals of various wireless communications facilities ("WCFs") in the Town recognizing the benefits of wireless

communications while reasonably respecting other important Town needs, including the protection of public health, safety, and welfare, aesthetics and local values.

(B)

The overarching intent of this section is to make wireless communications reasonably available while preserving the essential rural character of the Town. This will be realized by minimizing the visual and physical effects of WCFs through appropriate design, siting, screening techniques and location standards.

(C)

It is not the purpose or intent of this section to:

(1)

Prohibit or to have the effect of prohibiting wireless communications services; or

(2)

Unreasonably discriminate among providers of functionally equivalent wireless communications services; or

(3)

Regulate the placement, construction or modification of WCFs on the basis of the environmental effects of RF emissions where it is demonstrated that the WCF does or will comply with the applicable FCC regulations; or

(4)

Prohibit or effectively prohibit collocations or modifications that the Town must approve under state or federal law.

(D)

The provisions in this section shall apply to all permit applications to install, operate or change, including, without limitation, to collocate, modify, replace or remove, any new or existing wireless tower or base station within the Town. This section does not apply to WCFs owned by or exclusively operated for government agencies, amateur radio stations, satellite dish or other television antennas or other OTARD antennas, or towers as defined and governed by Chapter 153, except to the extent that such towers may be used to support WCFs.

(E)

Nothing in this section is intended to allow the Town to preempt any state or federal law or regulation applicable to a WCF.

(F)

The provisions of this section are in addition to, and do not replace, any obligations a WCF permit holder may have under any franchises, licenses, or other permits issued by the Town.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.602 - Definitions and acronyms.

For the purposes of this section, certain terms shall have meanings as follows:

ANTENNA. A device used to transmit and/or receive radio or electromagnetic waves such as but not limited to panel antennas, reflecting discs, panels, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations.

ANTENNA ARRAY. Two or more antennas having elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which are elements deemed to be part of the antenna.

APPLICANT. The owner(s) or the owner's agent of property upon which wireless communications facilities are proposed to be located. In instances where wireless communication facilities are proposed to be located on public right-of-way, the applicant is the carrier or entity which will operate the facility or the newly added components of the Facility upon its completion.

BASE STATION. The transmission equipment and non-tower support structure at a fixed location that enable FCC-licensed or authorized wireless communications between user equipment and a communications network. A "non-tower support structure" means any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.

CAMOUFLAGED or CONCEALED WCF. A wireless communications facility that (i) is integrated as an architectural feature of an existing structure such as (but not limited to) a cupola, or (ii) is integrated in an outdoor fixture such as (but not limited to) a flagpole; or (iii) uses a design and paint which mimics and is

con-sistent with nearby natural, or architectural features, or is incorporated into or replaces existing permitted facilities (including but not limited to stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent due to its design and/or color.

CARRIER. A wireless communications service provider licensed by the FCC and/or by the California Public Utilities Commission.

CODE. The Woodside Municipal Code.

COLLOCATION. The placement or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting or receiving radio frequency signals for communications purposes.

CPUC. The California Public Utilities Commission.

DISTRIBUTED ANTENNA SYSTEM or DAS. A network of one or more antennas and related fiber optic nodes typically mounted to streetlight poles, or utility poles, which provide access and signal transfer for wireless service providers. A DAS also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.

FCC. The Federal Communications Commission.

OTARD ANTENNAS. Antennas covered by the "over-the-air reception devices" rule in 47 C.F.R., sections 1.4000 et seq., as may be amended or replaced from time to time.

OUTDOOR FIXTURE. Any wall (Excluding any retaining wall 18 inches or less in height), utility box, fence, gate, column, pillar, post, flag pole, light post or similar lighting fixture (excluding any standard mail box), either freestanding or incorporated into a fence or wall.

PLANNING DIRECTOR. The Director of the Planning Department of the Town of Woodside, California, or the designee of the Director.

