§ 30-65.5. Requirements for facilities within the public right-of-way.

(a)

Design and development standards. All wireless facilities that are located within the public right-of-way shall be designed and maintained as to minimize adverse visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

(1)

General guidelines.

a.

The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless facilities in order to ensure that the facility blends in with the surrounding environment or otherwise is concealed in a technically feasible manner to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties.

b.

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the surrounding environment, and may include landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of applicable color, size, proportion, style, and quality to the extent technically feasible.

c.

Facilities shall be located such that views from a residential structure are not significantly impaired. Facilities shall also be located in a manner that protects public views over city view corridors, as defined in the city's general plan, so that no significant view impairment results in accordance with this Code. This provision shall be applied consistent with local, state and federal law.

(2)

Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

(3)

Blending methods. All facilities shall have colors and finishes that blend with the colors and finishes of the surrounding area and structures to the extent technically feasible.

(4)

Equipment. The applicant shall use the least visible equipment possible. Antenna elements shall be flush mounted, to the extent technically feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers to the extent technically feasible.

(5)

Poles.

a.

Facilities shall be located consistent with section 30-65.12, location restrictions, unless an exception pursuant to section 30-65.13, exceptions, is granted.

b.

Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited.

c.

Utility poles. The maximum height of any antenna shall not exceed four feet above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface.

d.

Replacement poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing similar poles near the proposed location, including size, height, color, materials and style to the extent technically feasible. Such poles shall have collocation capabilities to the extent technically feasible.

e.

New poles. If an applicant proposes to place a new pole in the right-of-way, the pole shall be designed to resemble the appearance and dimensions of existing similar poles near the proposed location including size, height, color, materials, and style to the extent technically feasible. Such new poles that are not replacement poles shall be located at least 90 feet from any existing pole to the extent feasible. Such new poles shall not adversely impact public view corridors. Such new poles shall have collocation capabilities to the extent technically feasible.

f.

For small wireless facilities, all wireless equipment associated with the facility, whether ground or pole-mounted, exclusive of antennas, shall not exceed 28 cubic feet in volume cumulatively.

g.

All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of any hollow pole and shall be camouflaged or hidden to the extent technically feasible. For all poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted or of a color that reasonably matches the pole.

(7)

Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

(8)

Wind loads. Each facility shall be properly engineered to withstand wind loads as required by local, state, and federal law or any applicable duly adopted or incorporated code. An evaluation of wind load capacity shall include the impact of modification of an existing facility.

(9)

Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

(10)

Public facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

(11)

Screening. All ground-mounted facilities, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

(12)

Accessory equipment. Not including the electric meter, all accessory equipment shall be pole-mounted or located underground, except as provided below:

a.

When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and, where appropriate, equipment shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged.

b.

In locations where homes are only along one side of a street, to the extent technically feasible ground-mounted facilities shall not be installed directly in front of a residence. Such ground-mounted facilities shall be installed along the side of the street with no homes unless an exception is granted. Unless said location is located within the coastal setback or the landslide moratorium area, then such locations shall be referred to the city's geotechnical staff for review and recommendations.

(13)

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility.

(14)

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

(15)

Lighting.

a.

Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

b.

Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.

(16)

Noise.

a.

At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA three feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within 500 feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed 45 dBA three feet from the sources of the noise.

(17)

Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

(18)

Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless facility, existing equipment shall, to the extent feasible, be replaced with the same equipment or equipment that reduces or does not add to visual, noise and other impacts.

(19)

[Expiration.] The installation and construction approved by a wireless facility permit shall begin within one year after its approval or it will expire without further action by the city.

(b)

Conditions of approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law):

(1)

The permittee shall submit an as built drawing within 90 days after installation of the facility. As-builts shall be in an electronic format acceptable to the city which can be linked to the city's GIS.

(2)

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.

The legal status of the owner of the wireless facility.

(3)

The permittee shall notify the city in writing at least ten days prior to any transfer, sale, or assignment of the permit. The written notice required in this section must include: (1) the transferee's legal name; (2) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (3) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the city to revoke the applicable permits.

(4)

At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, any applicable municipal codal laws, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

(5)

Permittee shall pay for and provide a performance bond or other form of security as required in permittee's franchise agreement, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. Before issuance of any permit, permittee must submit said security instrument.

(6)

A condition setting forth the permit expiration date in accordance with section 30-65.11, permit expiration, shall be included in the conditions of approval.

(7)

The wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the department of public works for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and/or (c) preventing damage to the public right-of-way or any adjacent property. The city may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the city by the permittee.

(8)

The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit unless and until the transferee of the permit has submitted the security instrument required by section 30-65.5(b).

(9)

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a wireless facility unless the department of public works determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement or property. Prior to commencement of any work pursuant to any permit issued for any facility within the public right-of-way, the permittee shall provide the director with documentation establishing that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's facilities.

(10)

The permittee shall assume full liability for damage or injury caused to any property or person by the permittee's facility.

(11)

The permittee shall 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 city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of permittee's wireless facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted, the city shall cause such repair to be completed at permittee's sole cost and expense.

(12)

No facility shall be permitted to be installed in the drip line of any tree in the right-of-way.

(13)

Prior to the issuance of any encroachment permit, permittee may be required to enter into a right-of-way agreement with the city in accordance with the city's past practice.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)