HomeMy WebLinkAbout3.0 - Wireless Telecommunications Facilities Ordiance - CA 2012-004 - PA2012-057CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 19, 2013 — Study Session
Agenda Item No. 3
SUBJECT: Wireless Telecommunications Facilities Ordinance (PA2012 -057)
• Code Amendment No. CA2012 -004
PLANNER: James Campbell, Principal Planner
(949) 644 -3210, Icampbell(a)newportbeachca.gov
PROJECT SUMMARY
An amendment to the Newport Beach Municipal Code ( "NBMC ") to update regulations
regarding wireless telecommunication facilities ( "Telecom Facilities "). Regulations currently
contained in Chapter 15.70 would be updated and relocated to Title 20 (Planning and
Zoning) and Chapter 15.70 would be rescinded in its entirety.
RECOMMENDED ACTION
Review and comment on the proposed draft ordinance
DISCUSSION
The Telecommunications (Telecom) Ordinance was adopted by City Council in October
2002, codifying the regulations and design standards for telecom facilities within the City. At
the time the telecom ordinance was adopted, state and federal case law suggested cities
were somewhat limited in how telecom facilities could be regulated. However, more recent
case law favors more appropriate local control to ensure the compatibility of these facilities
with surrounding uses, similar to the manner in which other land uses are reviewed.
Additionally, staff identified several issues based upon its experiences implementing the
current ordinance that could be addressed by the update.
The City Council initiated the amendment process in March 2012. Staff then prepared a
comprehensive update of the existing Wireless Telecommunications Facilities Ordinance
( "Telecom Ordinance "). In summary, the existing Telecom Ordinance (Chapter 15 -70 would
be updated in its entirety and relocated to the Zoning Code (Title 20). The item was
introduced to the Planning Commission in July 2012, and was continued to allow for an
expanded dialog with the telecommunications industry. After meeting with industry
representatives in July 2012, staff returned to the Planning Commission in September 2012,
where the Commission held a study session. A copy of the agenda packet and approved
minutes for the September 6, 2012, study session can be found at the City's website at the
following web address:
http: / /ecros. newportbeachca .govlWebIBrowse.aspx ?startid= 321452 &cnb= PlanningCommis
sionMeetings &dbid =0
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The current draft ordinance (Attachment PC 1) was distributed to interested stakeholders,
including several industry representatives, in June 2013. The draft ordinance remains a
work in progress. Since the last draft, staff has modified the overall structure of the
ordinance, making an underline /strikeout version extremely confusing to read. Additional
refinements will be proposed based upon further input from the Commission, public, and
City staff.
The following discussion summarizes various issues raised, direction, and in some cases
additional suggested changes. Staff also received several comments letters on the draft
ordinance that are attached (Attachment PC 2).
1. Discretionary Permit Process [Sections 20.49.020 and 20.49.070]
Telecom industry representatives requested an administrative process and limited use of
discretionary applications. At the prior study session, the Planning Commission agreed and
also suggested that when discretionary review would be required, the Zoning Administrator
would be the appropriate review authority for simpler requests and that the Planning
Commission would only review the most visible proposals. One purpose of the proposed
ordinance is to provide a review process and public notice of proposed facilities through the
existing land use entitlement process. Staff believes that the discretionary process is
appropriate for visible facilities whether on public or private property or within the public
right -of -way. Additionally, staff believes the discretionary process is a reasonable exercise
of the City's right to control the time, place, and manner Telecom Facilities are established
within the public right -of -way. To address the concern that the discretionary process is
applied too broadly, staff modified the draft ordinance such that stealth /screened facilities
located in allowed zones on private property and on public property be administratively
approved without providing notice to the public. All other facilities would require a Minor Use
Permit (MUP), Conditional Use Permit (CUP), or Limited Term Permit (LTP).
2. Legal Nonconforming Facilities [Section 20.49.020 (F)]
Industry representatives were concerned that existing facilities would be required to either
be changed or phased out in the future. The draft ordinance provides for the maintenance
and continuation of existing facilities that were lawfully constructed but would be considered
nonconforming because they would not comply with the provisions of the proposed
ordinance. These legal nonconforming facilities would not be required to be modified or
amortized. Future facilities proposed or the future modification of existing facilities would be
required to comply with the adopted Telecom Ordinance.
3. Definitions [Section 20.49.030]
There were comments regarding the need to improve the clarity of definitions. The
establishment of appropriate antenna classifications was one area in need of clarification.
The prior draft had descriptions of Antenna Classes in a subsection that established priority
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locations. Staff has relocated the descriptions of the proposed Antenna Classes to the
subsection providing definitions. Please also note that the antenna classifications have
changed from the prior draft, which is discussed below.
4. Technology Requirements [Formerly Section 20.49.040]
Comments were received indicating that the use of, "...the most efficient, diminutive and
least obtrusive technology..." is inappropriate and could theoretically be used to
discriminate among carriers based upon their technology. The current ordinance in effect
provides this policy language; however, the key factor is that a new facility be unobtrusive.
Staff has modified the draft to stress that new facilities be designed to be as unobtrusive as
possible. The modified section is now located in section 20.49.010, subsection C. The draft
ordinance also includes language in indicating that the Telecom Ordinance cannot be
applied in a manner that as to unreasonably discriminate among providers of functionally
equivalent services.
5. Location Preferences /Antenna Classifications [Section 20.49.050]
The proposed classification system with the prior draft ordinance was confusing and the
revised draft ordinance would establish five telecom facility classifications:
1. Class 1 (Stealth /Screened)
2. Class 2 (Visible)
3. Class 3 (Public Right -of -Way Installations)
4. Class 4 (Freestanding Structure)
5. Class 5 (Temporary)
The revised draft ordinance indicates a hierarchy that was originally based upon the current
ordinance and previous draft. With the revised classification system above, staff believes
the hierarchy should be modified as Class 3 and Class 5 do not seem to be more desirable
than any other installation when all facilities must be designed or located to be the least
visually unobtrusive. Additionally, there may be a circumstance where a Class 3 facility may
be a better option than a Class 2. If a hierarchy is retained, it recommends that it be Class 1,
Class 2, and then Class 4.
6. Location Preferences, Prohibited Locations [Section 20.49.050 (B)]
Industry representatives have indicated a need to access all zones including all residential
areas. The current ordinance does not allow Telecom Facilities to be installed on residential
lots (including residential portions of Planned Communities or Specific Plans) or in passive
open space zones except under very limited circumstances. Common area or non-
residential lots within residential zones, multi - family buildings, and collocated installations on
existing utility towers in utility easements within passive open space zones are the only
exceptions and they currently require City Council approval. The proposed ordinance: 1)
maintains the same prohibited locations; 2) it provides for Planning Commission review at
Wireless Telecommunications Facilities Ordinance (PA2012 -057)
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public hearings for exceptions to height standards; and 3) it provides access to low- density
residential areas within the public right -of -way provided they meet applicable design
standards. The revised draft does contain a typographical error in that it lists streetlights as
prohibited locations. Staff intended to prohibit telecom facilities on traffic control standards
not streetlights. This error will necessitate other changes for internal consistency.
7. Location Preferences, Installations in the Public Right -of -Way [Section 20.49.050
(C)]
Industry representatives contend that this section includes unreasonable limitations on their
use of the public right -of -way. The draft ordinance requires compliance with Title 13 (Streets
and Highways) and proposed facilities must also comply with Chapter 15.32
(Undergrounding Utilities) of the Municipal Code. The City controls the time, place, and
manner in which the public right -of -way is accessed. Antennas can be installed on existing
vertical poles; however, new poles within underground districts may not permissible
pursuant to provisions of Title 13 and Chapter 15.32 of the Municipal Code. Support
equipment, with the exception of pedestal meters, may be required to be located
underground in areas where existing utilities are underground and Title 13 also requires
new support equipment to be placed in underground vaults. Staff believes that the existing
provisions of Title 13 and Chapter 15.32 are consistent with State law.
8. General Development and Design Standards [Section 20.49.060]
The emphasis on making Telecom Facilities as inconspicuous as possible has been the
basic goal of the Telecom Ordinance currently in effect. This section provides screening
methods for each Antenna Class and it addresses public view protection, support
equipment, and maintenance among other issues. Staff believes the standards are
appropriate; however, staff does recommend the removal of the term, "To the greatest
extent feasible" from the general criteria provisions as it would weaken the requirement to
design Telecom Facilities to minimize visual impacts.
9. Height [Section 20.49.060 (C)]
The telecom industry almost universally wants taller facilities to provide better coverage.
Additionally, the industry does not want to be subject to a Variance process if there is a
need for a facility taller than allowed. The ordinance currently in effect allows Telecom
Facilities on private property to be no taller than the upper height limit (e.g., 35 feet in the
26/35 -foot height limitation zone). Telecom Facilities proposed within the public right -of -way
on streetlights or other structures are limited to 35 feet and antennas proposed on existing
power transmission lines that are taller than 35 feet cannot be taller than the existing pole.
The City Council can authorize an additional 15 feet without a public hearing and if there is
a need for a facility taller, the current code does not provide a process for deviation.
The proposed draft ordinance would change the height requirements stated above by
allowing Telecom Facilities to be 5 feet above the base height limit (e.g., 26 feet in the 26/35
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foot height limitation zone + 5 feet = 31 feet). This standard treats Telecom Facilities similar
to how sloped roofs, elevator shafts, and screened rooftop mechanical equipment are
allowed to exceed the based height limit. Discretionary review would be required for a
proposal above this standard up to the upper height limit (e.g., 35 feet in the 26/35 foot
height limitation zone). A Variance would be required for facilities proposed to exceed the
upper height limit.
10. Setback Standards [Section 20.49.060 (D)]
The prior draft included an additional setback distance of 110 percent of the facility's height
as a "fall zone" setback. Staff recommended its elimination at the prior study session and
with the Planning Commission's concurrence, it was removed from the current draft.
11. Screening Standards [Section 20.49.060 (F)]
This subsection provides standards for screening antennas and support equipment for the
five proposed antenna classes. This section was modified from the prior draft ordinance to
reflect the changes in proposed antenna classifications.
12. Permit Review Procedures [Section 20.49.070]
Past comments suggested that the review process was burdensome and the Commission
suggested that the process expand the use of administrative approvals and make many
Telecom applications subject to review by the Zoning Administrator rather than the Planning
Commission. The current draft ordinance contains Table 4 -1 that identifies which approval
or permit application is required for each Antenna Class while introducing a 150 foot
proximity standard. The entries for Class 2 and Class 4 facilities are complicated given an
attempt to reflect currently prohibited zones.
1. Class 1 facilities would be allowed administratively provided the facilities meet
applicable location and design standards.
2. Class 2 facilities should have a more simplified approach where a CUP would only
be required when a facility is proposed within a specified distance of residential uses
or all Class 2 facilities might only require a MUP.
3. Class 3 facilities would require a MUP and fall under the jurisdiction of the Zoning
Administrator. Additionally, since Class 3 facilities are in the public right -of -way, the
Public Works Department would review the proposals for consistency with Title 13
and to ensure appropriate control of the time, place, and manner of use of the right -
of -way. Staff would process required license agreements and encroachment permits
or encroachment agreements for approved facilities.
4. Class 4 facilities would require a CUP to be reviewed by the Planning Commission
unless it was proposed within 150 feet of a residential district where a MUP would be
required, which would be reviewed by the Zoning Administrator. Staff recommends
this provision be reversed or that all new freestanding structures require CUPS.
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5. Class 5 facilities are temporary and would require an LTP and also fall under the
jurisdiction of the Zoning Administrator. Lastly, the revised draft ordinance has been
updated to remove several internal inconsistencies.
13. License Agreements for City -Owned Property [Section 20.49.090]
A license agreement for the use of City owned structures or property is required by the
current Telecom Ordinance. The requirement would remain with the proposed update and
the license agreement could be reviewed concurrently with the review of the Telecom
Facility.
14. Modification of existing facilities [Section 20.49.100]
This section is entirely new and it was drafted in response to 2012 federal regulations.
Federal law prohibits a state or local government from denying a request to modify an
existing facility under particular conditions when the modification does not "substantially
change the physical dimensions of a tower or base station." Federal law does not define
what is considered a "substantial" change and staff recommends a five percent standard to
ensure that public views are protected and visual impacts are avoided.
15. Radio Frequency (RF) Emissions Reporting [Section 20.49.110]
The current telecom ordinance required RF compliance reporting and this section is
intended to continue the policy of requiring them. Staff has received comments indicating
that RF emission reports are unnecessary given Federal Communications Commission
(FCC) oversight. It is acknowledged that telecom facility cannot be operated with RF
emissions that exceed applicable FCC standards. The compliance report is a simple means
to document compliance. The telecom industry is also concerned about the use of RF
emissions as a consideration in the review of applications for proposed facilities. The City
acknowledges that RF emissions are under the jurisdiction of the FCC and that the
consideration of RF emissions for FCC compliant facilities is precluded by federal law.
Next Steps
Based upon Commission direction and public feedback, staff will prepare a final revised
draft ordinance that will be published in advance of a future public hearing to allow for
review and comment.
Prepared by: Submitted by:
W ha
Jawks Campbell, Principal Pla ner
, Deputy Director
G
ATTACHMENTS
PC 1 Draft Ordinance
PC 2 Comment Letters
Wireless Telecommunications Facilities Ordinance (PA2012 -057)
September 19, 2013 — Study Session
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Intentionally Blank
ATTACHMENT PC 1
Draft Ordinance
Intentionally Blank
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Chapter 20.49 — Wireless Telecommunications Facilities
Sections
20.49.010 — Purpose
20.49.020 — Effect of Chapter
General Provisions
20.49.030 — Definitions
20.49.040 — Available Technology
20.49.050 — Location Preferences
20.49.060 — General Development and Design Standards
20.49.070— Permit Review Procedures
20.49.080— Permit Implementation, Time Limits, Duration, and Appeals
20.49.090— Agreement for Use of City -owned or City -held Trust Property
20.49.100— Modification of Existing Telecom Facilities
20.49.110 — Operational and Radio Frequency Compliance and Emissions Report
20.49.120 — Right to Review or Revoke Permit
20.49.130 — Removal of Telecom Facilities
20.49.010 — Purpose
A. The purpose of this Chapter is to provide for wireless telecommunication facilities
( "Telecom Facilities ") on public and private property consistent with state and federal law
while ensuring public safety, reducing the visual effects of telecom equipment on public
streetscapes, protecting scenic, ocean and coastal public views, and otherwise mitigating
the impacts of such facilities. More specifically, the regulations contained herein are
intended to; 1) encourage the location of Antennas in non - residential areas, 2) encourage
Collocation at new and existing Antenna sites, and 3) encourage Telecom Facilities to be
located in areas where adverse visual impacts on the community and public views are
minimized.
B. The provisions of this Chapter are not intended and shall not be interpreted to prohibit or
to have the effect of prohibiting telecom services. This Chapter shall be applied to
providers, operators, and maintainers of wireless services regardless of whether authorized
by state or federal regulations. This Chapter shall not be applied in such a manner as to
unreasonably discriminate among providers of functionally equivalent telecom services.
C. All Telecom Facilities approved under this Chapter shall utilize the most efficient and least
obtrusive available technology in order to minimize the number of Telecom Facilities in the
City and reduce their visual impact on the community and public views.
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20.49.020 — Effect of Chapter
A. Regulatory Scope. These regulations are applicable to all Telecom Facilities providing voice
and /or data transmission such as, but not limited to, cell phone, internet and radio relay
stations.
B. Permit and /or Agreement Required. Prior to construction of any Telecom Facility in the
City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP),
Limited Term Permit (LTP), or Zoning Clearance (ZC), depending on the proposed location,
Antenna Class, and method of installation, in accordance with Section 20.49.070 (Permit
Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment
permit, if required) for any Telecom Facility approved to be located on any City -owned
property or City -held Trust property, shall enter into an agreement prepared and executed
by the City Manager or its designee prior to construction of the Facility, consistent with
Section 20.49.090 (Agreement for Use of City -owned or City -held Trust Property).
C. Exempt Facilities. The following types of facilities are exempt from the provisions of this
Chapter:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen band radio
antennas regulated by Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
2. Dish and other antennas subject to the FCC Over - the -Air Reception Devices ( "OTARD ")
rule, 47 C.F.R. § 1.4000 that are designed and used to receive video programming
signals from (a) direct broadcast satellite services, or (b) television broadcast stations, or
(c) for wireless cable service.
3. During an emergency, as defined by Title 2 of the NBMC, the City Manager, Director of
Emergency Services or Assistant Director of Emergency Services shall have the authority
to approve the placement of a Telecom Facility in any district on a temporary basis not
exceeding ninety (90) calendar days from the date of authorization. Such authorization
may be extended by the City on a showing of good cause.
4. Facilities exempt from some or all of the provisions of this Chapter by operation of state
or federal law to the extent so determined by the City.
S. Systems installed or operated at the direction of the City or its contractor.
6. Systems installed entirely within buildings for the sole purpose of providing wireless
telecommunications services or data transmission services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this Chapter, all Telecom Facilities
within the City shall comply with the following requirements:
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1. Rules, regulations, policies, or conditions in any permit, license, or agreement issued by
a local, state or federal agency which has jurisdiction over the Telecom Facility.
2. Rules, regulations and standards of the Federal Communications Commission (FCC) and
the California Public Utilities Commission (CPUC).
E. Regulations not in Conflict or Preempted. All Telecom Facilities within the City shall comply
with the following requirements unless in conflict with or preempted by the provisions of
this Chapter:
1. All applicable City design guidelines and standards.
2. Requirements established by any other provision of the Municipal Code and by any
other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any Telecom Facility that is lawfully constructed, erected, or
approved prior to the effective date of this Chapter that is operating in compliance with all
applicable laws, and which Facility does not conform to the requirements of this Chapter
shall be accepted and allowed as a legal nonconforming Facility if otherwise approved and
constructed. Legal nonconforming Telecom Facilities shall comply at all times with the laws,
ordinances, and regulations in effect at the time the application was deemed complete, and
any applicable federal and state laws as they may be amended or enacted, and shall at all
times comply with any conditions of approval.
20.49.030 — Definitions.
For the purposes of this Chapter, the following definitions shall apply:
A. Antenna. Antenna means a device used to transmit and /or receive radio or
electromagnetic waves between earth and /or satellite -based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, Antennas, arrays, or other similar devices.
B. Antenna Array. Antenna Array means Antennas having transmission and /or reception
elements extending in more than one direction, and directional Antennas mounted upon
and rotated through a vertical mast or tower interconnecting the beam and Antenna
support, all of which elements are deemed to be part of the Antenna.
C. Antenna Classes. Antenna Classes are Telecom Facilities and the attendant Support
Equipment separated into the following distinct classes:
1. Class 1 (Stealth /Screened): a Facility with Antennas mounted on an existing or
proposed non - residential building or other structure not primarily intended to be an
antenna support structure where Antennas and Support Equipment, including the base
station, are fully screened so that they are not visible to the general public.
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2. Class 2 (Visible): a Facility with Antennas mounted on an existing non - residential
building, structure, pole, light standard, Utility Tower, Wireless Tower and /or Lattice
Tower.
3. Class 3 (Public Right -of -Way Installations): a Facility with Antennas installed on a
structure located in the public right -of -way.
4. Class 4 (Freestanding Structure): a Facility with Antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting the
Telecom Facility.
5. Class 5 (Temporary): a Facility including associated Support Equipment that is installed
at a site on a temporary basis pursuant to a Limited Term Permit. A Class 5 installation
may also be installed in connection with a special event upon the approval of a Special
Events Permit pursuant to Chapter 11.03 without a Limited Term Permit.
D. Base Station. Base Station means the electronic equipment at a Telecom Facility installed
and operated by the Telecom Operator that together perform the initial signal transmission
and signal control functions. Base Station does not include the Antennas and Antenna
support structure, or the Support Equipment, nor does it include any portion of DAS.
E. City -owned or City -held Trust Property. City -owned or City -held Trust Property means all
real property and improvements owned, operated or controlled by the City, other than the
public right -of -way, within the City's jurisdiction, including but is not limited to City Hall,
Police and Fire facilities, recreational facilities, parks, libraries, monuments, signs,
streetlights and traffic control standards.
F. Collocation. Collocation means an arrangement whereby multiple Telecom Facilities are
installed on the same building or structure.
G. Distributed Antenna System, DAS. Distributed Antenna System (DAS) means a network of
one or more Antennas and fiber optic nodes typically mounted to streetlight poles, or utility
structures, which provide access and signal transfer services to one or more third -party
wireless service providers. DAS also includes the equipment location, sometimes called a
"hub" or "hotel" where the DAS network is interconnected with third -party wireless service
providers to provide the signal transfer services.