PUBLIC PROPERTY. Property owned or under the control of the Town and specifically excludes the Town's rights-of-way. By way of example and not limitation, public property includes structures and outdoor fixtures owned by the Town, including those structures and fixtures in rights-of-way.

PUBLIC WORKS DIRECTOR. The Director of Public Works of the Town of Woodside, California, or his or her designee.

RF or RF EMISSIONS. Radio frequency emissions.

RIGHT(S)-OF-WAY. The public streets and rights-of-way.

SECTION 6409(A). Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. section 1455(a), as may be amended or interpreted in judicial or administrative decisions.

SECTION 6409(A) MODIFICATION. A collocation or modification of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the

existing wireless tower or base station. For the purposes of a Section 6409(a) Modification, the term "substantial change" means:

(1)

For wireless towers outside the public right-of-way:

(a)

The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array more than 20 feet (whichever is greater);

(b)

The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

(c)

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

(2)

For wireless towers within the public right-of-way and for all base stations:

(a)

The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater);

(b)

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

(c)

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

(3)

For all proposed collocations and modifications:

(a)

The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four equipment cabinets;

(b)

The proposed collocation or modification would defeat the concealment elements of the support structure; or

(c)

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section.

(d)

The proposed collocation or modification involves excavation outside of the existing leased or licensed area upon which the existing WCF sits, and/or excavation outside of the existing pad upon which ground mounted equipment is affixed. The thresholds and conditions for a "substantial change" described in this section are disjunctive—the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual wireless tower or base station. The cumulative limit is measured from the physical dimensions of the original structure for base stations and all sites in the public rights-of-way, and from the smallest physical dimensions that existed on or after February 22, 2012, for wireless towers on private property.

SMALL CELL. A WCF which meets each of the following conditions:

(1)

The support structure or wireless tower on which the facility's antennas are mounted is:

(a)

Fifty feet or less in height;

(b)

No more than ten percent taller than adjacent structures; or

(c)

In the case of collocation, not extended to a height or more than ten percent above its height prior to the collocation; and

(2)

Each antenna is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility is cumulatively no more than 28 cubic feet in volume.

STRUCTURE. Anything constructed or erected that requires location on the ground or attached to something having location on the ground, but not including outdoor fixtures or hardscape. Examples of a

structure include, but are not necessarily limited to, any dwelling, building, accessory dwelling unit, garage, carport, tool house, green house, pool house, satellite dish antenna, solar collector panel, tree house or other play structure, swimming pool, tennis court, play court, and deck. For purposes of this section, the definition of "structure" does not include utility poles or any other pole or structure otherwise defined within this Section 153.602.

SUPPORT EQUIPMENT. The physical, electrical and/or electronic equipment included within a wireless communications facility used to house, power, and/or process signals from or to the antenna or antennas but specifically excluding the base station.

SUPPORT STRUCTURE(S). A structure, outdoor fixture, tower, or utility pole capable of safely supporting a WCF, but does not necessarily include a wireless tower or base station.

TOLLING AGREEMENT. An agreement between the Town and an applicant proposing a new or modified WCF, which postpones the deadline to make a final determination on the permit application(s).

TOWN. The Town of Woodside, California.

TOWN COUNCIL. The Town Council of the Town of Woodside, California.

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 to their operation, including coaxial or fiber-optic cable and associated conduit housing, and regular and backup power supply.

UTILITY BOX. Any transformer, switch box, telephone, cable television box, service panel, meter or similar device, either ground-mounted or mounted to a support structure.

UTILITY POLE. A steel or wood pole or structure located in the rights-of-way and dedicated to use by one or more utility providers.

WHIP ANTENNA. An omni-directional antenna.

WIRELESS. Any FCC licensed or authorized communication service transmitted over frequencies in the electromagnetic spectrum.

WIRELESS COMMUNICATIONS FACILITY or WCF. A facility used to "provide personal wireless services" as defined at 47 U.S.C. section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services; or any other FCC licensed or authorized service. A WCF does not include a facility entirely enclosed within a permitted building outside of the rights-of-way where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the code. A WCF consists of an antenna or antennas, including, but not limited to, directional, omni-directional and parabolic antennas, base station, support equipment, and (if applicable) a wireless tower. It does not include the support structure to which the WCF or its components is attached. The term does not include mobile transmitting devices used by wireless service subscribers, such as

vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this section.

WCF PERMIT. A Planning Department issued permit for a Wireless Communications Facility.

WIRELESS TOWER. Any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. This does not include structures that were installed to replace or collocate upon existing power poles, light poles, energy transmission towers, or buildings. A support structure, which is modified or replaced to allow for the installation of transmission equipment, retains its prior use as its primary use, and the wireless use is only a secondary use thereof, even if the transmission equipment is the only attachment to the support structure.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-596, § 2(Exh. A, § I), effective 10-26-18; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.603 - Permitted use.

Subject to compliance with this section and other applicable provisions of this Code and other law, WCFs are a permitted use in all zoning districts, as defined in Section 153.101 of this Code.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.604 - Permit required; permitting fees.

(A)

A WCF may not be installed, collocated or modified without a WCF permit, except as provided herein. Complete removal of a WCF does not require a permit under this section, but removal must be performed in strict compliance with this section and shall be subject to permit requirements from any applicable Building Code.

(B)

A WCF permit shall not be issued:

(1)

Unless the applicant shows that it has the necessary permission to place the WCF as proposed on private property or public property that it proposes to occupy (including the authority to make modifications to any support structure or wireless tower associated with the installation or modification); and

(2)

In the case of a WCF proposed to be located in whole or in part in the rights-of-way unless the applicant holds a franchise, license or similar authorization from the Town or the state that entitles it to occupy the rights-of-way to install or modify a WCF.

(C)

A WCF permit shall not be effective and shall not authorize installation, collocation or modification of any WCF or installation or modification of a support structure or wireless tower unless the conditions of this paragraph are satisfied. A WCF permit may be revoked prior to its effective date.

(1)

Applicant must obtain all other required permits, authorizations, approvals or declarations that may be required for installation or modification of the WCF or for installation or modification of the support structure under federal, state or local law, including but not limited to building permits, CEQA declarations, or FCC approvals. A WCF permit is not in lieu of any other permit required under the Code, except as specifically provided herein, nor is it a franchise, license or other authorization to occupy the rights-of-way, or a license, lease or agreement authorizing occupancy of any other private or public property. It does not create a vested right in occupying any particular location, and a WCF permit holder may be required to move and remove facilities at its expense consistent with other provisions of applicable law.

(2)

Applicant must provide proof to the Town that it has obtained all insurance and/or security required by the Code, and must pay any fees owed to the Town.

(D)

A WCF permit issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of this section is not valid.

(E)

The applicant shall pay all applicable fees required herein or as enacted by the Town Council prior to the issuance of a WCF permit.

(F)

An existing WCF that did not previously receive approval of a WCF permit, but received a Conditional Use Permit (CUP), the CUP shall be considered the WCF permit and any imposed expiration date on the CUP shall be replaced with any expiration dates outlined in this chapter for WCF permit.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2014-564, effective 12-1-14; Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.605 - Application required; contents of WCF permit application.

(A)

In all cases an applicant for a WCF permit shall utilize the form of application required by the Town. The Planning Director is authorized to prepare application forms and submittal checklists, and may develop application forms that distinguish between different types of installations and modifications in order to streamline processing of applications, and to comply with legal requirements. These generally applicable requirements shall be available for review in the Town's Planning Department during normal business hours and shall be provided to an applicant upon request. The Planning Director may also from time to time

require additional application materials and/or information in any publicly-stated format. An application will not be considered complete until the applicant has submitted all forms and supporting documents or items as required by the Planning Director.

(B)

Where a WCF is part of a network of WCFs that will be installed contemporaneously or sequentially, such as a distributed antenna system or DAS, the applications for each of the facilities in the proposed network shall be submitted simultaneously.