H. FCC. FCC means the Federal Communications Commission, the federal regulatory agency
charged with regulating interstate and international communications by radio, television,
wire, satellite, and cable.
I. Feasible. Feasible means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal and
technological factors.
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J. Lattice Tower. Lattice Tower means a freestanding open framework structure used to
support Antennas, typically with three or four support legs of open metal crossbeams or
crossbars.
K. Monopole. Monopole means a single free - standing pole or pole -based structure solely
used to act as or support a Telecom Antenna or Antenna Arrays.
L. Operator or Telecom Operator. Operator or Telecom Operator means any person, firm,
corporation, company, or other entity that directly or indirectly owns, leases, runs,
manages, or otherwise controls a Telecom Facility or facilities within the City.
M. Public Right -of -Way. Public Right -of -Way or ( "PROW ") means the improved or unimproved
surface of any street, or similar public way of any nature, dedicated or improved for
vehicular, bicycle, and /or pedestrian related use. PROW includes public streets, roads,
lanes, alleys, sidewalks, medians, parkways and landscaped lots.
N. Stealth or Stealth Facility. Stealth or Stealth Facility means a Telecom Facility in which the
Antenna, and the Support Equipment, are completely hidden from view in a monument,
cupola, pole -based structure, or other concealing structure which either mimics, or which
also serves as, a natural or architectural feature. Concealing structures which are obviously
not such a natural or architectural feature to the average observer do not qualify within this
definition. A false tree is not a Stealth Facility.
O. Support Equipment. Support Equipment means the physical, electrical and /or electronic
equipment included within a Telecom Facility used to house, power, and /or contribute to
the processing of signals from or to the Facility's Antenna or Antennas, including but not
limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals, and
electric service meters. Support Equipment does not include DAS, Antennas or the building
or structure to which the Antennas or other equipment are attached.
P. Telecommunication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility, or Facility. Telecommunication(s) Facility, Telecom Facility,
Telecom Facilities, Wireless Telecommunications Facility, or simply Facility or Facilities
means an installation that sends and /or receives wireless radio frequency signals or
electromagnetic waves, including but not limited to directional, omni - directional and
parabolic antennas, structures or towers to support receiving and /or transmitting devices,
supporting equipment and structures, and the land or structure on which they are all
situated. The term does not include mobile transmitting devices, such as vehicle or hand
held radios /telephones and their associated transmitting antennas.
Q. Utility Pole. Utility Pole means a single freestanding pole used to support services provided
by a public or private utility provider.
R. Utility Tower. Utility Tower shall mean an open framework structure (see lattice tower) or
steel pole used to support electric transmission facilities.
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S. Wireless Tower. Wireless Tower means any structure built for the sole or primary purpose
of supporting Antennas used to provide wireless services authorized by the FCC. A
Distributed Antenna System (DAS) installed pursuant to a Certificate of Public Convenience
and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower,
utility tower, street light, or other structures built or rebuilt or replaced primarily for a
purpose other than supporting wireless services authorized by the FCC, including any
structure installed pursuant to California Public Utility Code Section 7901, is not a Wireless
Tower for purposes of this definition. For an example only, a prior- existing light standard
which is replaced with a new light standard to permit the addition of Antennas shall not be
considered a Wireless Tower, but rather a replacement light standard.
20.49.050 — Location Preferences.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or
individual Telecom Facilities in the City, the following list establishes the order of preference
for the location and installation of Telecom Facilities, from highest priority location and
technique to lowest.
1. Collocation of anew facility at an existing facility.
2. Class 1.
3. Class 2.
4. Class 3.
5. Class 4.
6. Class 5.
B. Prohibited Locations. Telecom Facilities are prohibited in the following locations:
1. On properties zoned for single -unit or two -unit residential development, including
equivalent PC District designation.
2. On properties zoned for multi -unit residential development and mixed -use development
where the maximum allowable number of dwelling units is four (4) units.
3. In the Open Space (OS) zoning district, unless Telecom Facilities are collocated on an
existing Utility Tower within a utility easement area, or collocated on an existing
Telecom Facility.
4. On streetlights.
C. Installations in the Public Right -of -Way. All Telecom Facilities proposed to be located in
the public right -of way shall comply with the provisions of Title 13. Antenna installations on
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an existing or replacement streetlight pole shall be compatible in design, scale, and
proportion to streetlights and the pole on which they are mounted.
D. Collocation Installations. A new Telecom Facility proposed within one thousand (1,000) feet
of an existing Telecom Facility shall be required to collocate on the same building or
structure as the existing Telecom Facility.
1. Exception: If the reviewing authority determines, based on compelling evidence
submitted by the applicant, that Collocation of one or more new Telecom Facilities
within one thousand (1,000) feet of an existing Telecom Facility is not Feasible, then
such Collocation shall not be required.
2. Condition Requiring Future Collocation. In approving a Telecom Facility, the review
authority may impose a condition of approval providing for future Collocation of
Telecom Facilities by other carriers at the same site.
20.49.060 — General Development and Design Standards.
A. General Criteria. All Telecom Facilities shall employ design techniques to minimize visual
impacts and provide appropriate screening to result in the least intrusive means of
providing the service. Such techniques shall be employed to make the installation,
appearance and operations of the Telecom Facility as visually inconspicuous as possible. To
the greatest extent Feasible, Telecom Facilities shall be designed to minimize the visual
impact of the Telecom Facility by means of location, placement, height, screening,
landscaping, and shall be compatible with existing architectural elements, building
materials, other building characteristics, and the surrounding area.
In addition to the other design standards of this Section, the following criteria shall be
considered by the review authority in connection with its processing of any MUP, CUP, LTP,
or ZC for a Telecom Facility:
1. Blending. The extent to which the proposed Telecom Facility blends into the
surrounding environment or is architecturally compatible and integrated into the
structure.
2. Screening. The extent to which the proposed Telecom Facility is concealed or screened
by existing or proposed new topography, vegetation, buildings or other structures.
3. Size. The total size of the proposed Telecom Facility, particularly in relation to
surrounding and supporting structures.
4. Location. Proposed Telecom Facilities shall be located so as to utilize existing natural or
man -made features in the vicinity of the Telecom Facility, including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening and blending with the predominant visual backdrop.
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B. Public View Protection. Telecom Facilities involving a site adjacent to an identified public
view point or corridor, as identified in General Plan Policy NR 20.3 (Public Views), shall be
reviewed to evaluate the potential impact to public views consistent with Section 20.30.100
(Public View Protection).
C. Height.
1. Telecom Facilities installed on buildings or other structures shall comply with the base
height limit established in Part 2 (Zoning Districts, Allowable Uses, and Zoning District
Standards) for the zoning district in which the Telecom Facility is located.
2. Applications for the installation of Telecom Facilities proposed to be greater than the
base height limit for the zoning district in which the Telecom Facility is located shall be
subject to review and action by the Planning Commission. The Planning Commission
may approve or conditionally approve a CUP for a Telecom Facility to exceed the base
height limit after making all of the required findings in Section 20.49.070.H (Permit
Review Procedures).
3. All Telecom Facilities shall comply with Antenna height restrictions, if any, required by
the Federal Aviation Administration, and shall comply with Section 20.30.060.E. (Airport
Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land Use
Commission (ALUC) Review Requirements) as may be in force at the time the Telecom
Facility is permitted or modified.
4. Antennas shall be installed at the minimum height possible to provide average service to
the Telecom Operator's proposed service area. In any case, no Antenna or other
telecom equipment or screening structure shall extend higher than the following
maximum height limits:
a. Telecom Facilities installed on streetlight standards, Utility Poles, Utility Towers
or other similar structures within the public right -of -way shall not exceed 35 feet
in height above the finished grade.
b. Telecom Facilities may be installed on existing Utility Poles or Utility Towers that
exceed 35 feet above the finished grade where the purposes of the existing
Utility Pole or Utility Tower is to carry electricity or provide other wireless data
transmission provided that the top of the Antenna does not extend above the
top of the Utility Pole or Utility Tower.
c. Telecom Facilities installed in ground- mounted flagpoles may be installed at a
maximum height of 35 feet.
D. Setbacks. Proposed Telecom Facilities shall comply with the required setback established
by the development standards for the zoning district in which the Telecom Facility is
`EM
M
proposed to be located. Setbacks shall be measured from the part of the Telecom Facility
closest to the applicable lot line or structure.
E. Design Techniques. Design techniques shall result in the installation of a Telecom Facility
that is in scale with the surrounding area, hides the installation from predominant views
from surrounding properties, and prevents the Telecom Facility from visually dominating
the surrounding area. Design techniques may include the following:
1. Screening elements to disguise, or otherwise hide the Telecom Facility from view from
surrounding uses.
2. Painting and /or coloring the Telecom Facility to blend into the predominant visual
backdrop.
3. Siting the Telecom Facility to utilize existing features (buildings, topography, vegetation,
etc.) to screen or hide the Telecom Facility.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the Telecom
Facility.
5. Providing Telecom Facilities of a size that, as determined by the City, is not visually
obtrusive such that any effort to screen the Telecom Facility would create greater visual
impacts than the Telecom Facility itself.
F. Screening Standards. For Collocation installations, the screening method shall be materially
similar to those used on the existing Telecom Facility, and shall not diminish the screening
of the Telecom Facility. If determined necessary by the review authority, use of other
improved and appropriate screening methods may be required to screen the Antennas and
Support Equipment from public view. The Following is a non - exclusive list of potential
design and screening techniques that should be considered:
1. For Class 1 (Stealth /Screened) Antenna Installations:
a. All Telecom Facility components, including all Antenna panels and Support
Equipment, shall be fully screened, and mounted either inside the building or
structure, or behind the proposed screening elements and not on the exterior face
of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding
visual environment. If determined necessary by the reviewing authority, screening
to avoid adverse impacts to views from land or buildings at higher elevations shall be
required.
c. In conditions where the Antennas and Support Equipment are installed within a new
freestanding structure, (an architectural feature such as a steeple, religious symbol
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19
or tower, cupola, clock tower, sign, etc.), the installation shall blend in the
predominant visual backdrop so it appears to be a decorative and attractive
architectural feature.
2. For Class 2 (Visible) Antenna Installations:
a. Building or structure mounted Antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of the
building to which the Antennas are mounted. No cables and mounting brackets or
any other associated equipment or wires shall be visible from above, below or the
side of the Antennas.
b. All Antenna components and Support Equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and /or
adjacent architecture so as to visually blend in with the surrounding development.
Subdued colors and non - reflective materials that blend with surrounding materials
and colors shall be used.
3. For Class 3 (Public Right -of -Way) Antenna Installations:
a. Whenever Feasible, new Antennas proposed to be installed in the public right -of-
way shall be placed on existing or replacement utility structures, light standards, or
other existing vertical structures. Antenna installations on existing or replacement
streetlight poles, traffic control standards, or Utility Poles shall be screened by
means of canisters, radomes, shrouds other screening measures whenever Feasible,
and treated with exterior coatings of a color and texture to match the existing pole.
b. If Antennas are proposed to be installed without screening, they shall be flush -
mounted to the pole and shall be treated with exterior coatings of a color and
texture to match the existing pole.
c. If a new pole is proposed to replace an existing pole, the replacement pole shall be
consistent with the size, shape, style and design of the existing pole, including any
attached light arms.
4. For Class 4 (Freestanding Structure) Antenna Installations:
a. For a false rock, the proposed screen structure shall match in scale and color other
rock outcroppings in the general vicinity of the proposed site. A false rock screen
may not be considered appropriate in areas that do not have natural rock
outcroppings.
b. The installation of a false tree (such as but without limitation a monopine or
monopalm, or false shrubbery) shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be situated
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20
so as to utilize existing natural or manmade features including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening. For false trees or shrubbery installations, all Antennas and Antenna
supports shall be contained within the canopy of the tree design, and other
vegetation comparable to that replicated in the proposed screen structure shall be
prevalent in the immediate vicinity of the antenna site, and the addition of new
comparable living vegetation may be necessary to enhance the false tree or
shrubbery screen structure.
c. For installations of a flagpole, the pole shall not exceed 24 inches in width at the
base of the flagpole and also shall not exceed 20 inches in width at the top of the
flagpole.
5. For Class 5 (Temporary) Antenna Installations:
a. A temporary Telecom Facility installation may require screening to reduce visual
impacts depending on the duration of the permit and the setting of the proposed
site. If screening methods are determined to be necessary by the review authority,
the appropriate screening methods will be determined through the permitting
process reflecting the temporary nature of the Telecom Facility.
6. Support Equipment. All Support Equipment associated with the operation of any
Telecom Facility shall be placed or mounted in the least visually obtrusive location
possible, and shall be screened from view.
a. Installations on Private Property. The following is a non - exclusive list of potential
screening techniques for Telecom Facilities located on private property:
(1) Building- Mounted Facilities. For building or structure - mounted Antenna
installations, Support Equipment for the Telecom Facility may be located inside
the building, in an underground vault, or on the roof of the building that the
Telecom Facility is located on, provided that both the equipment and any
screening materials are architecturally compatible and /or painted the color of
the building, roof, and /or surroundings thereby providing screening. If placed in
an underground vault, flush -to -grade vents, or vents that extend no more than
24 inches above the finished grade and are screened from public view may be
incorporated.
(2) Roof - Mounted Facilities. All screening materials for roof - mounted Telecom
Facilities shall be of a quality and design compatible with the architecture, color,
texture and materials of the building to which it is mounted. If determined
necessary by the review authority, screening to avoid adverse impacts to views
from land or buildings at higher elevations shall be required.
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21
(3) Freestanding Facilities. For freestanding Telecom Facilities installations, not
mounted on a building or structure, Support Equipment for the Telecom Facility
may be visually screened by locating the Support Equipment in a fully enclosed
building, in an underground vault, or in a security enclosure consisting of walls
and /or landscaping to effectively screen the Support Equipment at the time of
installation.
(4) All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
(5) Screening enclosures may utilize graffiti- resistant and climb- resistant vinyl -clad
chain link with a "closed- mesh" design (i.e. one -inch gaps) or may consist of an
alternate enclosure design approved by the review authority. In general, the
screening enclosure shall be made of non - reflective material and painted to
blend with surrounding materials and colors.
(6) If placed in an underground vault, flush -to -grade vents, or alternatively, vents
that extend no more than 24 inches above the finished grade and are screened
from public view may be utilized.
b. Installations in a Public Right -of -Way. The following is a non - exclusive list of
potential screening techniques for Telecom Facilities located in a public right -of -way:
(1) Where the existing utilities services (e.g., telephone, power, cable TV) are
located underground, the Support Equipment shall be placed underground,
consistent with Chapter 13.20. Flush -to -grade underground vault enclosures,
including flush -to -grade vents, or vents that extend no more than 24 inches
above the finished grade and are screened from public view may be
incorporated. Electrical meters required for the purpose of providing power for
the proposed Telecom Facility may be installed above ground on a pedestal in a
public right -of -way.
(2) Support equipment approved to be located above ground in a public right -of-
way shall be painted or otherwise coated to be visually compatible with the
existing or replacement pole, lighting and /or traffic signal equipment without
substantially increasing the width of the structure.
(3) All transmission or amplification equipment such as remote radio units, tower
mounted amplifiers and surge suppressors shall be mounted inside the
streetlight pole or traffic control standard without increasing the pole diameter
or shall be installed in a flush -to -grade vault enclosure adjacent to the base of
the pole.
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22
G. Night Lighting. Telecom Facilities shall not be lighted except for security lighting at the
lowest intensity necessary for that purpose or as may be recommended by the U.S. Flag
Code. Such lighting shall be shielded so that direct illumination does not directly shine on
nearby properties. The review authority shall consult with the Police Department regarding
proposed security lighting for Telecom Facilities on a case -by -case basis.
H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any
Telecom Facility except for small identification, address, warning, and similar information
plates. Such information plates shall be identified in the telecom application and shall be
subject to approval by the review authority. Signage required by state or federal regulations
shall be allowed in its smallest permissible size.
I. Nonconformities. A proposed Telecom Facility shall not create any new or increased
nonconformity as defined in the Zoning Code, such as, but not limited to, a reduction in
and /or elimination of, required parking, landscaping, or loading zones unless relief is sought
pursuant to applicable Zoning Code procedures.
J. Maintenance. The Telecom Operator shall be responsible for maintenance of the Telecom
Facility in a manner consistent with the original approval of the Telecom Facility, including
but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original permitted
condition.
2. All graffiti on any components of the Telecom Facility shall be removed promptly in
accordance the Newport Beach Municipal Code.
3. All landscaping required for the Telecom Facility shall be maintained in a healthy
condition at all times, and shall be promptly replaced if dead or dying.
4. All Telecom Facilities shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible contact number for reporting maintenance
problems to the Facility Operator.
6. If a flagpole is used for a Telecom Facility, flags shall be flown and shall be properly
maintained at all times. The use of the United States flag shall comply with the
provisions of the U.S. Flag Code (4 U.S.C. § 1 et seq.).
20.49.070 — Permit Review Procedures.
A. Application Procedures. Applications for Telecom Facilities shall be subject to Chapters
20.50, 20.52, and 20.54 unless otherwise modified by this Section.
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B. Permit Required. All Telecom Facilities shall obtain a MUP, CUP, LTP, or ZC if not prohibited
by subsection 20.49.050.13, depending on the Antenna Class and location, as specified in the
Table 4 -1:
Table 4 -1
Permit Requirements for Telecom Facilities
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require review
and action of a CUP by the Planning Commission.
(b) DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Facility complies with the screening requirements.
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
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Antenna Class and Permit Requirement
Class 1
Class 2
Class 3
Class 4
Class 5
Location of Proposed Telecom Facility
(a)
(a) (b)
(a) (b)
(a) (b)
(a)
Facility located in any Zoning District,
ZC
MUP
MUP
MUP
LTP
Planned Community, or Specific Plan within
150 feet of any Residential District or their
equivalent residential land use designation
within a Planned Community District or
Specific Plan.
Facility not located in the area identified in
ZC
MUP
MUP
CUP
LTP
Subsection 1 but located in or within 150
feet of Open Space Districts (OS), Public
Facilities Districts (PF), Parks and Recreation
Districts (PR), or their equivalent land use
designations within a Planned Community
District or Specific Plan.
Facility not located in the other areas
ZC
CUP
MUP
CUP
LTP
identified
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require review
and action of a CUP by the Planning Commission.
(b) DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Facility complies with the screening requirements.
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
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E. Review Process. Review of applications for all Telecom Facilities in City shall be consistent
with Chapter 20.50 (Permit Application Filing and Processing), and the FCC Declaratory
Ruling FCC 09 -99 ( "Shot Clock ") deadlines.
F. Review of Collocated Facilities. Notwithstanding any provision of this Chapter to the
contrary, pursuant to California Government Code section 65850.6 (as amended or
superseded), the addition of a new Telecom Facility to an existing Telecom Facility resulting
in the establishment of a Collocated Telecom Facility shall be allowed without a
discretionary review provided it meets section 20.49.100. If such a Collocated Telecom
Facility does not satisfy all of the requirements of Government Code section 65850.6 and
Section 20.49.100, the facility shall be reviewed pursuant the review procedures provided in
Table 4 -1.
G. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the Plans, Map, and Emission Standards
shall be sent to the Chief of the Newport Beach Police Department. The Police Department
or its designee shall review the plan's potential conflict with emergency communications.
The review may include a pre - installation test of the Telecom Facility to determine if any
interference exists. If the Police Department determines that the proposal has a high
probability that the Telecom Facility will interfere with emergency communications devices,
the applicant shall work with the Police Department to avoid interference.
H. Public Notice and Public Hearing Requirements. An application for a MUP, CUP or LTP shall
require a public notice, and a public hearing shall be conducted, in compliance with Chapter
20.62 (Public Hearings).
I. Required Findings for Telecom Facilities. The following findings shall apply to all Telecom
Facilities requiring discretionary review:
1. General. The review authority may approve or conditionally approve an application for
a Telecom Facility only after first finding each of the required findings for a MUP or CUP
pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an
LTP pursuant to Section 20.52.040 (Limited Term Permits), and each of the following:
a. The proposed Telecom Facility is visually compatible with the surrounding
neighborhood.
b. The proposed Telecom Facility complies with the technology, height, location and
design standards, as provided for in this Chapter.
c. An alternative site(s) located further from a Residential District, Public Park or Public
Facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the
proposed site.
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25
d. An alternative Antenna construction plan that would result in a higher priority
Antenna Class category for the proposed Telecom Facility is not available or
reasonably Feasible and desirable under the circumstances.
2. Findings to Increase Height. The review authority may approve, or conditionally approve
an application for a Telecom Facility which includes a request to exceed the base height
limit for the zoning district in which the Telecom Facility is located only after making
each of the following findings in addition to the required findings above, as well the
required findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use
Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term
Permits):
a. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed Telecom Facility and existing
adjacent developments or public spaces.
b. Establishment of the Telecom Facility at the requested height is necessary to provide
service.
20.49.080 — Permit Implementation, Time Limits, Extensions, and Appeals.
A. The process for implementation or "exercising" of permits issued for a Telecom Facility,
time limits, and extensions, shall be in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions).
B. Appeals. Any appeal of the decision of the review authority of an application for a Telecom
Facility shall be processed in compliance with Chapter 20.64 (Appeals).
20.49.090 — Agreement for Use of City -Owned or City -Held Trust Property.
When applying for a permit pursuant to this Chapter, all Telecom Facilities located on City -
owned or City -held trust property shall require a license agreement approved as to form by the
City Attorney, and as to substance (including, but not limited to, compensation, term, insurance
requirements, bonding requirements, and hold harmless provisions) by the City Manager,
consistent with provisions in the City Council Policy Manual.
Prior to entering into an agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon
the issuance of a MUP, CUP, LTP or ZC, as required, and upon entering into an agreement, the
applicant shall obtain any and all necessary ministerial permits, including, encroachment
permits for work to be completed in the public right -of -way, and building permits, etc. All costs
of said permits shall be at the sole and complete responsibility of the applicant. All work shall
be performed in accordance with the applicable City standards and requirements.
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26
20.49.100 — Modification of Existing Telecom Facilities.
Notwithstanding any provision in this Chapter of the Zoning Code, a request to modify an
existing Facility that involves the Collocation of new transmission equipment, the removal of
existing transmission equipment, or the replacement of existing transmission equipment shall
be subject to a ministerial review and approval of a ZC without the processing of any
discretionary permit provided that such modification does not substantially change the existing
Facility from the original permit for the Facility. A substantial change means a single change, or
series of changes over time that exceeds five percent (5 %) of the physical dimension of the
Telecom Facility approved as part of the original discretionary permit.
Each application submitted under this section for a modification to an existing Telecom Facility
shall be accompanied by:
1. A detailed description of the proposed modifications to the existing Telecom
Facility(ies);
2. A photograph or description of the Telecom Facility as originally constructed, if
available; a current photograph of the existing Telecom Facility; and, a graphic depiction
of the Telecom Facility after modification showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection with the
proposed modification; and
4. A written statement signed and stamped by a professional engineer, licensed and
qualified in California, attesting that the proposed modifications do not constitute a
substantial change of the existing permitted facility.
Any permit issued will be conditioned, and may be revoked, and the Telecom Facility shall be
required to be removed or restored to its pre- modification condition if:
a. Any material statement made with respect to the Telecom Facility is false; or
b. The modifications as actually made would have triggered a discretionary review.
20.49.110 —Operational and Radio Frequency Compliance and Emissions Report.
At all times, the operator shall ensure that its Telecom Facilities shall comply with the most
current regulatory, operations standards, and radio frequency emissions standards adopted by
the FCC. The operator shall be responsible for obtaining and maintaining the most current
information from the FCC regarding allowable radio frequency emissions and all other
applicable regulations and standards. Said information shall be made available by the operator
upon request at the discretion of the Community Development Director.
Within thirty (30) days after installation of a Telecom Facility, a radio frequency (RF) compliance
and emissions report prepared by a qualified RF engineer acceptable to the City shall be
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27
submitted in order to demonstrate that the Telecom Facility is operating at the approved
frequency and complies with FCC standards for radio frequency emissions safety as defined in
47 C.F.R. § 1.1307 et seq. Such report shall be based on actual field transmission measurements
of the Telecom Facility operating at its maximum effective radiated power level, rather than on
estimations or computer projections. If the report shows that the Telecom Facility does not
comply with the FCC's 'General Population /Uncontrolled Exposure' standard as defined in 47
C.F.R. § 1.1310 Note 2 to Table 1, the Director shall require that use of the Telecom Facility be
suspended until a new report has been submitted confirming such compliance.
Upon any proposed increase of at least ten percent (10 %) in the effective radiated power or any
proposed change in frequency use of the Telecom Facility by the Telecom Operator, the
Telecom Operator shall be required to provide an updated, certified radio frequency (RF)
compliance and RF emissions safety report.
A qualified independent radio frequency engineer selected and under contract to the City, may
be retained to review said certifications for compliance with FCC regulations. All costs
associated with the City's review of these certifications shall be the responsibility of the
permittee, which shall promptly reimburse City for the cost of the review.
20.49.120 — Right to Review or Revoke Permit.
The reservation of right to review any permit for a Telecom Facility granted by the City is in
addition to, and not in lieu of, the right of the City to review and revoke or modify any permit
granted or approved hereunder for any violations of the conditions imposed on such permit.
20.49.130 — Removal of Telecom Facilities.
A. Discontinued Use. Any Telecom Operator who intends to abandon or discontinue use of a
Telecom Facility must notify the Community Development Director by certified mail no less
than thirty (30) days prior to such abandonment or discontinuance of use. The Telecom
Operator or owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved by
the Community Development Director, within which to complete one of the following
actions:
1. Reactivate use of the Telecom Facility.
2. Transfer the rights to use the Telecom Facility to another Telecom Operator and the
Telecom Operator immediately commences use within a reasonable period of time as
determined by the Community Development Director.
3. Remove the Telecom Facility and restore the site.
B. Abandonment. Any Telecom Facility that is not operated for transmission and /or reception
for a continuous period of ninety (90) days or whose Telecom Operator did not remove the
Telecom Facility in accordance with Subsection A shall be deemed abandoned. Upon a
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28
finding of abandonment, the City shall provide notice to the Telecom Operator last known
to use such Facility and, if applicable, the owner of the affected real property, providing
thirty days from the date of the notice within which to complete one of the following
actions:
1. Reactivate use of the Telecom Facility.
2. Transfer the rights to use the Telecom Facility to another Telecom Operator who has
agreed to reactivate the Telecom Facility within 30 days of the transfer.
3. Remove the Telecom Facility and restore the site.
C. Removal by City.
1. The City may remove an abandoned Telecom Facility, repair any and all damage to the
premises caused by such removal, and otherwise restore the premises as is appropriate
to be in compliance with applicable codes at any time after thirty (30) days following the
notice of abandonment.
2. If the City removes an abandoned Telecom Facility, the City may, but shall not be
required to, store the removed Telecom Facility or any part thereof. The owner of the
premises upon which the abandoned Telecom Facility was located and all prior
operators of the Telecom Facility shall be jointly liable for the entire cost of such
removal, repair, restoration and storage, and shall remit payment to the City promptly
after demand therefore is made. In addition, the City Council, at its option, may utilize
any financial security required in conjunction with granting the telecom permit as
reimbursement for such costs. Also, in lieu of storing the removed Telecom Facility, the
City may convert it to the City's use, sell it, or dispose of it in any manner deemed by the
City to be appropriate.
D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in
full, a lien shall be placed on the abandoned personal property and any real property on
which the Telecom Facility was located for the full amount of the cost of removal, repair,
restoration and storage. The City Clerk shall cause the lien to be recorded with the Orange
County Recorder, with the costs of filing, processing, and release of such City Lien being
added to the other costs listed in this subsection.
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29
Intentionally Blank
30
ATTACHMENT PC 2
Comment Letters
31
Intentionally Blank
32
PCIA
July 19, 2012
VIA ELECTRONIC MAIL
Newport Beach Planning Commission
c/o Janet Johnson Brown, Associate Planner
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
jbrown @newportbeachca.gov
Re: Proposed Amendments to Wireless Telecommunications Facilities Ordinance
Dear Ms. Brown,
'cal
wa
PCIA —The Wireless Infrastructure Association ( "PCIA" )l and the California Wireless
Association ( "CalWA ")2 writes to provide comment on the City of Newport Beach's proposed
amendment to the Newport Beach Municipal Code to update regulations regarding wireless
telecommunications facilities in light of the scheduled public hearing on the matter before the
Planning Commission on Thursday, July 19, 2012. Attached please find the proposed
amendments marked with comments. PCIA and CalWA respectfully request that Planning
Commission defer action on this item until the industry has had an opportunity to sit down with
staff and discuss the concerns reflected within this letter and in the attached mark -up.
PCIA and CalWA applaud the City of Newport Beach for recognizing that there have
been numerous changes in Federal and State law regarding local regulation of wireless facilities,
as well as a tremendous increase in the demand for wireless services that required the industry to
change how it responds and keeps up with demand from its subscribers, especially in
sophisticated communities like Newport Beach. We encourage the City to craft an ordinance that
enables logical and intelligent deployment with an objective set of standards that comply with
state and federal law and allows the timely provision of quality wireless service. To this end, in
order to ensure that Newport Beach's efforts to modernize its wireless ordinance are as
comprehensive as possible, PCIA and CalWA offer the attached mark -up of the draft
amendments.
'PCIA is the national trade association representing the wireless infrastructure industry. PCIA's members develop,
own, manage, and operate towers, rooftop wireless sites, and other facilities for the provision of all types of wireless,
broadcasting and telecommunications services. With a mandate to facilitate the deployment of wireless
infrastructure, PCIA and its members partner with communities across the nation to effect solutions for wireless
infrastructure deployment that are responsive to the unique sensitivities and concerns of these communities.
'CaIWA is a non -profit organization made up of volunteers who work in the wireless /telecommunications industry
throughout California. Its goal is to raise awareness about the benefits of and to promote the wireless industry, to
educate the public and political leaders on issues of importance to the wireless industry, and to cultivate working
relationships within and between the industry, the public and political leaders.
33
PCIA
4
calwa
Despite the importance of wireless services and its potential for job creation, local review
of the placement of wireless facilities remains a persistent barrier to the deployment of wireless
infrastructure. For example, the proposed amendments to Newport Beach's Municipal Code
could better facilitate the deployment of wireless infrastructure in order to bring wireless service
to Newport Beach's residents. PCIA and CalWA hope to work together with the Planning
Commission to find a solution for wireless infrastructure deployment that is responsive to the
City of Newport Beach's needs and concerns. For this reason, PCIA and CalWA urge that
Planning Commission defer action on this item to allow time to consider and discuss the
industry's concerns.
The Need for Wireless Infrastructure
Wireless services, from basic voice communication to mobile broadband, enable
communication, productivity, mobility, and public safety. Wireless infrastructure is the backbone
of wireless networks; without it, wireless services cannot be delivered to users. Wireless
infrastructure enables use of spectrum by providing the vital link between the end -user and the
network. The strategic deployment of wireless infrastructure improves the efficient use of limited
spectrum resources, which in turn improves the performance of wireless services.
Wireless providers are currently undertaking a multi- faceted effort to deliver next -
generation wireless services, such as 4G LTE, in addition to ensuring that current and next -
generation networks have the capacity to handle the surge in traffic that comes with the increased
adoption rates of smartphones, tablets and other data devices. Wireless networks must adapt to
growing capacity demands due to an 1,800 percent increase in traffic on U.S. wireless networks
in the last four years and a projected growth of eighteen times current levels of mobile data
traffic in the next five years.4 Mobile Internet users are projected to outnumber wireline Internet
users by 2015, when a majority of Americans will utilize a wireless device as their primary
internet access tools This will result in two billion networked mobile devices by 2015.6
The need for rapid deployment extends beyond mere consumer convenience. More than
70 percent of all emergency calls are placed using a wireless device .7 The ability to access fire,
rescue and police services may be significantly hindered without wireless infrastructure,
especially for those relying on wireless as their sole form of voice communications. As noted by
the Federal Communications Commission ( "FCC "),
[T]he deployment of facilities without unreasonable delay is vital to promote public
safety, including the availability of wireless 911, throughout the nation. The importance
of wireless communications for public safety is critical, especially as consumers
'Mobile Future, 2011 Mobile Year In Review (Dec. 2011), available at http://mobilefuture.org/page/- /images /2011-
MYIR.pdf.
Quentin Hardy, The Explosion of Mobile Video, N.Y. Times, Feb. 14, 2012, available at
http : //bits.blogs.nytimes.com/2012 /02/14 /the- explosion -of- mobile- video /.
s Hayley Tsukayama, IDC: Mobile Internet Users to Outnumber Wireline Users by 2015, Washington Post, Sept. 12,
2011, available at http : / /www.washingtonpost.com/blogs /post - tech/post/idc- mobile- intemet- users -to- outnumber-
wireline- users -by- 2015 12011 /09 /12 /gIQAkZP7MK_blog.html ?wprss =post -tech.
' Mobile Future, 2011 Mobile Year In Review.
7 FCC.gov, Guide: Wireless 911 Services, available at http: / /www.fcc.gov /guides /wireless -911- services.
34
PCIA
calwa
increasingly rely upon their personal wireless service devices as their primary method of
communication.
8
As NENA observes:
Calls must be able to be made from as many locations as possible and dropped calls must
be prevented. This is especially true for wireless 9 -1 -1 calls which must get through to
the right Public Safety Answering Point ( "PSAP ") and must be as accurate as technically
possible to ensure an effective response. Increased availability and reliability of
commercial and public safety wireless service, along with improved 9 -1 -1 location
accuracy, all depend on the presence of sufficient wireless towers.9
For this reason, decisions on siting requests made by the personal wireless service industry were
not intended by Congress to be subjected "to any but the generally applicable time frames for
zoning decision [s].i10 Thus, the adoption of special procedural schemes unique to wireless siting
requests should be avoided.
The FCC Shotclock Declaratory Ruling and the California Permit Streamlining Act
In addition to the provisions of Section 337(c)(7) of the Communications Act of 1934
referred to in the staff report, subsection (13)(ii) of that section contains another requirement that
the City should keep in mind when crafting its new ordinance. That provision requires that a
"local government or instrumentality thereof shall act on any request for authorization to place,
construct, or modify personal wireless service facilities within a reasonable period of time after
the request is duly filed with such government or instrumentality, taking into account the nature
and scope of such request."
The FCC recently adopted a Declaratory Ruling on November 18, 2009 under this
subsection holding that "a `reasonable period of time' is, presumptively, 90 days to process
personal wireless service facility siting applications requesting collocations, and, also
presumptively, 150 days to process all other applications. "'' Given the rate at which demand for
advanced wireless services has been growing, and in particular the growth in the demand for
bandwidth as a result of adoption of smart phones and wireless - enabled laptops and tablets, the
need for speedy local approvals of proposed wireless deployments has become truly critical to
providing the wireless services consumers demand.
Indeed, the FCC's presumptive timeframe for action may be superfluous given that
California law has, for decades, contained absolute deadlines by which action must be taken. As
you are no doubt aware, the California Permit Streamlining Act imposes a 60 -day time limit for
approving or denying a requested permit after a project has been determined to be categorically
s Petition for Declaratory Ruling To Clark Provisions of Section 332(C)(7)(B) To Ensure Timely Siting Review and
To Preempt Under Section 253 State and Local Ordinances That Classify All Wireless Siting Proposals as
Requiring a Variance, Declaratory Ruling, 24 FCC Rcd 13994, 14021 ¶ 71 (2009) ( "Shot Clock Ruling "), recon.
denied, 25 FCC Rcd 11157 (2010), affd, City of Arlington, Tex., et al. v. FCC, 2012 U.S. App. LEXIS 1252 (5th
Cir. 2012).
'Shot Clock Ruling, at 36.
0 H.R. Conf. Rep. No. 104 -458, 104th Congress, 2nd Sess. 208 (1996).
" Shotclock Ruling.
35
4
4
PCIA calwa
exempt from CEQA12 or a negative declaration or mitigated negative declaration has been
adopted. 13
The Wireless Provisions in Middle Class Tax Relief and Job Creation Act of 2012
Staff failed to mention the Middle Class Tax Relief and Job Creation Act of 2012,
enacted with bipartisan support and signed into law by President Obama on February 22, 2012.
One of the measures included in the Act was the creation of a nationwide interoperable
broadband network for first responders. In addition to authorizing the FCC to allocate necessary
spectrum for this new interoperable network, the Act also contained provisions designed to
establish voluntary incentive auctions of wireless spectrum, which are expected to raise $15
billion over the next eleven years. Seven billion dollars of the auction proceeds have been
allocated for public safety broadband network build out.
The Act reflects an implicit acknowledgement that realizing the financial viability of the
spectrum auctioned depends on the ease with which purchasers can deploy the infrastructure
needed to utilize it. At the same time, it allays local concerns over the potential impact of the
construction of new sites. In a carefully crafted attempt to address both industry and local
concerns, Section 6409 of the Act streamlines, and thereby incentivizes the use of, modification
of existing sites in lieu of new builds. Although the staff proposals reflect a similar recognition
of the need for streamlined review of modifications, PCIA and Ca1WA provide herewith a
detailed explanation of this recent law due to concerns that the definitions provided in the report
fail to reflect those adopted and utilized by the FCC.
Section 6409 of the Act requires state and local governments to approve an eligible
facilities request for the modification of an existing wireless tower or base station that does not
substantially change the physical dimensions of such tower or base station. Section 6409 applies
to "eligible facilities requests" for modification of existing wireless towers and base stations. The
Act defines "eligible facilities request" as any request for modification of an existing wireless
tower or base station that involves:
• Collocation of new transmission equipment;
• Removal of transmission equipment; or
• Replacement of transmission equipment.
Many of the terms employed in the section are concepts that were hammered out in negotiations
between local government and industry representatives in an agreement that was adopted by
reference in regulations promulgated by the FCC. Thus, for example, "collocation" has been
defined as "the mounting or installation of an antenna on an existing tower, building or structure
for the purpose of transmitting and /or receiving radio frequency signals for communications
purposes." 14
12 Gov. Code § 65950(a)(4).
"Gov. Code § 65950(a)(3).
14 Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (2001), available at 47
C.F.R. Part I, Appendix B ( "Collocation Agreement "). See also Petition for Declaratory Ruling To Clarify
Provisions ofSection 332(C)(7)(B) To Ensure Timely Siting Review and To Preempt Under Section 253 State
and Local Ordinances That Classy All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, 24
El
36
PCIA
4
calwa
The same agreement also addressed the issue of what constitutes a substantial change in the
size of a tower:
The mounting of the proposed antenna on the tower would increase the existing height of the
tower by more than 10 %, or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if
necessary to avoid interference with existing antennas; or
The mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved, not to exceed four,
or more than one new equipment shelter; or
The mounting of the proposed antenna would involve adding an appurtenance to the body of
the tower that would protrude from the edge of the tower more than twenty feet, or more than
the width of the tower structure at the level of the appurtenance, whichever is greater, except
that the mounting of the proposed antenna may exceed the size limits set forth in this
paragraph if necessary to shelter the antenna from inclement weather or to connect the
antenna to the tower via cable; or
The mounting of the proposed antenna would involve excavation outside the current tower
site, defined as the current boundaries of the leased or owned property surrounding the tower
and any access or utility easements currently related to the site. 15
In this agreement, a "tower" is defined as "any structure built for the sole or primary purpose of
supporting FCC - licensed antennas and their associated facilities. 16 While the concept of a "base
station" is not referenced in the agreement, the term has a long - established meaning consistently
used throughout both FCC regulations and case law, namely a fixed location from which
wireless signals are transmitted. For example, FCC regulations define a "base station" as "[a]
station at a specified site authorized to communicate with mobile stations;" or "A land station in
the land mobile service." 17 We urge the Planning Commission to use these well recognized
definitions within its Ordinance.
FCC Red 13994, 14021 1171 (2009) ( "Shot Clock Ruling "), recon. denied, 25 FCC Red 11157 (2010), affil, City
of Arlington, Tex., et al. v. FCC, 2012 U.S. App. LEXIS 1252 (5th Cit. 2012).
"Collocation Agreement, note, above.
16 Id.
"See, e.g., 47 C.F.R. § §24.5, 90.7.
37
PCIA
Conclusion
calwa
Reliable wireless communications are no longer a luxury. Wireless facilities provide a
platform for broadband accessibility, creating a link from the City of Newport Beach to the
world through high -speed Internet access. The City of Newport Beach has an opportunity to
facilitate expanded wireless coverage to its citizens, businesses, and first responders by moving
forward with amending its code in consideration of the wireless infrastructure industries'
suggestions provided herewith.