(C)

Applicants shall designate a representative, and provide contact information for that representative, which shall be included in the notice provided by the Town to adjacent property owners pursuant to Section 153.606(F), below.

(D)

Applicants shall include, as part of the application for a WCF permit, documentation which demonstrates that the proposed WCF and the equipment to be installed at the site shall comply with applicable FCC RF emissions regulations.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2017-589, passed 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.606 - Review of WCF permit application.

(A)

An applicant for a WCF permit shall also submit an application for a building permit at the time that the WCF permit application is submitted. If the WCF is proposed to be located in the right-of-way the applicant must also submit an application for an encroachment permit at the time of the application. The WCF permit application shall be deemed incomplete if not accompanied by a building permit application, and/or an encroachment permit when required. All persons wishing to apply for a WCF permit shall schedule an appointment with the Planning Department to submit the application and perform an initial check to determine whether the application appears to meet all required application submittal requirements as set forth by this chapter and the Planning Director. Applications shall only be accepted at a scheduled meeting.

(B)

Unless the application is deemed incomplete at the initial check pursuant to Paragraph (A), above, the Planning Director shall review all WCF permit applications for completeness and compliance with the provisions of this section and other applicable laws and regulations.

(C)

If the application submitted by the applicant is incomplete, the Planning Director or shall notify the applicant in writing within ten days for WCF permit applications proposing to install a small cell and within

30 days for all other WCF permit applications and include a list of items missing from the application and the Municipal Code section(s) which require the items in order to deem an application complete.

(D)

When an application is deemed incomplete, the applicant may submit additional materials to complete the application. An applicant may only submit a revised application or supplemental materials to a previously deemed incomplete application by appointment. The Planning Director shall schedule an applicant's appointment for resubmission within five business days of the applicant's request.

(E)

When an applicant resubmits an application with the additional required materials, the Planning Director will determine whether the resubmitted application is complete within ten days of submission. If the resubmitted application is not complete, the Planning Director will provide notice to the applicant within ten days and include a list of items missing from the application and the Municipal Code section(s) which require the items in order to deem an application complete.

(F)

Immediately after an application is received, the Planning Director shall cause notice of the application to be sent to all property owners within 500 feet of the proposed WCF site. Such notice shall include the name and contact information of the applicant's representative designated pursuant to Section 153.605(C) and shall indicate whether the application will be considered by the Planning Commission, Architectural and Site Review Administrator, or Planning Director. The notice shall also indicate where the recipient can obtain additional information about the application.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.607 - Design standards.

(A)

The purpose of this section is to identify preferences and requirements for the location and design of WCFs, to provide guidance to prospective applicants as they seek appropriate WCF locations within the Town, and to provide guidance to the Planning Commission or Architectural and Site Review Administrator in determining whether to grant, grant with conditions, or to deny a WCF application.

(B)

This section applies to all new WCFs and to all collocations and modifications to existing WCFs, except collocations and modifications to existing WCFs that qualify as a Section 6409(a) modification.

(C)

Siting preferences. The location for a WCF should take into consideration the following preferred sites:

(1)

Town owned properties;

(2)

Cañada College;

(3)

Other public or quasi-public facilities, such as fire stations, schools or churches;

(4)

Poles in the public right-of-way; and

(5)

Commercially zoned properties.

(D)

Siting on residential parcels. WCFs shall not be permitted on properties zoned and used for residential purposes or undeveloped parcels intended for residential use, unless the residential property owner provides written consent and:

(1)

The applicant demonstrates that all alternative non-residential sites (including collocation) have been explored and the proposed site is the least intrusive of the feasible alternative sites;

(2)

Design measures have been taken to mitigate visual impacts would result from the proposed facility; and

(3)

The proposed WCF complies with the setback requirements applicable to the property.

(E)

Visual impact and collocation. WCFs should be collocated with existing WCFs, if within 1,500 feet of an existing visible WCF, unless the Town determines that the particular design proposed would not create excessive visual clutter or otherwise create harms the Town may ameliorate. However, small cells and other WCFs located on streetlight poles or utility poles shall be limited to two collocated facilities per pole. All equipment shall be painted to match the color of the structure/pole in which it is attached or if on the ground to blend into the surrounding area, unless specific equipment cannot be painted for safety of functional reasons.