PCIA and CalWA hope to participate in the ordinance revision process as it develops, if
Planning Commission defers action on this item to consider the industry's concerns. We
appreciate your support to further our mutual goal of implementing and deploying responsible
and timely wireless infrastructure to serve the City of Newport Beach, CA.
Sincerely,
/s/
Julian Quattlebaum
Co- Chair, Regulatory Committee
California Wireless Association (CalWA)
800 S. Pacific Coast Hwy # 448
Redondo Beach, CA 90277
310 - 356 -6950
jq @channellawgroup.com
/s/
Sean Scully
Co- Chair, Regulatory Committee
California Wireless Association (CalWA)
800 S. Pacific Coast Hwy # 448
Redondo Beach, CA 90277
818 - 426 -6028
permittech @verizon.net
/s/
Kara Leibin Azocar
Government Affairs Counsel
PCIA —The Wireless Infrastructure Association
901 N. Washington St., Suite 600
Alexandria, VA 22314
703 -535 -7451
Kara.Azocar@pcia.com
38
From: Cynthia Jolly [cynthia @mobilitie.com]
Sent: Wednesday, July 24, 2013 3:23 PM
To: Campbell, James
Cc: Chris Glass
Subject: RE: Newport Beach Telecom Ordinance update
Attachments: Newport Beach Draft Telecom ordinance 2013 - Mobilitie LLC
Comments.docx
Jim,
Attached are Mobilitie's comments to the Newport Beach Draft Telecom ordinance. We welcome the
opportunity to discuss if you have questions prior to the planned Planning Commission study session on
August 8`h
Thank you,
Cyndi Jolly I Director, Network Strategy
c nthia mobilitie.com _
60eem Cen er Driv elute
660 Newport Center Drive Suite 200 1 Newport Beach, CA 92660
949 - 717 -6018 tel 1 949 -689 -5029 mobile
www.mobilitie.com
CONFIDENTIALITY NOTICE I The email message is for the exclusive use of the addressee(s) and contains confidential,
privileged and non - disclosable information. If the recipient of this message is not the addressee, or a person responsible
for delivering the message to the addressee, such recipient is prohibited from reading or using this message in any way. If
you have received this message by mistake, please call us immediately and destroy the email message.
Mobilitie is a trademark or registered trademark of Mobilitie, LLC in the U.S. and other countries.
39
Chapter 20.49 — Wireless Telecommunications Facilities
Sections
20.49.010 — Purpose
20.49.020 — Effect of Chapter
General Provisions
20.49.030 — Definitions
20.49.040 — Available Technology
20.49.050 —Location Preferences
20.49.060 — General Development and Design Standards
20.49.070— Permit Review Procedures
20.49.080— Permit Implementation, Time Limits, Duration, and Appeals
20.49.090— Agreement for Use of City -owned or City -held Trust Property
20.49.100— Modification of Existing Telecom Facilities
20.49.110 — Operational and Radio Frequency Compliance and Emissions Report
20.49.120 — Right to Review or Revoke Permit
20.49.130 — Removal of Telecom Facilities
20.49.010 — Purpose
A. The purpose of this Chapter is to provide for wireless telecommunication facilities
( "T^l^^^^^ P^Giliti ' [ "TELECOM FACILITY" IS DEFINED IN THE DEFINITIONS SECTION
BELOWI on public and private property consistent with state and federal law while ensuring
public safety, reducing the visual effects of telecom equipment on public streetscapes,
protecting scenic, ocean and coastal public views, and otherwise mitigating the impacts of
such facilities. More specifically, the regulations contained herein are intended to; 1)
encourage the location of Antennas in non - residential areas, 2) encourage Collocation at
new and existing Antenna sites, and 3) encourage Telecom Facilities to be located in areas
where adverse visual impacts on the community and public views are minimized.
B. The provisions of this Chapter are not intended and shall not be interpreted to prohibit or
to have the effect of prohibiting telecom services. This Chapter shall be applied to
providers, operators, and maintainers of wireless services regardless of whether authorized
by state or federal regulations. This Chapter shall not be applied in such a manner as to
unreasonably discriminate among providers of functionally equivalent telecom services.
C. All Telecom Facilities approved under this Chapter shall utilize the waqt ^FFi^i^^. ^ ^d Part
ebtF givp a vailabl^commercially reasonable technology in order to minimize the number of
Telecom Facilities in the City and reduce their visual impact on the community and public
views.
[WHAT DOES LEAST OBTRUSIVE TECHNOLOGY MEAN AND HOW CAN THIS STANDARD
MINIMIZE THE NUMBER OF TELECOM FACILITIES? "MOST EFFICIENT" AND "LEAST
OBTRUSIVE" REQUIREMENTS CAN CONTRADICT EACH OTHER (YOU CAN'T ALWAYS
ACCOMPLISH BOTH AND WILL ELIMINATE FUTURE COLLOCATION OPPORTUNITIES).
Page I1
40
DESIGNING A SITE FOR FUTURE COLLOCATION WILL MINIMIZE THE NUMBER OF TELECOM
FACILITIES.1
20.49.020 — Effect of Chapter
A. Regulatory Scope. These regulations are applicable to all Telecom Facilities providing voice
and /or data transmission such as, but not limited to, cell phone, internet and radio relay
stations.
B. Permit and /or Agreement Required. Prior to construction of any Telecom Facility in the
City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP),
Limited Term Permit (LTP), or Zoning Clearance (ZC), [ARE THERE CIRCUMSTANCES WHERE
AN AUTHORIZATION /APPROVAL OTHER THAN THE FOREGOING IS REQUIRED? IF SO, THEN
INCLUDE HERE "or other authorization or approval required under the Municipal Code, "I
depending on the proposed location, and Antenna Class, and ...,..hed e`,.,.ta4a.,, . WHAT
DOES "METHOD OF INSTALLATION" MEAN? THE PERMIT TYPE WOULD BE BASED ON HOW
THE TELECOM FACILITY IS ENGINEERED /DESIGNED, NOT ON HOW THE TELECOM FACILITY IS
INSTALLED BY THE CONTRACTOR.1, in accordance with Section 20.49.070 (Permit Review
Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment permit, if
required) for any Telecom Facility approved to be located on any City -owned property or
City -held Trust property, shall enter into an agreement prepared and executed by the City
Manager or its designee prior to construction of the Telecom Facility, consistent with
Section 20.49.090 (Agreement for Use of City -owned or City -held Trust Property).
C. Exempt Facilities. The following types of facilities are exempt from the provisions of this
Chapter:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen band radio
antennas regulated by Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
2. Dish and other antennas subject to the FCC Over - the -Air Reception Devices ( "OTARD ")
rule, 47 C.F.R. § 1.4000 that are designed and used to receive video programming
signals from (a) direct broadcast satellite services, or (b) television broadcast stations, or
(c) for wireless cable service.
3. During an emergency, as defined by Title 2 of the NBMC, the City Manager, Director of
Emergency Services or Assistant Director of Emergency Services shall have the authority
to approve the placement of a Telecom Facility in any district on a temporary basis not
exceeding ninety (90) calendar days from the date of authorization. Such authorization
may be extended by the City on a showing of good cause.
4. Facilities exempt from some or all of the provisions of this Chapter by operation of state
or federal law to the extent so determined by the City.
Page 12
41
5. Systems installed or operated at the direction of the City or its contractor.
6. Systems installed entirely within buildings for the sole purpose of providing wireless
telecommunications services or data transmission services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this Chapter, all Telecom Facilities
within the City shall comply with the following requirements:
1. Rules, regulations, "for conditions in any permit, license, or agreement issued by
a local, state or federal agency which has jurisdiction over the Telecom Facility.
2. Rules, regulations and standards of the Federal Communications Commission (FCC) and
the California Public Utilities Commission (CPUC).
E. Regulations not in Conflict or Preempted. All Telecom Facilities within the City shall comply
with the following requirements unless in conflict with or preempted by the provisions of
this Chapter or any other provision of the Municipal Code:
1. All applicable City design guidelines and standards. [HOW DO WE KNOW WHICH
GUIDELINES AND STANDARDS ARE APPLICABLE? TOO BROAD.]
2. Requirements established by any other provision of the Municipal Code and by any
other ordinance and regulation of the City.
F. Legal Nonconforming Telecom Facility. Any Telecom Facility that is lawfully constructed,
erected, or approved pursuant to an application that was complete prior to the effective
date of this Chapter that does not conform to the requirements of this Chapter but is
otherwiseepeFat_ *Hg in compliance with all applicable laws, and which Far"" • Fees net
..f...m t.. the Feq6IiFeFAeRts ..f this GhapteF shall be accepted and allowed as a legal
nonconforming Telecom Facility ifAther-w:se appFaved and ,.9..64- l.ted. Legal
nonconforming Telecom Facilities shall comply at all times with the laws, ordinances, and
regulations in effect at the time the application was deemed complete,
f. deffal ;;Rd rt..t„ laws as they may "i, a Ri4pp] aF eHaeted, and shall at all times comply
with any conditions of approval authorized under the Municipal Code.
20.49.030 — Definitions.
For the purposes of this Chapter, the following definitions shall apply:
A. Antenna. Antenna means a device used to transmit and /or receive radio or
electromagnetic waves between earth and /or satellite -based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, Antennas, arrays, or other similar antennas
or devices.
B. Antenna Array. Antenna Array means Antennas having transmission and /or reception
elements extending in more than one direction, and directional Antennas mounted upon
Page 13
42
and rotated through a vertical mast or tower interconnecting the beam and Antenna
support, all of which elements are deemed to be part of the Antenna.
C. Antenna Classes. Antenna Classes are Telecom Facilities and the attendant Support
Equipment separated into the following distinct classes:
1. Class 1 (Stealth /Screened): a Telecom Facility with Antennas mounted on an existing or
proposed non - residential building or other structure not primarily intended to be an
antenna support structure where Antennas and Support Equipment, including the base
station, are 441y -_ _screened so that they are not visible to the general public.
2. Class 2 (Visible): a Telecom Facility that does not fall into Class 1 with Antennas
mounted on an existing non - residential building, structure, pole, light standard, Utility
Tower, Wireless Tower and /or Lattice Tower.
3. Class 3 (Public Right -of -Way Installations): a Telecom Facility that does not fall into Class
1 or 2 with Antennas installed on an existing or proposed structure located in the public
right -of -way.
4. Class 4 (Freestanding Structure): a Telecom Facility that does not fall into Class 1, 2 or 3
with Antennas mounted on a new freestanding structure constructed for the sole or
primary purpose of supporting the Telecom Facility.
S. Class 5 (Temporary): a Telecom Facility that may fall into Class 1, 2, 3 or 4' "with
associated Support Equipment that is installed at a site on a temporary basis pursuant
to a Limited Term Permit. A Class 5 installation may also be installed in connection with
a special event upon the approval of a Special Events Permit pursuant to Chapter 11.03
without a Limited Term Permit.
D. Base Station. Base Station means the electronic equipment at a Telecom Facility installed
and operated by the Telecom Operator that together perform the initial signal transmission
and signal control functions. Base Station does not include the Antennas and Antenna
support structure, or the Support Equipment, nor does it include any portion of DAS.
E. City -owned or City -held Trust Property. City -owned or City -held Trust Property means all
real property and improvements owned, operated or controlled by the City, other than the
public right -of -way, within the City's jurisdiction, including but is not limited to City Hall,
Police and Fire facilities, recreational facilities, parks, libraries, monuments, signs,
streetlights and traffic control standards.
F. Collocation. Collocation means an arrangement whereby R+6444--Telecom Facilities are
installed for more than one wireless service provider or operator on the same building or
structure.
G. Distributed Antenna System, DAS. Distributed Antenna System (DAS) means a network of
one or more Antennas and fiber optic nodes typically mounted to streetlight poles, or utility
Page 14
43
structures, which provide access and signal transfer services to one or more third -party
wireless service providers. DAS also includes the equipment location, sometimes called a
"hub" or "hotel" where the DAS network is interconnected with third -party wireless service
providers to provide the signal transfer services.
H. FCC. FCC means the Federal Communications Commission, the federal regulatory agency
charged with regulating interstate and international communications by radio, television,
wire, satellite, and cable.
I. Feasible. Feasible means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, engineering,
structural, legal and technological factors.
J. Lattice Tower. Lattice Tower means a freestanding open framework structure used to
support Antennas, typically with three or four support legs of open metal crossbeams or
crossbars.
K. Monopole. Monopole means a single free - standing pole or pole -based structure solely
used to act as or support a Telecom Antenna or Antenna Arrays.
L. Operator or Telecom Operator. Operator or Telecom Operator means any person, firm,
corporation, company, or other entity that directly or indirectly owns, leases, runs,
manages, or otherwise controls a Telecom Facility ^rwithin the City.
[DIFFERENTIATE BETWEEN OPERATOR OF THE TELECOM FACILITY AND THE TELECOM
OPERATOR (TELECOM FACILITY OWNER VS. TELECOM FACILITY TENANT /CARRIER).
TELECOM FACILITY OWNER OPERATES AND MAINTAINS THE TELECOM FACILITY, BUT THE
TELECOM FACILITY TENANT /CARRIER (WHO LEASE FROM TELECOM FACILITY OWNERS) MAY
HOLD A SEPARATE PERMIT FOR THEIR EQUIPMENT AND ARE RESPONSIBLE FOR
COMPLIANCE WITH THE FCC AND WOULD SUPPLY THE RF EMISSION SAFETY REPORTS
(REFERENCE SECTION 20.49.110).
NOTE: TELECOM FACILITY OWNERS GENERALLY REQUIRE IN THEIR CARRIER AGREEMENTS
THAT THESE ARE COMPLIED WITH.I
PA. Publie Right of Way. Publie Right ef Way 9F ("PROW") meaRs the impFeved eF bIRiMPFeVPd
swfaee of aRy stFeet 8F SiFRil@F pHbl,. way of aRy RatHFe ,J..,meated eF i........yed faF
.....- i
1., - .II..,,. sidpyvali... .RediaRS PaFI,,.•_.,S and land.-,-.,ped I..t.. (PROW IS DEFINED IN
TITLE 13.
N-.M. Stealth or Stealth Telecom Facility. Stealth or Stealth Telecom Facility means a Telecom
Facility in which the Antenna, and the Support Equipment, are completely hidden from view
in a monument, cupola, pole -based structure, or other concealing structure which either
mimics, or which also serves as, a natural or architectural feature. Concealing structures
Page 15
44
which are obviously not such a natural or architectural feature to the average observer do
not qualify within this definition. A false tree is not a Stealth Telecom Facility.
Q-.N_Support Equipment. Support Equipment means the physical, electrical and /or
electronic equipment included within a Telecom Facility used to house, power, and /or
contribute to the processing of signals from or to the Telecom Facility's Antenna or
Antennas, including but not limited to a base station, cabling, air conditioning units,
equipment cabinets, pedestals, and electric service meters. Support Equipment does not
include DAS, Antennas or the building or structure to which the Antennas or other
equipment are attached.
XO_ Telecom munication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility-- s-- rae;::R (FACILITY IS DEFINED IN TITLE 131.
Telecom munication(s) Facility, Telecom Facility, Telecom Facilities, or Wireless
Telecommunications Facility, ^- SOFRPI • F @Cilit • B• P^G"'t'^s means an installation that sends
and /or receives wireless radio frequency signals or electromagnetic waves, including but
not limited to directional, omni - directional and parabolic antennas, structures or towers to
support receiving and /or transmitting devices, supporting equipment and structures, and
the '^A1' AF 4H_Ir••°P A vhish they aFe all situated The term does not include mobile
transmitting devices, such as vehicle or hand held radios /telephones and their associated
transmitting antennas.
¢P_Utility Pole. Utility Pole means a single freestanding pole used to support services
provided by a public or private utility provider.
F-.Q. Utility Tower. Utility Tower shall mean an open framework structure (see lattice tower)
or steel pole used to support electric transmission facilities.
&R. Wireless Tower. Wireless Tower means any structure built for the sole or primary
purpose of supporting Antennas used to provide wireless services authorized by the FCC. A
Distributed Antenna System (DAS) installed PUFSUaRt •e ^ GeFt.f;..^.^ ,.f 419 ; . C=RR ,,...;,.,..,.
..a ni,.GeSSity /rornn OSSWed by the r^cf,....,^ ❑,.tic,. i itiliti g I'.....M 0990AR on a water tower,
utility tower, street light, or other structures built or rebuilt or replaced primarily for a
purpose other than supporting wireless services authorized by the FCC, including any
structure installed pursuant to California Public Utility Code Section 7901, is not a Wireless
Tower for purposes of this definition. For an example only, a prior- existing light standard
which is replaced with a new light standard to permit the addition of Antennas shall not be
considered a Wireless Tower, but rather a replacement light standard. [REFERENCE
20.49.050 (B)(4) BELOW.1
20.49.050 — Location Preferences.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or
individual Telecom Facilities in the City, the following list establishes the order of preference
.O
M,
for the location and installation of Telecom Facilities, from highest priority location and
technique to lowest.
��. rsirres�rr. �:+ :*,.� ■�xa.:t:,::1.R:�rrss,�rn.�
2. Class 1.
3. Class 2.
4. Class 3.
5. Class 4.
6. Class 5.
B. Prohibited Locations. Telecom Facilities are prohibited in the following locations to the
extent such prohibitions are not inconsistent with federal and state law:
1. On properties zoned for single -unit or two -unit residential development, including
equivalent PC District designation.
2. On properties zoned for multi -unit residential development and mixed -use development
where the maximum allowable number of dwelling units is four (4) units.
3. In the Open Space (OS) zoning district, unless Telecom Facilities are collocated on an
existing Utility Tower within a utility easement area, or collocated on an existing
Telecom Facility. [CAN AN EXISTING TELECOM FACILITY IN THE OS ZONING DISTRICT BE
MODIFIED FOR COLLOCATION IF THE CURRENT DESIGN IS INADEQUATE (I.E. INCREASE
STRUCTURE HEIGHT AND /OR GROUND SPACE) ?l
[THE DEFINITION OF WIRELESS TOWER INCLUDES STREET LIGHTS AND IS REFERENCED IN
CLASS 3 OF PREFERRED LOCATIONS, BUT ARE LISTED HERE AS A PROHIBITED LOCATION.
C. Installations in the Public Right -of -Way. All Telecom Facilities proposed to be located in
the public right -of way shall comply with the provisions of Title 13. Antenna installations on
an existing or replacement streetlight pole shall be compatible in design, scale, and
proportion to streetlights and the pole on which they are mounted.
D. Collocation Installations. A new Telecom Facility proposed within one thousand (1,000) feet
of an existing Telecom Facility shall be required to collocate on the same building or
structure as the existing Telecom Facility.
1. Exception: If the Fevi,,..,Ag allth9•"•yCitv determines, based on ewnpel::,;g— sufficient
evidence submitted by the applicant, that Collocation of one or more new Telecom
Page 17
M,
Facilities within one thousand (1,000) feet of an existing Telecom Facility is not Feasible,
then such Collocation shall not be required.
2. Condition Requiring Future Collocation. In approving a Telecom Facility, the Feyiew
aut,�City may impose a condition of approval providing for future Collocation of
Telecom Facilities by other carriers at the same site. [HOW WOULD THIS CONDITION BE
WORDED ?I
20.49.060 — General Development and Design Standards.
A. General Criteria. Au T,.,.,.,..., P-,,.,'Otie Shall , P19Y a,.,.,,... +,.,.I..,,,.,,,,. +,.. a
[REDUNDANT - SEE COMMENT IN 20.49.010(A) ABOVEI To the greatest extent Feasible, and
depending on where its located, Telecom Facilities shall be designed to minimize the visual
impact of the Telecom Facility by means of location, placement, height, screening,
landscaping, and shall be compatible with existing architectural elements, building
materials, other building characteristics, and the surrounding area.
In addition to the other design standards of this Section, the following criteria shall be
considered by the review authority in connection with its processing of any MUP, CUP, LTP,
or ZC for a Telecom Facility to the extent Feasible:
1. Blending. The extent to which the proposed Telecom Facility blends into the
surrounding environment or is architecturally compatible and integrated into the
structure.
2. Screening. The extent to which the proposed Telecom Facility is concealed or screened
by existing or proposed new topography, vegetation, buildings or other structures.
3. Size. The total size of the proposed Telecom Facility, particularly in relation to
surrounding and supporting structures.
4. Location. Proposed Telecom Facilities shall be located so as to utilize existing natural or
man -made features in the vicinity of the Telecom Facility, including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening and blending with the predominant visual backdrop.
B. Public View Protection. Telecom Facilities involving a site adjacent to an identified public
view pointer, as identified in General Plan Policy NR 20.3 (Public Views), shall be
reviewed to evaluate the potential impact to public views consistent with Section 20.30.100
(Public View Protection). [A BETTER DEFINITION AND DEPICTION FOR CORRIDOR IS NEEDED
(I.E. "SCENIC CORRIDOR SHALL BE ESTABLISHED ON A MAP ")I.
C. Height.
E
47
1. Telecom Facilities installed on buildings or other structures shall comply with the base
height limit established in Part 2 (Zoning Districts, Allowable Uses, and Zoning District
Standards) for the zoning district in which the Telecom Facility is located.
2. Applications for the installation of Telecom Facilities proposed to be greater than the
base height limit for the zoning district in which the Telecom Facility is located shall be
subject to review and action by the Planning Commission. The Planning Commission
may approve or conditionally approve a CUP for a Telecom Facility to exceed the base
height limit after making all of the required findings in Section 20.49.070.144 (Permit
Review Procedures).
3. All Telecom Facilities shall comply with Antenna height restrictions, if any, required by
the Federal Aviation Administration, and shall comply with Section 20.30.060.E. (Airport
Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land Use
Commission (ALUC) Review Requirements) as may be in force at the time the Telecom
Facility is permitted or modified.
4. Antenn qh;; I he imgt-."ed .,t the FsiAinAbisA height p sibl . to ..:.A..., SeFyiee to
the T..I....em QpeF..t,.-'... ed ; In , ease, ^To the extent permitted by
federal and state law, no Antenna or other telecom equipment or screening structure
shall extend higher than the following maximum height limits: [AVERAGE SERVICE TO
PROPOSED AREA IS UNACCEPTABLE.I
a. Telecom Facilities installed on streetlight standards, Utility Poles, Utility Towers
or other similar structures within the public right -of -way shall not exceed 35 feet
in height above the finished grade.
b. Telecom Facilities may be installed on existing Utility Poles or Utility Towers that
exceed 35 feet above the finished grade where the purposes of the existing
Utility Pole or Utility Tower is to carry electricity or provide other wireless data
transmission provided that the top of the Antenna does not extend above the
top of the Utility Pole or Utility Tower.
c. Telecom Facilities installed in ground- mounted flagpoles may be installed at a
maximum height of 35 feet.
D. Setbacks. Proposed Telecom Facilities shall comply with the required setback established
by the development standards for the zoning district in which the Telecom Facility is
proposed to be located. Setbacks shall be measured from the part of the Telecom Facility
closest to the applicable lot line or structure.
E. Design Techniques. Design techniques shall result in the installation of a Telecom Facility
that is in scale with the surrounding area, hides the installation from predominant views
from surrounding properties, and prevents the Telecom Facility from visually dominating
the surrounding area. Design techniques may include the following:
`EM
1. Screening elements to disguise, or otherwise hide the Telecom Facility from view from
surrounding uses.
2. Painting and /or coloring the Telecom Facility to blend into the predominant visual
backdrop.
3. Siting the Telecom Facility to utilize existing features (buildings, topography, vegetation,
etc.) to screen or hide the Telecom Facility.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the Telecom
Facility.
. _ .x rsraRarrrES�aer�e es�a nrrrrnr�. _ inn
F. Screening Standards. For Collocation installations, the screening method shall be materially
similar to those used on the existing Telecom Facility, and shall not diminish the screening
of the Telecom Facility. If determined necessary by the review authority, use of other
improved and appropriate screening methods may be required to screen the Antennas and
Support Equipment from public view. The Following is a non - exclusive list of potential
design and screening techniques that should be considered:
1. For Class 1 (Stealth /Screened) Antenna Installations:
a. All Telecom Facility components, including all Antenna panels and Support
Equipment, shall be fully screened, and mounted either inside the building or
structure, or behind the proposed screening elements and not on the exterior face
of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding
visual environment. If determined necessary by the reviewing authority, screening
to avoid adverse impacts to views from land or buildings at higher elevations shall be
required.
c. In conditions where the Antennas and Support Equipment are installed within a new
freestanding structure, (an architectural feature such as a steeple, religious symbol
or tower, cupola, clock tower, sign, etc.), the installation shall blend in the
predominant visual backdrop so it appears to be a decorative and attractive
architectural feature.
2. For Class 2 (Visible) Antenna Installations:
a. Building or structure mounted Antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
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49
mounted and shall be compatible with the architectural texture and materials of the
building to which the Antennas are mounted.
any eth.....,.,.. elated equipment AF ;.V:.... .h-.11 he YWhIe fFAF... .,h...... L...lew ..r the
Side Rf the AMPRRA.9.
b. All Antenna components and Support Equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and /or
adjacent architecture so as to visually blend in with the surrounding development.
Subdued colors and non - reflective materials that blend with surrounding materials
and colors shall be used.
3. For Class 3 (Public Right -of -Way) Antenna Installations:
a. Whenever Feasible, new Antennas proposed to be installed in the public right -of-
way shall be placed on existing or replacement utility structures, light standards, or
other existing vertical structures. Antenna installations on existing or replacement
streetlight poles, traffic control standards, or Utility Poles shall be screened by
means of canisters, radomes, shrouds other screening measures whenever Feasible,
and treated with exterior coatings of a color and texture to match the existing pole.
[REFERENCE 20.49.050 (13)(4) ABOVE.]
b. If Antennas are proposed to be installed without screening, they shall be flush -
mounted to the pole and shall be treated with exterior coatings of a color and
texture to match the existing pole.
c. If a new pole is proposed to replace an existing pole, the replacement pole shall be
consistent with the size, shape, style and design of the existing pole, including any
attached light arms.
4. For Class 4 (Freestanding Structure) Antenna Installations:
a. For a false rock, the proposed screen structure shall reasonably match in scale and
color other rock outcroppings in the general vicinity of the proposed site, provided
such rock outcroppings exist. A. i -.Ir.. r....l. et be e ..;..1. Fed appFepFiate
b. The installation of a false tree (such as but without limitation a monopine or
monopalm, or false shrubbery) shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be situated
so as to utilize existing natural or manmade features including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening. For false trees or shrubbery installations, all Antennas and Antenna
supports shall be contained within the canopy of the tree design, and other
vegetation comparable to that replicated in the proposed screen structure shall be
prevalent in the immediate vicinity of the antenna site, and the addition of new
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50
comparable living vegetation may be necessary to enhance the false tree or
shrubbery screen structure.
c. For installations of a flagpole, the pole shall not exceed 24 inches in width at the
base of the flagpole and also shall not exceed 20 inches in width at the top of the
flagpole. [THIS DOESN'T WORK BECAUSE 24 INCHES IN WIDTH AT THE TOP OF THE
FLAGPOLE IS REQUIRED TO INCORPORATE THE ANTENNAS AND NECESSARY
MOUNTING BRACKETS /SUPPORT.I
5. For Class 5 (Temporary) Antenna Installations:
a. A temporary Telecom Facility installation may require screening to reduce visual
impacts depending on the duration of the permit and the setting of the proposed
site. If screening methods are determined to be necessary by the review authority,
the appropriate screening methods will be determined through the permitting
process reflecting the temporary nature of the Telecom Facility.
6. Support Equipment. All Support Equipment associated with the operation of any
Telecom Facility shall be placed or mounted in the least visually obtrusive location
pessibleFeasible, and shall be screened from view.
a. Installations on Private Property. The following is a non - exclusive list of potential
screening techniques for Telecom Facilities located on private property:
(1) Building- Mounted Facilities. For building or structure - mounted Antenna
installations, Support Equipment for the Telecom Facility may be located inside
the building, in an underground vault, or on the roof of the building that the
Telecom Facility is located on, provided that both the equipment and any
screening materials are architecturally compatible and /or painted the color of
the building, roof, and /or surroundings thereby providing screening. If placed in
an underground vault, flush -to -grade vents, or vents that extend no more than
24 inches above the finished grade and are screened from public view may be
incorporated.
(2) Roof - Mounted Facilities. All screening materials for roof - mounted Telecom
Facilities shall be of a quality and design compatible with the architecture, color,
texture and materials of the building to which it is mounted. If determined
necessary by the review authority, screening to avoid adverse impacts to views
from land or buildings at higher elevations shall be required.
(3) Freestanding Facilities. For freestanding Telecom Facilities installations, not
mounted on a building or structure, Support Equipment for the Telecom Facility
may be visually screened by locating the Support Equipment in a fully enclosed
building, in an underground vault, or in a security enclosure consisting of walls
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51
and /or landscaping to effectively screen the Support Equipment at the time of
installation.
(4) All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
(5) Screening enclosures may utilize graffiti- resistant and climb- resistant vinyl -clad
chain link with a "closed- mesh" design (i.e. one -inch gaps) or may consist of an
alternate enclosure design approved by the review authority. In general, the
screening enclosure shall be made of non - reflective material and painted to
blend with surrounding materials and colors.
(6) If placed in an underground vault, flush -to -grade vents, or alternatively, vents
that extend no more than 24 inches above the finished grade and are screened
from public view may be utilized.
b. Installations in a Public Right -of -Way. The following is a non - exclusive list of
potential screening techniques for Telecom Facilities located in a public right -of -way:
(1) Where the existing utilities services (e.g., telephone, power, cable TV) are
located underground, the Support Equipment shall be placed underground,
consistent with Chapter 13.20. Flush -to -grade underground vault enclosures,
including flush -to -grade vents, or vents that extend no more than 24 inches
above the finished grade and are screened from public view may be
incorporated. Electrical meters required for the purpose of providing power for
the proposed Telecom Facility may be installed above ground on a pedestal in a
public right -of -way.
(2) Support equipment approved to be located above ground in a public right -of-
way shall be painted or otherwise coated to be visually compatible with the
existing or replacement pole, lighting and /or traffic signal equipment without
substantially increasing the width of the structure.
(3) All transmission or amplification equipment such as remote radio units, tower
mounted amplifiers and surge suppressors shall be mounted inside the
streetlight pole or traffic control standard without increasing the pole diameter
or shall be installed in a flush -to -grade vault enclosure adjacent to the base of
the pole.
G. Night Lighting. Telecom Facilities shall not be lighted except for security lighting at the
lowest intensity necessary for that purpose or as may be recommended by the U.S. Flag
Code. Such lighting shall be shielded so that direct illumination does not directly shine on
nearby properties. The review authority shall consult with the Police Department regarding
proposed security lighting for Telecom Facilities on a case -by -case basis.
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52
H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any
Telecom Facility except for small identification, address, warning, and similar information
plates. Such information plates shall be identified in the telecom application and shall be
subject to approval by the review authority. Signage required by state or federal regulations
shall be allowed in its smallest peFm;«;b'e sizeaccordance with the foregoing.
I. Nonconformities. A proposed Telecom Facility shall not create any new or increased
nonconformity as defined in the Zoning Code, such as, but not limited to, a reduction in
and /or elimination of, required parking, landscaping, or loading zones unless relief is sought
pursuant to applicable Zoning Code procedures.
J. Maintenance. The Telecom Operator shall be responsible for maintenance of the Telecom
Facility in a manner consistent with the original approval of the Telecom Facility, including
but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original permitted
condition.
2. All graffiti on any components of the Telecom Facility shall be removed promptly in
accordance the Newport Beach Municipal Code.
3. All landscaping required for the Telecom Facility shall be maintained in a healthy
condition at all times, and shall be promptly replaced if dead or dying.
4. All Telecom Facilities shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible contact number for reporting maintenance
problems to the Telecom Facility Operator.
6. If a flagpole is used for a Telecom Facility, flags shall be flown and shall be properly
maintained at all times. The use of the United States flag shall comply with the
provisions of the U.S. Flag Code (4 U.S.C. § 1 et seq.).
20.49.070 — Permit Review Procedures.
A. Application Procedures. Applications for Telecom Facilities shall be subject to Chapters
20.50, 20.52, and 20.54 unless otherwise modified by this Section.
B. Permit Required. All Telecom Facilities shall obtain a MUP, CUP, LTP, or ZC if not prohibited
by subsection 20.49.050.8, depending on the Antenna Class and location, as specified in the
Table 4 -1:
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53
Table 4 -1
Permit Requirements for Telecom Facilities
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require review
and action of a CUP by the Planning Commission.
(b) DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Telecom Facility complies with the screening requirements.
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
E. Review Process. Review of applications for all Telecom Facilities in City shall be consistent
with Chapter 20.50 (Permit Application Filing and Processing), and the FCC Declaratory
Ruling FCC 09 -99 ( "Shot Clock ") deadlines.
F. Review of Collocated Telecom Facilities. Notwithstanding any provision of this Chapter to
the contrary, pursuant to California Government Code section 65850.6 (as amended or
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54
Antenna Class and Permit Requirement
Class 1
Class 2
Class 3
Class 4
Class 5
Location of Proposed Telecom Facility
(a)
(a) (b)
(a) (b)
(a) (b)
(a)
Telecom Facility located in any Zoning
ZC
MUP
MUP
MUP
LTP
District, Planned Community, or Specific Plan
within 150 feet of any Residential District or
their equivalent residential land use
designation within a Planned Community
District or Specific Plan.
Telecom Facility not located in the area
ZC
MUP
MUP
CUP
LTP
identified in Subsection 1 but located in or
within 150 feet of Open Space Districts (OS),
Public Facilities Districts (PF), Parks and
Recreation Districts (PR), or their equivalent
land use designations within a Planned
Community District or Specific Plan.
Telecom Facility not located in the other
ZC
CUP
MUP
CUP
LTP
areas identified
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require review
and action of a CUP by the Planning Commission.
(b) DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Telecom Facility complies with the screening requirements.
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
E. Review Process. Review of applications for all Telecom Facilities in City shall be consistent
with Chapter 20.50 (Permit Application Filing and Processing), and the FCC Declaratory
Ruling FCC 09 -99 ( "Shot Clock ") deadlines.
F. Review of Collocated Telecom Facilities. Notwithstanding any provision of this Chapter to
the contrary, pursuant to California Government Code section 65850.6 (as amended or
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54
superseded), the addition of a new Telecom Facility to an existing Telecom Facility resulting
in the establishment of a Collocated Telecom Facility shall be allowed without a
discretionary review provided it meets section 20.49.100. If such a Collocated Telecom
Facility does not satisfy all of the requirements of Government Code section 65850.6 and
Section 20.49.100, the Telecom Facility shall be reviewed pursuant the review procedures
provided in Table 4 -1.
G. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the Plans, Map, and Emission Standards
shall be sent to the Chief of the Newport Beach Police Department. The Police Department
or its designee shall review the plan's potential conflict with emergency communications.
The review may include a pre - installation test of the Telecom Facility to determine if any
interference exists. If the Police Department determines that the proposal has a high
probability that the Telecom Facility will interfere with emergency communications devices,
the applicant shall work with the Police Department to avoid interference.
H. Public Notice and Public Hearing Requirements. An application for a MUP, CUP or LTP shall
require a public notice, and a public hearing shall be conducted, in compliance with Chapter
20.62 (Public Hearings).
I. Required Findings for Telecom Facilities. The following findings shall apply to all Telecom
Facilities requiring discretionary review:
1. General. The review authority may approve or conditionally approve an application for
a Telecom Facility only after first finding each of the required findings for a MUP or CUP
pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an
LTP pursuant to Section 20.52.040 (Limited Term Permits), and each of the following:
a. The proposed Telecom Facility is visually compatible with the surrounding
neighborhood.
b. The proposed Telecom Facility complies with the technology, height, location and
design standards, as provided for in this Chapter.
c. An alternative site(s) located further from a Residential District, Public Park or Public
Facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the
proposed site.
d. An alternative Antenna construction plan that would result in a higher priority
Antenna Class category for the proposed Telecom Facility is not available or
reasonably Feasible and desirable under the circumstances.
2. Findings to Increase Height. The review authority may approve, or conditionally approve
an application for a Telecom Facility which includes a request to exceed the base height
limit for the zoning district in which the Telecom Facility is located only after making
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55
each of the following findings in addition to the required findings above, as well the
required findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use
Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term
Permits):
a. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed Telecom Facility and existing
adjacent developments or public spaces.
b. Establishment of the Telecom Facility at the requested height is necessary to provide
service.
20.49.080 — Permit Implementation, Time Limits, Extensions, and Appeals.
A. The process for implementation or "exercising" of permits issued for a Telecom Facility,
time limits, and extensions, shall be in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions).
B. Appeals. Any appeal of the decision of the review authority of an application for a Telecom
Facility shall be processed in compliance with Chapter 20.64 (Appeals).
20.49.090 — Agreement for Use of City -Owned or City -Held Trust Property.
When applying for a permit pursuant to this Chapter, all Telecom Facilities located on City -
owned or City -held trust property shall require a license agreement approved as to form by the
City Attorney, and as to substance (including, but not limited to, compensation, term, insurance
requirements, bonding requirements, and hold harmless provisions) by the City Manager,
consistent with provisions in the City Council Policy Manual.
Prior to entering into an agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon
the issuance of a MUP, CUP, LTP or ZC, as required, and upon entering into an agreement, the
applicant shall obtain any and all necessary ministerial permits, including, encroachment
permits for work to be completed in the public right -of -way, and building permits, etc. All costs
of said permits shall be at the sole and complete responsibility of the applicant. All work shall
be performed in accordance with the applicable City standards and requirements.
20.49.100 — Modification of Existing Telecom Facilities.
Notwithstanding any provision in this Chapter of the Zoning Code, a request to modify an
existing Telecom Facility that involves the Collocation of new transmission equipment, the
removal of existing transmission equipment, or the replacement of existing transmission
equipment shall be subject to a ministerial review and approval of a ZC without the processing
of any discretionary permit provided that such modification does not substantially change the
existing Telecom Facility from the original permit for the Telecom Facility. A substantial change
means a single change, or series of changes over time that exceeds five percent (5%) of the
physical dimension of the Telecom Facility approved as part of the original discretionary permit.
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56
Each application submitted under this section for a modification to an existing Telecom Facility
shall be accompanied by:
1. A detailed description of the proposed modifications to the existing Telecom
Facility(ies);
2. A photograph or description of the Telecom Facility as originally constructed, if
available; a current photograph of the existing Telecom Facility; and, a graphic depiction
of the Telecom Facility after modification showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection with the
proposed modification; and
4. A written statement signed and stamped by a professional engineer, licensed and
qualified in California, attesting that the proposed modifications do not constitute a
substantial change of the existing permitted Telecom Facility.
Any permit issued will be conditioned, and may be revoked, and the Telecom Facility shall be
required to be removed or restored to its pre- modification condition if:
a. Any material statement made with respect to the Telecom Facility is false; or
b. The modifications as actually made would have triggered a discretionary review.
20.49.110 — Operational and Radio Frequency Compliance and Emissions Report.
At all times, the wireless operator shall ensure that its Telecom Facilities shall comply with the
most current regulatory, operations standards, and radio frequency emissions standards
adopted by the FCC. The wireless operator shall be responsible for obtaining and maintaining
the most current information from the FCC regarding allowable radio frequency emissions and
all other applicable regulations and standards. Said information shall be made available by the
wireless operator upon request at the discretion of the Community Development Director.
Within thirty (30) days after installation of a Telecom Facility, a radio frequency (RF) compliance
and emissions report prepared by a qualified RF engineer acceptable to the City shall be
submitted in order to demonstrate that the Telecom Facility is operating at the approved
frequency and complies with FCC standards for radio frequency emissions safety as defined in
47 C.F.R. § 1.1307 et seq. Such report shall be based on actual field transmission measurements
of the Telecom Facility operating at its maximum effective radiated power level, rather than on
estimations or computer projections. If the report shows that the Telecom Facility does not
comply with the FCC's 'General Population /Uncontrolled Exposure' standard as defined in 47
C.F.R. § 1.1310 Note 2 to Table 1, the Director shall require that use of the Telecom Facility be
suspended until a new report has been submitted confirming such compliance.
Upon any proposed increase of at least ten percent (10 %) in the effective radiated power or any
proposed change in frequency use of the Telecom Facility by the T9wireless operator,
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57
the Telpt:twn wireless 9operator shall be required to provide an updated, certified radio
frequency (RF) compliance and RF emissions safety report. [DIFFERENTIATE BETWEEN
OPERATOR OF THE TELECOM FACILITY AND THE TELECOM OPERATOR (TELECOM FACILITY
OWNER VS. TELECOM FACILITY TENANT /CARRIER).l
A qualified independent radio frequency engineer selected and under contract to the City, may
be retained to review said certifications for compliance with FCC regulations. All costs
associated with the City's review of these certifications shall be the responsibility of the
permittee, which shall promptly reimburse City for the cost of the review.