(F)

A WCF located in the rights-of-way:

(1)

Shall, with respect to its pole-mounted components, be located on an existing utility pole serving another utility;

(2)

Shall be located in a concealed WCF and/or shall be painted to be consistent with other existing natural or manmade features in the rights-of-way near the location where the WCF is to be located; or

(3)

Shall, with respect to its pole-mounted components, be located on a new utility pole where other telephone distribution lines are aerial, if there are no reasonable alternatives, and the applicant is authorized to construct new utility poles.

(4)

Shall place underground all equipment to the extent that site conditions permit to minimize aesthetic impact and to maximize use of poles for other carriers and utilities. Equipment that cannot be installed underground due to site conditions shall either be mounted to the pole or structure on which its antenna is located or ground-mounted, whichever is less intrusive, in the opinion of the Planning Director, to the use and visual aesthetic of the site.

(G)

Pole-mounted components. The pole-mounted components of a WCF on a streetlight pole or utility pole shall:

(1)

Comply with CPUC General Order 95 and General Order 128 as they may be amended or replaced;

(2)

Be consistent with or smaller than the size and shape of pole-mounted equipment installed by communications companies on streetlight poles and utility poles near the WCF.

(H)

Ground-mounted components. The ground-mounted components of a WCF, including but not limited to utility boxes, whether in or outside of the rights-of-way:

(1)

Shall be located flush to grade where necessary to avoid incommoding the public, or creating a hazard; and

(2)

To the extent permitted aboveground, shall otherwise be appropriately screened by fencing and/or landscaping and camouflaged to blend in with the surroundings, and non-reflective paints shall be used.

(I)

Height restrictions. All WCFs and their support structures shall comply with the applicable height restrictions under this Chapter except in the following cases:

(1)

The proposed WCF will attach to an existing structure which exceeds the applicable maximum height and will not increase the height of the existing structure; or

(2)

The applicant demonstrates that it must exceed the applicable height restriction to ensure the functionality of the WCF and that it has limited the proposed height to the greatest extent possible without sacrificing the required functionality of the WCF.

(J)

Extensions from support structures. Unless it is determined by the Town that there is no reasonably feasible design alternative that would protrude less from the support structure; or it is determined that the Town is legally required to approve an application, an application shall not be approved if it proposes extensions or protrusions from the support structure which are inconsistent in size with the extensions otherwise permitted under the Code.

(K)

Maintenance of Town character. A WCF shall be designed and located to minimize the impact on the surrounding neighborhood, and to maintain the character and appearance of the Town, consistent with other provisions of the Code. To that end, WCFs should:

(1)

Employ the least intrusive design for the proposed location in terms of size, mass, visual and physical impact, and effects on properties from which the WCF is visible;

(2)

Accommodate collocation consistent with the other design requirements of this section; and

(3)

Be consistent with the General Plan.

(L)

Camouflage of a WCF. Without limiting the foregoing, all portions of a WCF affixed to a support structure shall be designed to blend in or be screened from view in a manner consistent with the support structure's architectural style, color and materials, when viewed from any part of the Town. WCFs shall be painted and textured or otherwise camouflaged to match the color and texture of the support structure on which they are mounted. Where the support structure is a building, the WCF, including without limitation base station

cabinets, remote transmitters and receivers, and antenna amplifiers, shall be placed within the building or mounted behind a parapet screened from public view unless that is not feasible. If the Planning Director determines that such in-building placement is not feasible, the equipment shall be roof-mounted in an enclosure or otherwise screened from public view as approved by the Planning Commission, Architectural and Site Review Administrator, or Planning Director.

(M)

Lighting. WCFs shall not be lighted except in one of the following instances and when the lowest feasible intensity lighting is used:

(1)

For timer-controlled security lighting;

(2)

Where such lighting is required by the Planning Director to protect public health or welfare, or as part of the camouflage for a particular design.