20.49.120 — Right to Review or Revoke Permit.
The reservation of right to review any permit for a Telecom Facility granted by the City is in
addition to, and not in lieu of, the right of the City to review and revoke or modify any permit
granted or approved hereunder for any violations beyond a reasonable cure period of the
conditions imposed on such permit.
20.49.130 — Removal of Telecom Facilities.
A. Discontinued Use. Any Telecom Operator who intends to abandon or discontinue use of a
Telecom Facility must notify the Community Development Director by certified mail no less
than thirty (30) days prior to such abandonment or discontinuance of use. The Telecom
Operator or owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved by
the Community Development Director, within which to complete one of the following
actions, provided that no Telecom Operator is then using the Telecom Facility:
[DIFFERENTIATE BETWEEN OPERATOR OF THE TELECOM FACILITY AND THE TELECOM
OPERATOR (TELECOM FACILITY OWNER VS. TELECOM FACILITY TENANT /CARRIER).l
1. Reactivate use of the Telecom Facility.
2. Transfer the rights to use the Telecom Facility to another Telecom Operator and the
Telecom Operator immediately commences use within a reasonable period of time as
determined by the Community Development Director.
3. Remove the Telecom Facility and restore the site.
B. Abandonment. Any Telecom Facility that is not operated for transmission and /or reception
for a continuous period of ninety (90) days or whose Telecom Operator did not remove the
Telecom Facility in accordance with Subsection A shall be deemed abandoned. Upon a
finding of abandonment, the City shall provide notice to the Telecom Operator last known
to use such Telecom Facility and, if applicable, the owner of the affected real property,
providing thirty days from the date of the notice within which to complete one of the
following actions:
1. Reactivate use of the Telecom Facility.
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58
2. Transfer the rights to use the Telecom Facility to another Telecom Operator who has
agreed to reactivate the Telecom Facility within 30 days of the transfer.
3. Remove the Telecom Facility and restore the site.
C. Removal by City.
1. The City may remove an abandoned Telecom Facility on publicly owned property, repair
any and all damage to the premises caused by such removal, and otherwise restore the
premises as is appropriate to be in compliance with applicable codes at any time after
thirty (30) days following the notice of abandonment.
2. If the City removes an abandoned Telecom Facility on publicly owned property. the City
may, but shall not be required to, store the removed Telecom Facility or any part
thereof. The owner of the premises upon which the abandoned Telecom Facility was
located and all prior operators of the Telecom Facility shall be jointly liable for the entire
cost of such removal, repair, restoration and storage, and shall remit payment to the
City promptly after demand therefore is made. In addition, the City Council, at its
option, may utilize any financial security required in conjunction with granting the
telecom permit as reimbursement for such costs. Also, in lieu of storing the removed
Telecom Facility, the City may convert it to the City's use, sell it, or dispose of it in any
manner deemed by the City to be appropriate.
D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in
full, a lien shall be placed on the abandoned personal property and any publicly owned real
property on which the Telecom Facility was located for the full amount of the cost of
removal, repair, restoration and storage. The City Clerk shall cause the lien to be recorded
with the Orange County Recorder, with the costs of filing, processing, and release of such
City Lien being added to the other costs listed in this subsection.
Page 120
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August 1, 2013
IWG
Mr. James Campbell
Principal Planner
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
In Reference To: Revised Wireless Telecommunications Facilities Ordinance
Dear Mr. Campbell:
CalWA, the California Wireless Association appreciates receiving the City of Newport
Beach revised Wireless Telecommunications Facilities Ordinance dated June 2013. We
also received the e-mail notice that there will be another work session on your wireless
ordinance before your Planning Commission on August 8th.
CalWA and PCIA, the Wireless Industry Association, submitted a letter and detailed
comments in July 2012 on the draft of the City's Wireless Telecommunications Facilities
(WTF) Ordinance. We are pleased that many of our comments and suggestions have
been incorporated into the revised ordinance, and that the new draft now recognizes
Section 6409 of the Middle Class Tax Relief and Jobs Creation Act of 2012 for the
collocation, removal and replacement of equipment at existing wireless facilities.
However, even with the recent modifications to the proposed WTF ordinance, further
changes could better facilitate the responsible deployment of wireless infrastructure
improvements needed to adequately serve the citizens of Newport Beach.
The PCIA/CaIWA letter dated July 19. 2012 (attached) clearly sets forth the continuing
need for improved wireless infrastructure. Wireless networks must adapt to dramatic
capacity demands due to an 1,800 percent increase in traffic over the last four years
and a projected growth of 18 times current levels of mobile data traffic over the next
five years. Mobile internet users are projected to outnumber wireline users in two
years. Without ongoing improvements to the City's wireless backbone infrastructure,
dependable wireless services cannot be delivered to the citizens of Newport Beach.
The following provides CalWA'S comments on the current June 2013 draft of Chapter
20.49 of City Staff's proposed Wireless Telecommunications Facilities Ordinance.
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Section 20.49.010 - Purpose (Page 1)
This initial statement should acknowledge the important role wireless infrastructure,
mobile communication and internet access now plays in Newport Beach related to the
City's economy, job creation, productivity and public safety. It should also acknowledge
that wireless infrastructure is a "utility" as defined by California's Constitution, and
should be permitted under a similar rubric as other utility infrastructure improvements.
Section 20.49.30 - Definitions, C. Antenna Classes (Pages 3 and 4)
The antenna classes in the latest draft have been revised to remove "Collocations ",
formerly a Class 2 Facility. This has been made in compliance with federal law, and will
help facilitate anticipated 4th Generation /LTE upgrades at existing sites within the City.
However, additional sites will be needed, especially in high traffic areas to avoid capacity
issues associated with rapidly growing mobile internet data transmissions.
DAS systems and "Small Cells" located within public rights of way are needed to provide
coverage and capacity in residential neighborhoods and in certain commercial areas.
Small Cells are also needed in "hot spot" - high traffic areas, primarily for capacity
reasons. CalWA suggests that smaller sites within public rights -of -way be allowed
through an administrative Encroachment Permit and /or Zoning Clearance process if the
project demonstrates compliance with the ordinances' design and screening standards.
Section 20.49.050 - Location Preferences, B. Prohibited Locations (Page 6)
The City should consider allowing wireless infrastructure in all zones in the City. The
majority of Newport Beach residents now use their wireless smart phones, tablets and
lap tops as their primary communication and internet access devices. They want these
devices to work in their homes as well as where they work, and while they are traveling.
We all want them to work everywhere, especially in an emergency situation. However,
CalWA understands that residents don't want wireless facilities that result in adverse
aesthetic impacts that affect views. CalWA suggests that wireless infrastructure, like
wireline telephone, electricity and natural gas utility infrastructure be allowed in
residential zones through a Minor Use Permit or Conditional Use Permit process if the
project demonstrates compliance with the ordinances' design and screening standards.
Subsection 4 under Prohibited Locations indicates that telecom facilities are prohibited
on streetlights. However, other sections of this draft WTF ordinance encourages the use
of streetlights as a preferred location within the public rights -of -way. CalWA suggests
that Subsection 4 be removed from Section 20.49 -050.
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Section 20.49.060 - General Development and Design Standards
A. General Criteria (Page 7)
CaIWA supports the City in its efforts to minimize visual impacts of providing wireless
infrastructure, and the use of reasonable aesthetic criteria to be used in evaluating
wireless applications. However, CaIWA would like City Staff, the Planning Commission
and City Council to keep in mind the important "utility" role that wireless infrastructure
plays in Newport Beach. No other utility infrastructure must adhere to the standards
and criteria set forth in this ordinance. We respectfully request the City begin to look at
wireless improvements in the same manner as other utility providers.
D. Setbacks (Page 8), and Section 20.49.070 - Permit Review Procedures,
Subsection B. Permit Required, Table 4 -1 - Permit Requirements for
Telecom Facilities (Page 14)
Setbacks required in Section 20.49.070 - Permit Review Procedures, Subsection B.
Permit Required, Table 4 -1 - Permit Requirements for Telecom Facilities sets forth a
setback of 150 feet from Residential, Open Space, Public Facilities and Parks and
Recreation Districts as a criteria under which different classes of ministerial and
discretionary permits are required. The suggested 150 foot criterion is arbitrary, and a
lower setback of 50 or 100 feet should be considered. CaIWA also suggest that there be
no setback requirements for Class 3 sites located in public rights -of -way adjacent to
residential, open space, public facilities and open space zoned properties. Under state
law, the City's management of access to the public streets is required to be exercised in
an equivalent manner as to all entities. Subjecting wireless facilities to setbacks that do
not apply to other utility infrastructure utilizing vertical elements is unreasonable and
raises questions as to whether such regulations are in fact based over perceived health
concerns over radio frequency exposure in violation of federal law.
CaIWA also suggests that Class 3 public right -of -way sites not located within the setback
area of any of these land use zones should be allowed under a Zoning Clearance, and
not a Minor Use Permit.
Section 20.49.060 - General Development and Design Standards
F. Screening Standards, 6. Support Equipment (Pages 11 and 12)
Undergrounding support equipment on private property and within public rights -of -way
is a significant issue for wireless providers, especially in Newport Beach because of very
high groundwater levels along the coast and in other more elevated areas of the City.
Major rainstorms and isolated thunderstorms in the past have resulted in significant
damage to support equipment, especially where flush -to -grade vents are required. This
62
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has resulted in wireless carrier losses of millions of dollars over the years and the loss of
coverage and capacity in local networks during major rainstorms, which adversely
affects public safety during emergency situations. The City's wireless ordinance needs
to provide reasonable flexibility for above grade support equipment, similar to what is
required for other utility providers, and for the City's traffic signal equipment, which are
critical for safety during major rainstorms.
Section 20.49.060 - General Development and Design Standards
G. Emergency Communications Review (Page 15)
The last decade has shown that wireless infrastructure does not interfere with
emergency communication facilities. This includes the City of Newport Beach Police and
Fire Departments, and the Orange County Fire Authority. Decade old interference issues
created by Nextel's previous 800 megahertz operations have been resolved, so this type
of review is no longer necessary. City Staff has the ability to forward any wireless
permit application to your Police and Fire Department staff for review and comment. It
should not be a requirement of a wireless facility applicant to submit a "pre- application
test" of new or modified wireless infrastructure to determine if there might be potential
interference. CalWA suggests that Section G is no longer necessary and should be
removed. Such a pre - application test also violates federal law, as the FCC exercises
exclusive jurisdiction over interference issues.
Section 20.49.060 - General Development and Design Standards
I. Required Findings for Telecom Facilities (Page 15)
These criteria are subjective and do not consider the technical requirements of the
wireless providers to meet the growing demand for coverage and capacity needs of
Newport Beach's citizens. More emphasis should be placed on the important roll
wireless broadband access plays in the City.
Section 20.49.110 - Operational and Radio Frequency Compliance and
Emissions Report (Pages 17 and 18)
CalWA has worked with jurisdictions and wireless providers throughout the state, and
has never come across a situation where Radio Frequency (RF) emissions exceed
federally adopted FCC standards. It is our experience that when testing has been
required, actual emissions are a small fraction of FCC standard allowable limits. Over
the last decade, RF emission power levels have actually dropped because of network
infrastructure expansion. In addition, for many sites, the antennas meet what are
referred to in the FCC's regulations as "categorically excluded." See Section
1.1307(b)(1) of the FCC's rules. CalWA suggests that the Radio Frequency Compliance
4
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and Emission Report required by Section 20.49.110 is no longer warranted, at the very
least with respect to categorically excluded facilities, and should be removed.
Conclusion
Reliable wireless communication is no longer a luxury. Wireless facilities provide the
basic infrastructure for telecommunication /broadband accessibility that allows the
citizens of Newport Beach high -speed Internet access. The City currently has a unique
opportunity to facilitate expanded and improved wireless services to its residents,
businesses and visitors by amending its WTF Ordinance in consideration of CalWA's
suggested revisions.
CaIWA will participate in the upcoming ordinance revision process, and will have a
representative at the August 8th Planning Commission workshop to answer any
questions City Staff or the Planning Commission may have. We appreciate your
consideration and support to further our mutual goal of implementing and deploying
responsible and timely wireless infrastructure to serve the City of Newport Beach.
Respectfully submitted,
W. Dean Brown, Regulatory Committee
California Wireless Association (CaIWA)
c/o The Planning Consortium
23181 Verdugo Drive, Suite 1008
Laguna Hills, CA. 92653
(714) 328 -6313
CC: Sean Scully Co- Chair, Regulatory Committee, CaIWA
Julian Quattlebaum, Co- Chair, Regulatory Committee, CaIWA
Alex Reynolds, PCIA
64
Sprint
Mr. James Campbell
Principal planner
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
In Reference To: Revised Wireless Telecommunications Facilities Ordinance
Dear Mr. Campbell:
Sprint has reviewed the City of Newport Beach revised. Wireless Telecommunications Facilities
Ordinance dated June 201 3. Cal WA, the California' Wireless Association has forwarded us their
response to you dated July 26 "'. While Sprint broadly concurs with CaIWA's review, we would
like to add the following comments:
In the last sentence of paragraph N., Sect ion'20.49.30 Definitions of C. Antenna Classes,
it is stated that false trees are no longer considered a "stealth facility ". We would
challenge this definition: false frees are indeed a stealth design. Tree designs have
improved greatly over recent years and with the addition of "antenna socks ", more
branches, and multi -trunk trees etc.; false trees can be well integrated into an area's
existing, vegetation and should be classified as.a "stealth facility ".
In paragraph. D of Section 20.49.050 Location Preferences, Sprint could not agree with
the recommendation that a new telecom facility proposed within 1,000 feet of an existing
telecom'facility be required to collocate on the same building or structure as the existing
telecom facility. While it would be our goal to look at whether collocation was feasible,
in many cases it is not. This can be due to space constraints if the facility is on a rooftop,
lack of hei'ghtavailable on an existing monopole or similar, structure, structural
incapability of a free standing structure to support another wireless carrier etc. It. is
therefore too restrictive to require collocation in all cases.
65
,;,<;CEIVED @y
COMMUNITY
Sprint
330 Commerce
AUG 14 2013
Irvine, CA 92602
n� DEVELOPMENT G•Z'
August 5, 2013
�P
DF NeWFOVO e
Mr. James Campbell
Principal planner
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
In Reference To: Revised Wireless Telecommunications Facilities Ordinance
Dear Mr. Campbell:
Sprint has reviewed the City of Newport Beach revised. Wireless Telecommunications Facilities
Ordinance dated June 201 3. Cal WA, the California' Wireless Association has forwarded us their
response to you dated July 26 "'. While Sprint broadly concurs with CaIWA's review, we would
like to add the following comments:
In the last sentence of paragraph N., Sect ion'20.49.30 Definitions of C. Antenna Classes,
it is stated that false trees are no longer considered a "stealth facility ". We would
challenge this definition: false frees are indeed a stealth design. Tree designs have
improved greatly over recent years and with the addition of "antenna socks ", more
branches, and multi -trunk trees etc.; false trees can be well integrated into an area's
existing, vegetation and should be classified as.a "stealth facility ".
In paragraph. D of Section 20.49.050 Location Preferences, Sprint could not agree with
the recommendation that a new telecom facility proposed within 1,000 feet of an existing
telecom'facility be required to collocate on the same building or structure as the existing
telecom facility. While it would be our goal to look at whether collocation was feasible,
in many cases it is not. This can be due to space constraints if the facility is on a rooftop,
lack of hei'ghtavailable on an existing monopole or similar, structure, structural
incapability of a free standing structure to support another wireless carrier etc. It. is
therefore too restrictive to require collocation in all cases.
65
Sprint
In the paragraph dealing with height in 20.49.060 — General Development and Design
Standards, it states that antennas shall be installed at a minimum height possible to
provide "average service ". Sprint would challenge the definition of "average service ",
our goal is to provide substantially better than average service to our customers and we
would not want to limit coverage from any of our telecom facilities to such a low level.
In the screening standard paragraphs for support equipment in the same section,
specifically paragraph 6a does not appear to support the use of ground mounted support
equipment for telecom facilities mounted to rooftops or within buildings. Sprint would
like to see the inclusion of ground mounted facilities for sites at these locations.
We would be grateful if the City would take into account Sprint's comments at its review meeting
on August 8'h.
Yours sincerely.
Kathryn Crompton
Manager — Network Vision — ALU Markets
National Site Development
(714) 617 -9423 office
(714) 920 -4336 cell
e- mail: kalhryn.cromplon@Aprinl.can
66
\/l Ifni fA I, i
City of Newport Beach, Community Development Department
Mr. Jim Campbell, Principal Planner
100 Civic Center Drive
Newport Beach, CA 92660
August 21, 2013
RE: Newport Beach Telecom Ordinance Update
Mr. Campbell,
On behalf of Verizon Wireless, I would like to thank you for yet another opportunity to provide
comments to City Staff, concerning the proposed update to the City's Wireless Communications
Facilities Ordinance. The last Stakeholder's meeting, held on July 25, 2012, proved to be useful and
constructive. We are pleased to see that Staff took the time to seriously consider and integrate some of
the concerns communicated by the various industry representatives and other concerned /interested
parties, into the current version of the draft ordinance. In anticipation of the upcoming September 5th
Planning Commission Study Session (rescheduled from August 8th), the following discussion areas and
comments are respectfully submitted for your consideration:
20.49.030. Definitions
C. Antenna Classes
4. (Pg. 4) Please provide more clarity on what defines a Class 4 Freestanding Structure. Providing
examples of facilities would be helpful. Do Class 4 structures include stealth and non - stealth facilities?
Also, the definition states that it is a structure constructed for the "sale or primary purpose of
supporting the Telecom Facility." For example, consider a flagpole or similar facility on a property. If
the flagpole was to be removed and replaced with a stealth version, a dual purpose is now served. The
existing structure was replaced with a facility of similar aesthetics and function. Since it was previously a
flagpole that was slightly altered to structurally support telecom equipment, would it now be considered
a wireless facility as its primary purpose, rather than a dual function? Would staff interpret this as a
Class 4 or 1? What characteristics provide the distinction? Verizon believes that in such a scenario, the
facility should not be defined as one whose primary purpose is a wireless communications facility.
D. Base Station (Pg. 4): The definition for Base Station does not seem to match that provided by the
FCC. If a Base Station does not include the antennas, the antenna supporting structure, or the support
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VI I I d VIII
equipment, then what specifically does it include by the definition in the draft ordinance? Does it only
refer to the equipment cabinets? Are equipment cabinets not supporting equipment? This definition
should be revised. On January 25, 2013, the Federal Communications Commission Wireless
Telecommunications Bureau, offered guidance on the interpretation of Section 6409 (A) the Middle
Class Tax Relief and Job Creation Act (TRA). The FCC defined base station as:
(U) Base Station
A "base station' consists of "radio transceivers, antennas, coaxial cable, a regular and backup power supply,
and other associated electronics." Section 6409(a) applies to the collocation, removal, or replacement of
equipment on a wireless tower or base station. In this context, the FCC believes It Is reasonable to Interpret a
"base station" to include a structure that currently supports or houses an antenna, transceiver, or other
associated equipment that constitutes part of a base station.
There should also be some language or additional detail in the ordinance update in regards to the
various types of "Eligible Facilities Requests" under the 2012 TRA legislation. This may be considered to
be included in section 20.49.100. The TRA provides for an administrative process for (a) collocation of
new transmission equipment, removal of transmission equipment, and replacement of transmission
equipment (under specified criteria). Verizon has used a checklist /worksheet to help determine
whether a facility /project fits the required criteria to be an "eligible facility ", and would be happy to
provide it to City Staff as a reference tool if they so please.
Section 20.49.050- Location Preferences
D. Collocation Installations (Pg. 7) The requirement that a new telecom facility proposed within 1,000
feet of an existing Telecom Facility shall be required to collocate on the same building or structure as the
Existing Telecom Facility can be problematic. While Subsection 1 discusses that compelling evidence can
allow for exceptions to this rule, what types of evidence would this include? One scenario would be lack
of room to locate equipment and another would be lack of space for antennas. Often even though
there is an existing facility within 1,000 feet, that facility it is not within the required coverage area for
the radio frequency objectives. Lastly, what if the existing facility is legal nonconforming and any
proposal would be more than a five percent (5 %) change, as listed in Section 20.49.100?
2. How can the City impose a condition of approval on a property owner, to provide for future co-
location of telecom facilities? While the condition can be general in saying that the property owner will
make the best efforts to cooperate with the City to provide for future collocation, many property
owners may be hesitant to authorize a condition on a future project.
Page d8
()
NwIil fAl Mil Si I IdIrFS
Section 20.49.060 - General Development and Design Standards
C. Height (Pg.8)
1. There is some concern with limiting the height of building /roof mounted structures to the base height
limit for the zoning district due to the fact that most buildings are already constructed to this maximum
height limit. If the proposed building to locate on is at the maximum base height limit, there is no
additional height for the carrier to locate their antennas on top of the building, which is the preferred
location in Section 20.49.050. While the code proposes to allow additional height through a heightened
review process; it is recommended that the proposed code be revised to state that any building /roof
mounted stealth antennas are allowed 15 feet above the maximum base height limit. This will then
alleviate the Planning Commission from having to review multiple proposals due to there being no
additional height available on the existing, building.
4a. Additionally; there is some concern with limiting the height on existing streetlight standards, utility
poles, utility towers or similar structures. These facility types can all have varying height, which can
potentially make them infeasible if the addition of the antennas exceeds the 35' height limit. Instead,
we recommend not limiting the actual height, but limiting how high above these structures the
antennas can go.
4c. Lastly, with regard to height, limiting ground- mounted flagpoles to a maximum height of 35' may
actually limit the ability to provide the necessary coverage for the antennas. Shorter flagpoles often do
not allow for a full tapered and natural flagpole look. We have found that taller flagpoles allow for more
of a tapered appearance and provide a more aesthetically pleasing design.
C. Setbacks (Pg._8) While complying with the required setbacks for the specified zoning district is
feasible for most installations, there are instances when certain wireless facility designs, such as
flagpoles, a monument sign or a clock tower would logically, aesthetically, and functionally make more
sense to be located within a front or side yard setbacl<. Has the City considered if in certain instances
this could potentially be allowed? Granted, other concerns and protective measures, such as facility
placement and equipment placement, will be considered and integrated into the design of these
facilities, in order to account for line of sight /corner cut -off requirements, so that a vehicle operator's
visibility of traffic is not obscured. Is there any mechanism for relief in these types of situations?
F. Screening Standards (Pg. 11) We commend the City for giving applicants some flexibility with the
design and placement of supporting equipment, as carriers often run into several constraints (i.e.
construction, zoning,) when designing sites. Often if there are too many limitations and specifications
on the design of the wireless facilities in the Code, many of the "would be" optimal candidates (for the
City and carriers) are then rendered infeasible.
Page d9
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4c. This may actually be the case with the proposed code in regards to flagpole installations; given that
the proposed ordinance limits the diameter of the pole to 24" at the base and 20" at the top. This
combined with the minimum 35' height limit in Section 20.49.060.4.c will limit a carrier's ability to utilize
this design as the current technology will likely not fit within these parameters.
6. This section regarding support equipment and the requirement /recommendation of underground
vaulting, especially flush mounted vents, is problematic and concerning for many carriers.
Telecommunications equipment housed in any self - contained, underground vault generates heat, which
can damage or destroy the equipment. Additionally, moisture, either from evaporation or flooding from
rain, can severely damage or destroy the equipment. Flush mounted vents further enhance the chances
of equipment damage. While damage is a concern the primary concern is that when the equipment is
damaged it can cause a site to go off air, which will have a drastic impact on the overall coverage in the
City of Newport Beach.
6.a.1. This section mentions several options regarding equipment locations for building - mounted
facilities; such as within, the building, in a vault or on the roof, but it does not mention allowing
equipment to be located at grade within a screened equipment enclosure. We recommend adding this
as an additional option.
Consider encouraging /providing flexibility in standards for emergency backup generators
The Ordinance is currently silent on its stance and interpretation on emergency backup generators. The
City should even consider placing emergency backup generators in their own category, as opposed to
the umbrella of "supporting equipment ", given the increasing importance of having permanent
generators at all wireless facility sites. The City should consider adding a section /verbiage regarding
emergency back -up diesel generators, and encourage the flexibility to use all types (diesel, propane;
alternative fuel). Standby generators and batteries serve a vital role to wireless carriers' networks,
especially in power outages, emergencies and natural disasters. In the event power outages, a wireless
carrier's equipment will first transition over to the back -up batteries. The batteries can run the site for a
few hours depending upon the demand placed on the equipment. Should the power outage extend
beyond the capacity of the batteries, the backup generator will automatically start and continue to run
the site. While many public safety agencies employ their own two -way radio systems for intra- agency
communications, the various wireless carriers' networks are often the link to other agencies,
organizations, and the outside world. Backup batteries and generators allow wireless communications
facility sites to continue providing valuable communications services in the event of a power outage,
natural disaster, or other emergency.
Additionally, in light of limited space on a number of properties in beach communities, as a note; the
City should consider variances or some relief in parking, setbacks, etc. for the location of generators.
Pagtd
Table 4 -1 (Pg.14)
It would be user friendly to define LUP, MUP, LTP, CUP, and ZC as footnotes in the table, for ease of
reference. Additionally it would also be convenient to add a footnote or column that specifies the final
determining body for each antenna class /proposed location, for ease of reference, reinforcement, and
clarity.
Again, Verizon Wireless would like to thank the City for keeping the wireless carriers, and other
interested parties, apprised of the developments and progression of this proposed ordinance
amendment, while allowing us the opportunity to provide our comments. We look forward to working
with the City towards the successful completion of developing a sound ordinance; one that strikes an
equitable balance between the wireless industry's need to meet the increasing coverage and capacity
demands of their customers and networks, while protecting the residents, businesses and land uses of
the City of Newport Beach.
Best Regards,
J)W —
SonalThaku
Authorized Representative of Verizon Wireless
Page ?I
Comments of Larry Tucker
Jim, I have set forth in track changes mode the edits and questions I have. I have not looked at
Telecom Companies comments but will do so before the meeting tonight. My goal for tonight's
meeting is to walk through each page of the Ordinance, hearing from staff and then the
stakeholders, perhaps even one issue at a time. I want to get into the specifics of the language
so that, hopefully, the Commission can give guidance on the issues and staff can have a cleaned
up version back for review, hopefully in a couple of weeks. But that may not be possible
depending on the amount of redrafting that will be required. For now, please distribute to the
Commission and the stakeholders, and make available to the public, as soon as you can and we
will see what happens tonight. Thanks. Larry. Formatted: Font: not Bold
20.49 — Wireless Telecommunications Facilities
Sections
20.49.010 — Purpose
20.49.020 — Effect of Chapter
General Provisions
20.49.030 — Definitions
20.49.040 — Available Technology
20.49.050 — Location Preferences
20.49.060 — General Development and Design Standards
20.49.070 — Permit Review Procedures
20.49.050— Permit Implementation, Time Limits, Duration, and Appeals
20.49.090— Agreement for Use of City -owned or City -held Trust Property
20.49.100 — Modification of Existing Telecom Facilities
20.49.110 — Operational and Radio Frequency Compliance and Emissions Report
20.49.120 — Right to Review or Revoke Permit
20.49.130 — Removal of Telecom Facilities
20.49.010 — Purpose
A. The purpose of this Chapter is to provide for the installation, modification, operation and
maintenance of 1 —Telecom Facilities on public and
private property consistent with state and federal law while ensuring public safety, reducing
the visual effects of =Telecom Facilities on public streetscapes, protecting scenic,
ocean and coastal public views, and otherwise mitigating the impacts of Telecom
Facilities. More specifically, the regulations contained herein are intended to encourage:;
1) the location of Telecom Facilities in non - residential areas, 2)
Collocation at new and existing Antenna sites, and 3) era�Telecom
Facilities to be located in areas where adverse visual impacts on the community and public
views are minimized.
Page 11
B. The provisions of this Chapter are not intended and shall not be interpreted to prohibit or
to have the effect of prohibiting telecom services. This Chapter shall be applied to
providers, operators, and maintainers of wireless services regardless of whether authorized
by state or federal regulations. This Chapter shall not be applied in such a manner as to
unreasonably discriminate among providers of functionally equivalent telecom services.
C. All Telecom Facilities approved under this Chapter shall utilize the most efficient and least
obtrusive available technology in order to minimize the number of Telecom Facilities in the
City and reduce their visual impact on the community and public views.
20.49.020 — Effect of Chapter
A. Regulatory Scope. These regulations are applicable to all Telecom Facilities providing voice
and /or data transmission such as, but not limited to, cell phone, internet and radio relay
stations.
B. Permit and /or Agreement Required. Prior to construction or modification of any Telecom
Facility in the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use
Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC), depending on the
proposed location, Antenna Class, and method of installation, in accordance with Section
20.49.070 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and
an encroachment permit, if required) for any Telecom Facility approved to be located on
any City -owned property or City -held Trust property, shall enter into an agreement
prepared and executed by the City Manager or its designee prior to construction of the
Telecom Facility, consistent with Section 20.49.090 (Agreement for Use of City -awned or
City -held Trust Property).
C. Exempt Facilities. The following types of facilities are exempt from the provisions of this
Chapter:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen band radio
antennas regulated by Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
2. Dish and other antennas subject to the FCC Over- the -Air Reception Devices ( "OTARD ")
rule, 47 C.F.R. § 1.4000 that are designed and used to receive video programming
signals from (a) direct broadcast satellite services, or (b) television broadcast stations, or
(c) for wireless cable service.
3. During an emergency, as defined by Title 2 of the NBMC, the City Manager, Director of
Emergency Services or Assistant Director of Emergency Services shall have the authority
to approve the placement of a Telecom Facility in any district on a temporary basis not
exceeding ninety (90) calendar days from the date of authorization. Such authorization
may be extended by the City on a showing of good cause.
Page 12
4. Facilities exempt from some or all of the provisions of this Chapter by operation of state
or federal law to the extent so determined by the City.
S. Systems installed or operated at the direction of the City or its contractor.
6. Systems installed entirely within buildings for the sole purpose of providing wireless
telecommunications services or data transmission services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this Chapter, all Telecom Facilities
within the City shall comply with the following requirements:
1. Rules, regulations, policies, or conditions in any permit, license, or agreement issued by
a local, state or federal agency which has jurisdiction over the Telecom Facility.
2. Rules, regulations and standards of the Federal Communications Commission (FCC) and
the California Public Utilities Commission (CPUC).
E. Regulations not in Conflict or Preempted. All Telecom Facilities within the City shall comply
with the following requirements unless in conflict with or preempted by the provisions of
this Chapter:
1. All applicable City design guidelines and standards.
2. Requirements established by any other provision of the Municipal Code and by any
other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any Telecom Facility that is lawfully constructed, erected, or
approved prior to the effective date of this Chapter that is operating in compliance with all
applicable laws, and which Facility does not conform to the requirements of this Chapter
shall be accepted and allowed as a legal nonconforming Facility if otherwise approved and
constructed. Legal nonconforming Telecom Facilities shall comply at all times with the laws,
ordinances, and regulations in effect at the time the application was deemed complete, and
any applicable federal and state laws as they may be amended or enacted, and shall at all
times comply with any conditions of approval.
20.49.030 — Definitions
For the purposes of this Chapter, the following definitions shall apply
A. Antenna. Antenna means a device used to transmit and /or receive radio or
electromagnetic waves between earth and /or satellite -based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, Antennas, arrays, or other similar devices.
B. Antenna Array. Antenna Array means Antennas having transmission and /or reception
elements extending in more than one direction, and directional Antennas mounted upon
Page 13
and rotated through a vertical mast or tower interconnecting the beam and Antenna
support, all of which elements are deemed to be part of the Antenna.
C. Antenna Classes. Antenna Classes are Telecom Facilities and the attendant Support
Equipment separated into the following distinct classes:
1. Class 1 (Stealth /Screened): a Facility with Antennas mounted on an existing or
proposed non - residential building or other structure not primarily intended to be an
antenna support structure where Antennas and Support Equipment, including the base
station, are fully screened so that they are not visible to the general public.
2. Class 2 (Visible): a Facility with Antennas mounted on an existing non - residential
building, structure, pole, light standard, Utility Tower, Wireless Tower and /or Lattice
Tower.
3. Class 3 (Public Right -of -Way Installations): a Facility with Antennas installed on a
structure located in the public right -of -way.
4. Class 4 (Freestanding Structure): a Facility with Antennas mounted on a new
freestanding structure constructed for the sole or primary purpose of supporting the
Telecom Facility.
5. Class 5 (Temporary): a Facility including associated Support Equipment that is installed
at a site on a temporary basis pursuant to a Limited Term Permit. A Class 5 installation
may also be installed in connection with a special event upon the approval of a Special
Events Permit pursuant to Chapter 11.03 without a Limited Term Permit.
D. Base Station. Base Station means the electronic equipment at a Telecom Facility installed
and operated by the Telecom Operator that together perform the initial signal transmission
and signal control functions. Base Station does not include the Antennas and Antenna
support structure, or the Support Equipment, nor does it include any portion of DAS.
E. City -owned or City -held Trust Property. City -owned or City -held Trust Property means all
real property and improvements owned, operated or controlled by the City, other than the
public right -of -way, within the City's jurisdiction, including but +,-not limited to City Hall,
Police and Fire facilities, recreational facilities, parks, beaches ( ?), libraries, monuments,
signs, streetlights and traffic control standards.
F. Collocation. Collocation means an arrangement whereby multiple Telecom Facilities are
installed on the same building or structure.
G. Distributed Antenna System, DAS. Distributed Antenna System (DAS) means a network of
one or more Antennas and fiber optic nodes typically mounted to streetlight poles, or utility
structures, which provide access and signal transfer services to one or more third -party
wireless service providers. DAS also includes the equipment location, sometimes called a
Page 14
"hub" or "hotel" where the DAS network is interconnected with third -party wireless service
providers to provide the signal transfer services.
H. FCC. FCC means the Federal Communications Commission, the federal regulatory agency
charged with regulating interstate and international communications by radio, television,
wire, satellite, and cable.
I. Feasible or Feasibly. Feasible or Feasibly means capable of being accomplished in a
successful manner within a reasonable period of time, taking into account environmental,
physical, legal and technological factors.
J. Lattice Tower. Lattice Tower means a freestanding open framework structure used to
support Antennas, typically with three or four support legs of open metal crossbeams or
crossbars.
K. Monopole. Monopole means a single free - standing pole or pole -based structure solely
used to act as or support a Telecom Antenna or Antenna Arrays.
L. Operator or Telecom Operator. Operator or Telecom Operator means any person, firm,
corporation, company, or other entity that directly or indirectly owns, leases, runs,
manages, or otherwise controls a Telecom Facility or facilities within the City.
M. Public Right -of -Way. Public Right -of -Way or ('PROW ") means the improved or unimproved
surface of any street, or similar public way of any nature, dedicated or improved for
vehicular, bicycle, and /or pedestrian related use. PROW includes public streets, roads,
lanes, alleys, sidewalks, medians, parkways and landscaped lots.
N. Stealth or Stealth Facility. Stealth or Stealth Facility means a Telecom Facility in which the
Antenna, and the Support Equipment, are completely hidden from view in a monument,
cupola, pole -based structure, or other concealing structure which either mimics, or which
also serves as, a natural or architectural feature. Concealing structures which are obviously
not such a natural or architectural feature to the average observer do not qualify within this
definition. A false tree is not a Stealth Facility.
O. Support Equipment. Support Equipment means the physical, electrical and /or electronic
equipment included within a Telecom Facility used to house, power, and /or contribute to
the processing of signals from or to the Facility's Antenna or Antennas, including but not
limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals, and
electric service meters. Support Equipment does not include DAS, Antennas or the building
or structure to which the Antennas or other equipment are attached.
P. Telecommunication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility, or Facility. Why not iust pick one of these words and stick
with it? Telecommunication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility, or simply Facility or Facilities means an installation that sends
Page 15
and /or receives wireless radio frequency signals or electromagnetic waves, including but
not limited to directional, omni - directional and parabolic antennas, structures or towers to
support receiving and /or transmitting devices, supporting equipment and structures, and
the land or structure on which they are all situated. The term does not include mobile
transmitting devices, such as vehicle or hand held radios /telephones and their associated
transmitting antennas.
Q. Utility Pole. Utility Pole means a single freestanding pole used to support services provided
by a public or private utility provider.
R. Utility Tower. Utility Tower shall mean an open framework structure (see lattice tower) or
steel pole used to support electric transmission facilities.
S. Wireless Tower. Wireless Tower means any structure built for the sole or primary purpose
of supporting Antennas used to provide wireless services authorized by the FCC. A
Distributed Antenna System (DAS) installed pursuant to a Certificate of Public Convenience
and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower,
utility tower, street light, or other structures built or rebuilt or replaced primarily for a
purpose other than supporting wireless services authorized by the FCC, including any
structure installed pursuant to California Public Utility Code Section 7901, is not a Wireless
Tower for purposes of this definition. For an example only, a prior- existing light standard
which is replaced with a new light standard to permit the addition of Antennas shall not be
considered a Wireless Tower, but rather a replacement light standard.
20.49.050 — Location Preferences
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or
individual Telecom Facilities in the City, the following list establishes the order of preference
for the location and installation of Telecom Facilities, from highest priority location and
technique to lowest.
1. Collocation of a new facility at an existing facility.
2. Class 1.
3. Class 2.
4. Class 3.
5. Class 4.
6. Class 5.
B. Prohibited Locations. Telecom Facilities are prohibited in the following locations:
Page 16
1. On properties zoned for single -unit or two -unit residential development, including
equivalent PC District designation.
2. On properties zoned for multi -unit residential development and mixed -use development
where the maximum allowable number of dwelling units is four (4) units.
3. In the Open Space (OS) zoning district, unless Telecom Facilities are collocated on an
existing Utility Tower within a utility easement area, or collocated on an existing
Telecom Facility.
-3 4. [Comment: Isn't it possible that there could be an appropriate place for a
Telecom Facility in one of these zones, although not many places ?l
45. On streetlights. [Comment: There is some language about streetlights
elsewhere in this Ordinance that causes me to wonder if streetlights should be a
prohibited location.l
C. Installations in the Public Right -of -Way. All Telecom Facilities proposed to be located in
the public right -of way shall comply with the provisions of Title 13. Antenna installations on
an existing or replacement streetlight [Comment: I thought streetlights were a prohibited
location. pole shall be compatible in design, scale, and proportion to streetlights and the
pole on which they are mounted.
D. Collocation Installations. A new Telecom Facility proposed within one thousand (1,000) feet
of an existing Telecom Facility shall be required to collocate on the same building or
structure as the existing Telecom Facility.
1. Exception: If the reviewing authority determines, based on a preponderance of
GeMPE evidence submitted b�,- - , that Collocation of one or more new
Telecom Facilities within one thousand (1,000) feet of an existing Telecom Facility is not
Feasible, then such Collocation shall not be required.
2. Condition Requiring Future Collocation. In approving a Telecom Facility, the review
authority may impose a condition of approval providing for future Collocation of
Telecom Facilities by other carriers at the same site to the extent Feasible.
20.49.060 — General Development and Design Standards.
A. General Criteria. All Telecom Facilities shall employ design techniques to minimize visual
impacts and provide appropriate screening to result in the least visually intrusive means of
providing the service. Such techniques shall be employed to make the installation,
appearance and operations of the Telecom Facility as visually inconspicuous as
practicabletaessNa[e (Comment: Much is possible, but not always practicablel. To the
greatest extent Feasible, Telecom Facilities shall be designed to minimize the visual impact
of the Telecom Facility by means of location, placement, height, screening, landscaping, and
Page 17
shall be compatible with existing architectural elements, building materials, other building
characteristics, and the surrounding area.
In addition to the other design standards of this Section, the following criteria shall be
considered by the review authority in connection with its processing of any MUP, CUP, LTP,
or ZC for a Telecom Facility:
1. Blending. The extent to which the proposed Telecom Facility blends into the
surrounding environment or is architecturally compatible and integrated into the
structure.
2. Screening. The extent to which the proposed Telecom Facility is concealed or screened
by existing or proposed new topography, vegetation, buildings or other structures.
3. Size. The total size of the proposed Telecom Facility, particularly in relation to
surrounding and supporting structures.
4. Location. Proposed Telecom Facilities shall be located so as to utilize existing natural or
man -made features in the vicinity of the Telecom Facility, including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening and blending with the predominant visual backdrop.