(N)

Signage. No advertising signage shall be displayed on any WCF except for government required signs shown in the WCF permit application. Additionally site identification, address, warning and similar information plates may be permitted where approved by the Planning Commission, Architectural and Site Review Administrator, or Planning Director.

(O)

Americans With Disabilities Act. The WCF shall comply with all requirements of the Americans With Disabilities Act of 1990 ("ADA") as may be amended or replaced.

(P)

Obstructions. The WCF shall not incommode the public (including without limitation, persons with disabilities) in its use of any structure, or any portion of the rights-of-way.

(Q)

Camouflage of wireless towers and base stations. All wireless towers and base stations shall be camouflaged or concealed. The installation of an uncamouflaged wireless tower or base station is prohibited.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.608 - Required findings for approval.

(A)

It is the applicant's burden to show that a WCF permit should be granted. All WCF permit applications shall be reviewed and approved, approved with conditions, or denied by the Planning Commission, except those applications to be reviewed and acted upon by the Architectural and Site Review Administrator, or Planning Director, pursuant to Sections 153.609 and 153.610, below. In reviewing an application, the Planning Commission, Architectural and Site Review Administrator, or Planning Director may consider the WCF as proposed, and as it may be modified as a matter of right should the application be granted. When considering an application, the Planning Commission, Architectural and Site Review Administrator, or Planning Director may consider any matter it is entitled to or required to consider as a matter of law. To approve an application, the Planning Commission or Architectural and Site Review Administrator must make the following findings:

(1)

The application was deemed complete by the Planning Director;

(2)

The application is consistent with the design standards set forth in Section 153.607, above;

(3)

The WCF and support structure additions and modifications proposed are consistent with the General Plan and will not adversely affect the policies and goals set forth therein or alter the rural character of the community;

(4)

The WCF and support structure modifications and additions proposed, comply with the design standards herein, and other applicable provisions of the Code;

(5)

The WCF and support structure modifications and additions proposed comply with applicable safety codes and laws (including without limitation the ADA);

(6)

The WCF and support structure modifications and additions do not interfere with the public's use of rightsof-way, or create undue risks to persons or property;

(7)

The applicant has made the required affirmation regarding compliance with the FCC's RF regulations, as the same may be amended;

(8)

The applicant was authorized to file the application;

(9)

The applicant has or will have necessary local, state or federal regulatory approvals required in connection with the WCF (including but not limited to necessary CEQA approvals, if any; and approvals for structures on private property); and

(10)

Alternative designs or locations were considered and the proposed design is more consistent with the General Plan and otherwise minimizes the impact of the WCF and support structure modifications and additions to the greatest extent possible.

(B)

Notwithstanding any other provision of this section, if in the opinion of the Planning Director, in consultation with the Town Attorney, any of the provisions of this section are preempted or prohibited by state or federal law, the Planning Commission or Architectural and Site Review Administrator may approve an application despite any inconsistencies with this Code.

(C)

A WCF located on private property shall also be subject to any design review provisions of this Code to the extent that it involves a modification to a support structure which is subject to separate review under this Code.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.609 - Section 6409(a) modification applications.

(A)

An application designated by the applicant as a Section 6409(a) modification, or determined by the Planning Director to be a Section 6409(a) modification, shall be reviewed and approved, approved with conditions, or denied by the Planning Director.

(B)

Pursuant to 47 U.S.C. section 1455(a), the Planning Director shall approve a Section 6409(a) modification except when:

(1)

The collocation or modification would result in a substantial change (as defined in Section 153.602 above) to the exiting wireless tower or base station;

(2)

The collocation or modification would violate any applicable building code, electrical code, structural code, fire code or any other law, regulation, rule or prior condition of approval based on objective factors and reasonably related to public health and safety;

(3)

The collocation or modification involves the replacement of the wireless tower or other support structure; or

(4)

47 U.S.C. Section 1455(a) does not apply to the collocation or modification for any lawful reason.

(C)

Any denial of a Section 6409(a) modification shall be without prejudice. Subject to Section 153.608(D), the applicant may submit the same or substantially the same WCF permit application, together with all required fees and deposits, for either a WCF permit or a Section 6409(a) Modification permit.

(D)

The Town shall be entitled to recover the reasonable costs for its review of any Section 6409(a) modification permit application, whether approved, deemed-granted or denied without prejudice. In the event that the Planning Director denies a Section 6409(a) modification permit, the Town shall return any unused deposit fees within 60 days after a written request from the applicant. If the funds in the deposit account do not cover the reasonable cost for the Town's review, an applicant shall not be allowed to submit an application for the same or substantially the same change unless all fees/deposits for the prior-denied WCF permit application are paid in full.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.610 - Small cell applications.

(A)

A WCF permit application which proposes a new or modified small cell facility shall be reviewed and approved, approved with conditions, or denied by the Architectural and Site Review Administrator. Applicants may include multiple proposed small cells in one application. An application that proposes both small cell and non-small cell installations shall be handled as separate applications, and all proposed nonsmall cell facilities shall be subject to individual requirements, review criteria, and fees, as their own applications.

(B)

If a small cell is installed on or affixed to a Town-owned support structure, the owner of the small cell/WCF permit-holder shall obtain a license for use of the structure from the Town prior to or in conjunction with the permitting process, shall pay an additional processing fee for the license, and shall pay an annual fee for such use.

(Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— Ord. 2020-607, § 2(Exh. A), adopted Feb. 25, 2020, repealed the former § 153-610, and enacted a new § 153-610 as set out herein. The former § 153-610 pertained to an appeal to Town Council and derived from Ord. 2017-589, effective 8-24-17.

Sec. 153.611 - Time to act on applications.

(A)

Standard times to act. Except in instances where the Town has entered into a tolling agreement with the applicant, the Planning Commission, Architectural and Site Review Administrator, or Planning Director shall act to approve, approve with conditions, or deny all applications within the following periods.

(1)

Within 60 days for:

(a)

Section 6409(a) modification applications; and

(b)

Small cell facilities proposed to be collocated or attached to existing support structures.

(2)

Within 90 days for:

(a)

Collocations of non-small cell WCFs;

(b)

Installations of non-small cell WCFs onto existing support structures; and

(c)

New small cell facilities (including new support structure).

(3)

Within 150 days for new non-small cell WCFs (including new support structure).

(B)

Tolling periods. If the applicant is timely notified that its application is incomplete pursuant to Section 153.606, the time to act on the application as defined by this section shall toll from the day after such notice is given to the applicant in writing to the day that the applicant submits additional documents to render the application complete. Should those additional documents fail to render the application complete, the time to act on the application shall again toll on the day after written notice to the applicant that the supplemental submission was insufficient until the day that the applicant submits additional documents to render the application complete.

(C)

Small cell time reset. Notwithstanding the above, if the applicant submits an incomplete application that proposes to install a small cell and is timely notified that the application is incomplete, the period in which the application must be acted upon shall not run until the applicant makes a supplemental submission to complete the application. Should the subsequent submittal fail to complete the application and the applicant is notified timely, the tolling periods provisions above shall apply.

(Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— Ord. 2020-607, § 2(Exh. A), adopted Feb. 25, 2020, repealed the former § 153-611, and enacted a new § 153-611 as set out herein. The former § 153-611 pertained to the compliance report and derived from Ord. 2017-589, effective 8-24-17.

Sec. 153.612 - Appeal to Town Council.

Appeals of decisions made under this Section 153.600 et seq. shall be made pursuant to Section 153.970 et seq. of this Code.

(Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— Ord. 2020-607, § 2(Exh. A), adopted Feb. 25, 2020, added new provisions designated as § 153.612 and renumbered §§ 153.612—153.620 as 153.613—153.621. Historical notation has been retained with the amended provisions for reference purposes.