4-5. Collocation. In evaluating whether the Collocation of a Telecom Facility is
Feasible, the criteria listed in 1 -4 above shall be used to evaluate the visual effect of the
combined number of Telecom Facilities at the proposed location.
B. Public View Protection. Telecom Facilities involving a site adjacent to an identified public
view point or corridor, as identified in General Plan Policy NR 20.3 (Public Views), shall be
reviewed to evaluate the potential impact to public views consistent with Section 20.30.100
(Public View Protection). [Comment: NR 20.3 allows for other public views to be identified
in the future. Therefore, shouldn't the review process also be able to evaluate an impact to
a public view that is not then listed in NR20.3 ?1
C. Height.
1. Telecom Facilities installed on buildings or other structures shall comply with the base
height limit established in Part 2 (Zoning Districts, Allowable Uses, and Zoning District
Standards) for the zoning district in which the Telecom Facility Is located. [Comment:
The staff report indicates that a new facility would be able to exceed the base height by
5'. Maybe I misunderstood the staff report, so please explain.l
2. Applications for the installation of Telecom Facilities proposed to be greater than the
base height limit for the zoning district in which the Telecom Facility is located shall be
subject to review and action by the Planning Commission. The Planning Commission
may approve or conditionally approve a CUP for a Telecom Facility to exceed the base
Page 18
height limit after making all of the required findings in Section 20.49.070.H (Permit
Review Procedures).
3. All Telecom Facilities shall comply with Antenna height restrictions, if any, required by
the Federal Aviation Administration, and shall comply with Section 20.30.060.E. (Airport
Environs Land Use Plan (�.,aUP) for John Wayne Airport and Airport Land Use
Commission 'A� Review Requirements) as may be in force at the time the Telecom
Facility is permitted or modified.
4. Antennas shall be installed at the minimum height possible to provide average
(Comment: Not sure what average is, but don't we want effective service ?] service to
the Telecom Operators proposed service area. In any case, no Antenna or other
telecom equipment or screening structure shall extend higher than the following
maximum height limits:
a. Telecom Facilities installed on streetlight standards, Utility Poles, Utility Towers
or other similar structures within the public right -of -way shall not exceed 35 feet
in height above the finished grade.
b. Telecom Facilities may be installed on existing Utility Poles or Utility Towers that
exceed 35 feet above the finished grade where the purposes of the existing
Utility Pole or Utility Tower is to carry electricity or provide other wireless data
transmission provided that the top of the Antenna does not extend above the
top of the Utility Pole or Utility Tower.
c. Telecom Facilities installed in ground- mounted flagpoles may be installed at a
maximum height of 35 feet.
D. Setbacks. Proposed Telecom Facilities shall comply with the required setback established
by the development standards for the zoning district in which the Telecom Facility is
proposed to be located. Setbacks shall be measured from the part of the Telecom Facility
closest to the applicable lot line or structure.
E. Design Techniques. Design techniques shall result in the installation of a Telecom Facility
that is in scale with the surrounding area, screens - i [Comment: The Ordinance has been
using the word "screen" so I would recommend we stick with one word to describe the
obiective rather than introduce the word "hide" which could then be argued to mean
something other than screen.] the installation from predominant views from surrounding
properties, and prevents the Telecom Facility from visually dominating the surrounding
area. Design techniques may include the following:
1. Screening elements to disguise, or otherwise hide the Telecom Facility from view from
surrounding uses.
Page 19
2. Painting and /or coloring the Telecom Facility to blend into the predominant visual
backdrop.
3. Siting the Telecom Facility to utilize existing features (buildings, topography, vegetation,
etc.) to screen or hide the Telecom Facility.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the Telecom
Facility.
5. Providing Telecom Facilities of a size that, as determined by the City, is not visually
obtrusive such that any effort to screen the Telecom Facility would not create greater
visual impacts than the Telecom Facility itself.
F. Screening Standards. For Collocation installations, the screening method shall be materially
similar to those used on the existing Telecom Facility, and shall not diminish the screening
of the Telecom Facility. If determined necessary by the review authority, use of other
improved and appropriate screening methods may be required to screen the Antennas and
Support Equipment from public view. The Following is a non - exclusive list of potential
design and screening techniques that should be considered:
1. For Class 1(Stealth /Screened) Antenna Installations
a. All Telecom Facility components, including all Antenna panels and Support
Equipment, shall be fully screened, and mounted either inside the building or
structure, or behind the proposed screening elements and not on the exterior face
of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding
visual environment. If determined necessary by the reviewing authority, screening
to avoid adverse impacts to views from land or buildings at higher elevations shall be
required.
c. In conditions where the Antennas and Support Equipment are installed within a new
freestanding structure, (an architectural feature such as a steeple, religious symbol
or tower, cupola, clock tower, sign, etc.), the installation shall blend in the
predominant visual backdrop so it appears to be a decorative and attractive
architectural feature.
2. For Class 2 (Visible) Antenna Installations:
a. Building or structure mounted Antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of the
building to which the Antennas are mounted. No cables and mounting brackets or
any other associated equipment or wires shall be visible from above, below or the
Page 110
side of the Antennas. [Comment: If the facility is visible, will this actually be
ossible?
b. All Antenna components and Support Equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and /or
adjacent architecture so as to visually blend in with the surrounding development.
Subdued colors and non - reflective materials that blend with surrounding materials
and colors shall be used.
3. For Class 3 (Public Right -of -Way) Antenna Installations:
a. Whenever Feasible, new Antennas proposed to be installed in the public right -of-
way shall be placed on existing or replacement utility structures, light standards, or
other existing vertical structures. Antenna installations on existing or replacement
streetlight poles rare these prohibited ?] , traffic control standards, or Utility Poles
shall be screened by means of canisters, radomes, shrouds other screening
measures whenever Feasible, and treated with exterior coatings of a color and
texture to match the existing pole.
b. If Antennas are proposed to be installed without screening, they shall be flush -
mounted to the pole and shall be treated with exterior coatings of a color and
texture to match the existing pole.
c. If a new pole is proposed to replace an existing pole, the replacement pole shall be
consistent with the size, shape, style and design of the existing pole, including any
attached light arms.
4. For Class 4 (Freestanding Structure) Antenna Installations:
a. For a false rock, the proposed screen structure shall match in scale and color other
rock outcroppings in the general vicinity of the proposed site. A false rock screen
may not be considered appropriate in areas that do not have natural rock
outcroppings.
b. The installation of a false tree (such as but without limitation a monopine or
monopalm, or false shrubbery) shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be situated
so as to utilize existing natural or manmade features including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening. For false trees or shrubbery installations, all Antennas and Antenna
supports shall be contained within the canopy of the tree design, and other
vegetation comparable to that replicated in the proposed screen structure shall be
prevalent in the immediate vicinity of the antenna site, and the addition of new
comparable living vegetation may be necessary to enhance the false tree or
shrubbery screen structure.
Page 111
c. For installations of a flagpole, the pole shall not exceed 24 inches in width at the
base of the flagpole and also shall not exceed 20 inches in width at the top of the
flagpole.
5. For Class 5 (Temporary) Antenna Installations:
a. A temporary Telecom Facility installation may require screening to reduce visual
impacts depending on the duration of the permit and the setting of the proposed
site. If screening methods are determined to be necessary by the review authority,
the appropriate screening methods will be determined through the permitting
process reflecting the temporary nature of the Telecom Facility.
6. Support Equipment. All Support Equipment associated with the operation of any
Telecom Facility shall be placed or mounted in the least visually obtrusive location
oracticableqGssihie, and shall be screened from view.
a. Installations on Private Property. The following is a non - exclusive list of potential
screening techniques for Telecom Facilities located on private property:
(1) Building- Mounted Facilities. For building or structure - mounted Antenna
installations, Support Equipment for the Telecom Facility may be located inside
the building, in an underground vault, or on the roof of the building that the
Telecom Facility is located on, provided that both the equipment and any
screening materials are architecturally compatible and /or painted the color of
the building, roof, and /or surroundings thereby providing screening. If placed in
an underground vault, flush -to -grade vents, or vents that extend no more than
24 inches above the finished grade and are screened from public view may be
incorporated.
(2) Roof - Mounted Facilities. All screening materials for roof - mounted Telecom
Facilities shall be of a quality and design compatible with the architecture, color,
texture and materials of the building to which it is mounted. If determined
necessary by the review authority, screening to avoid adverse impacts to views
from land or buildings at higher elevations shall be required.
(3) Freestanding Facilities. For freestanding Telecom Facilities installations, not
mounted on a building or structure, Support Equipment for the Telecom Facility
may be visually screened by locating the Support Equipment in a fully enclosed
building, in an underground vault, or in a security enclosure consisting of walls
and /or landscaping to effectively screen the Support Equipment at the time of
installation.
(4) All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
Page 112
(5) Screening enclosures may utilize graffiti- resistant and climb- resistant vinyl -clad
chain link with a "closed- mesh" design (i.e. one -inch gaps) or may consist of an
alternate enclosure design approved by the review authority. In general, the
screening enclosure shall be made of non - reflective material and painted to
blend with surrounding materials and colors.
(6) If placed in an underground vault, flush -to -grade vents, or alternatively, vents
that extend no more than 24 inches above the finished grade and are screened
from public view may be utilized.
b. Installations in a Public Right -of -Way. The following is a non - exclusive list of
potential screening techniques for Telecom Facilities located in a public right -of -way:
(1) Where the existing utilities services (e.g., telephone, power, cable TV) are
located underground, the Support Equipment shall be placed underground,
consistent with Chapter 13.20. Flush -to -grade underground vault enclosures,
including flush -to -grade vents, or vents that extend no more than 24 inches
above the finished grade and are screened from public view may be
incorporated. Electrical meters required for the purpose of providing power for
the proposed Telecom Facility may be installed above ground on a pedestal in a
public right -of -way.
(2) Support equipment approved to be located above ground in a public right -of-
way shall be painted or otherwise coated to be visually compatible with the
existing or replacement pole, lighting and /or traffic signal equipment without
substantially increasing the width of the structure.
(3) All transmission or amplification equipment such as remote radio units, tower
mounted amplifiers and surge suppressors shall be mounted inside the
streetlight pole or traffic control standard without increasing the pole diameter
or shall be installed in a flush -to -grade vault enclosure adjacent to the base of
the pole.
G. Night Lighting. Telecom Facilities shall not be lighted except for security lighting at the
lowest intensity necessary for that purpose or as may be recommended by the U.S. Flag
Code. Such lighting shall be shielded so that direct illumination does not directly shine on
nearby properties. The review authority shall consult with the Police Department regarding
proposed security lighting for Telecom Facilities on a case -by -case basis.
H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any
Telecom Facility except for small identification, address, warning, and similar information
plates. Such information plates shall be identified in the telecom application and shall be
subject to approval by the review authority. Signage required by state or federal regulations
shall be allowed in its smallest permissible size.
Page 113
I. Nonconformities. A proposed Telecom Facility shall not create any new or increased
nonconformity as defined in the Zoning Code, such as, but not limited to, a reduction in
and /or elimination of, required parking, landscaping, or loading zones unless relief is sought
pursuant to applicable Zoning Code procedures.
J. Maintenance. The Telecom Operator shall be responsible for maintenance of the Telecom
Facility in a manner consistent with the original approval of the Telecom Facility, including
but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original permitted
condition.
2. All graffiti on any components of the Telecom Facility shall be removed promptly in
accordance the Newport Beach Municipal Code.
3. All landscaping required for the Telecom Facility shall be maintained in a healthy
condition at all times, and shall be promptly replaced if dead or dying, or damaged [e.g.
branches broken off in a storm or otherwise. Tree is still alive, but not what it once
was.).
4. All Telecom Facilities shall be kept clean and free of litter.
5. All equipment cabinets shall display a legible contact number for reporting maintenance
problems to the Telecom€&4+ Operator.
6. If a flagpole is used for a Telecom Facility, flags shall be flown and shall be properly
maintained at all times. The use of the United States flag shall comply with the
provisions of the U.S. Flag Code (4 U.S.C. § 1 et seq.).
20.49.070— Permit Review Procedures.
A. Application Procedures. Applications for Telecom Facilities shall be subject to Chapters
20.50, 20.52, and 20.54 unless otherwise modified by this Section.
B. Permit Required. All Telecom Facilities shall obtain a MUP, CUP, LTP, or ZC if not prohibited
by subsection 20.49.050.8, depending on the Antenna Class and location, as specified in the
Table 4 -1:
Page 114
Table 4 -1
Permit Requirements for Telecom Facilities
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require the
issuance I iee of a CUP by the Planning Commission.
j1DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Facility complies with the screening requirements.
4H34(c) [Comment: I am sure I missed this, but where is it set forth who the review
authority is for each of a MUP, CUP and LTP? The staff report indicated the Planning
Commission would be the initial review authority only for the "most visible proposals'.
How does this work ?l
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
Page 115
Antenna Class and Permit Requirement
Class 1
Class 2
Class 3
Class 4
Class S
Location of Proposed Telecom Facility
(a)
(a) (b)
(a) (b)
(a) (b)
(a)
Facility located in any Zoning District,
ZC
MUP
MUP
MUP
LTP
Planned Community, or Specific Plan within
150 feet of any Residential District or their
equivalent residential land use designation
within a Planned Community District or
Specific Plan.
Facility not located in the area identified in
ZC
MUP
MUP
CUP
LTP
Subsection 1 [of what ?lbut located in or
within 150 feet of Open Space Districts (OS),
Public Facilities Districts (PF), Parks and
Recreation Districts (PR), or their equivalent
land use designations within a Planned
Community District or Specific Plan.
Facility not located in the other areas
ZC
CUP
MUP
CUP
LTP
identified
(a) Any application for a Telecom Facility that proposes to exceed the base height limit of
the applicable zoning district in which the Telecom Facility is located shall require the
issuance I iee of a CUP by the Planning Commission.
j1DAS installed on an existing streetlight pole, existing utility pole or other existing
structure may be allowed subject to issuance of a Zoning Clearance (ZC) when the
Director determines the Facility complies with the screening requirements.
4H34(c) [Comment: I am sure I missed this, but where is it set forth who the review
authority is for each of a MUP, CUP and LTP? The staff report indicated the Planning
Commission would be the initial review authority only for the "most visible proposals'.
How does this work ?l
C. Application Submission Requirements for Telecom Facilities on City -owned or City -held
Trust Properties. Prior to the submittal for any application for any Telecom Facility located
on any City -owned property or City -held trust property, the applicant shall first obtain
written authorization from the City Manager or its designee to submit an application.
D. Fee. All costs associated with the permit application review shall be the responsibility of
the applicant, including any expense incurred for any outside technical or legal services in
connection with the application.
Page 115
E. Review Process. Review of applications for all Telecom Facilities in City shall be consistent
with Chapter 20.50 (Permit Application Filing and Processing), and the FCC Declaratory
Ruling FCC 09 -99 ( "Shot Clock ") deadlines.
F. Review of Collocated Facilities. Notwithstanding any provision of this Chapter to the
contrary, pursuant to California Government Code section 65850.6 (as amended or
superseded), the addition of a new Telecom Facility to an existing Telecom Facility resulting
in the establishment of a Collocated Telecom Facility shall be allowed without a
discretionary review provided it meets section 20.49.100. If such a Collocated Telecom
Facility does not satisfy all of the requirements of Government Code section 65850.6 and
Section 20.49.100, the facility shall be reviewed pursuant the review procedures provided in
Table 4 -1.
G. Emergency Communications Review. At the time an application is submitted to the
Community Development Department, a copy of the Plans, Map, and Emission Standards
shall be sent to the Chief of the Newport Beach Police Department. The Police Department
or its designee shall review the plan's potential conflict with emergency communications.
The review may include a pre - installation test of the Telecom Facility to determine if any
interference exists. If the Police Department determines that the proposal has a high
probability that the Telecom Facility will interfere with emergency communications devices,
the applicant shall work with the Police Department to avoid interference.
H. Public Notice and Public Hearing Requirements. An application for a MUP, CUP or LTP shall
require a public notice, and a public hearing shall be conducted, in compliance with Chapter
20.62 (Public Hearings).
I. Required Findings for Telecom Facilities. The following findings shall apply to all Telecom
Facilities requiring discretionary review:
1. General. The review authority may approve or conditionally approve an application for
a Telecom Facility only after first finding each of the required findings for a MUP or CUP
pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an
LTP pursuant to Section 20.52.040 (Limited Term Permits), and each of the following:
a. The proposed Telecom Facility is visually compatible with the surrounding
neighborhood.
b. The proposed Telecom Facility complies with the technology, height, location and
design standards, as provided for in this Chapter.
c. An alternative site(s) located further from a Residential District, Public Park or Public
Facility cannot €Feasibly fulfill the coverage needs fulfilled by the installation at the
proposed site.
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d. An alternative Antenna construction plan that would result in a higher priority
Antenna Class category for the proposed Telecom Facility is not available or
reasonably Feasible and desirable under the circumstances.
2. Findings to Increase Height. The review authority may approve, or conditionally approve
an application for a Telecom Facility which includes a request to exceed the base height
limit for the zoning district in which the Telecom Facility is located only after making
each of the following findings in addition to the required findings above, as well the
required findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use
Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term
Permits):
a. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed Telecom Facility and existing
adjacent developments or public spaces. [Comment: Is it possible to have an abrupt
scale change that is not undesirable ?l
b. Establishment of the Telecom Facility at the requested height is necessary to provide
service.
20.49.080— Permit Implementation, Time Limits, Extensions, and Appeals.
A. The process for implementation or "exercising' of permits issued for a Telecom Facility,
time limits, and extensions, shall be in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions).
B. Appeals. Any appeal of the decision of the review authority of an application for a Telecom
Facility shall be processed in compliance with Chapter 20.64 (Appeals).
20.49.090 — Agreement for Use of City -Owned or City -Held Trust Property.
When applying for a permit pursuant to this Chapter, all Telecom Facilities located on City -
owned or City -held trust property shall require a license agreement approved as to form by the
City Attorney, and as to substance (including, but not limited to, compensation, term, insurance
requirements, bonding requirements, and hold harmless provisions) by the City Manager,
consistent with provisions in the City Council Policy Manual.
Prior to entering into an agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon
the issuance of a MUP, CUP, LTP or ZC, as required, and upon entering into an agreement, the
applicant shall obtain any and all necessary ministerial permits, including, encroachment
permits for work to be completed in the public right -of -way, and building permits, etc. All costs
of said permits shall be at the sole and complete responsibility of the applicant. All work shall
be performed in accordance with the applicable City standards and requirements.
20.49.100 — Modification of Existing Telecom Facilities
Page 117
Notwithstanding any provision in this Chapter of the Zoning Code, a request to modify an
existing Facility that involves the Collocation of new transmission equipment, the removal of
existing transmission equipment, or the replacement of existing transmission equipment shall
be subject to a ministerial review and approval of a ZC without toe— processing ef—any
discretionary permit provided that such modification does not substantially change the existing
Facility from the original permit for the Facility. A substantial change means a single change, or
series of changes over time that exceeds five percent (S %) of the physical dimension of the
Telecom Facility approved as part of the original discretionary permit.
Each application submitted under this section for a modification to an existing Telecom Facility
shall be accompanied by:
1. A detailed description of the proposed modifications to the existing Telecom
Facility(ies);
2. A photograph or description of the Telecom Facility as originally constructed, if
available; a current photograph of the existing Telecom Facility; and, a graphic depiction
of the Telecom Facility after modification showing all relevant dimensions;
3. A detailed description of all construction that will be performed in connection with the
proposed modification; and
4. A written statement signed and stamped by a professional engineer, licensed and
qualified in California, attesting that the proposed modifications do not constitute a
substantial change of the existing permitted facility.
Any permit issued will be conditioned upon, and may be revoked, and the Telecom Facility shall
be required to be removed or restored to its pre- modification condition if:
a. Any material statement made with respect to the Telecom Facility is false; or
b. The modifications as actually made would have reouiredtriggered a discretionary review
had the plan for the Telecom Facility depicted the modifications.
20.49.110 — Operational and Radio Frequency Compliance and Emissions Report.
At all times, the operator shall ensure that its Telecom Facilities shall comply with the most
current regulatory, operations standards, and radio frequency emissions standards adopted by
the FCC. The operator shall be responsible for obtaining and maintaining the most current
information from the FCC regarding allowable radio frequency emissions and all other
applicable regulations and standards. Said information shall be made available by the operator
upon request at the discretion of the Community Development Director.
Within thirty (30) days after installation of a Telecom Facility, a radio frequency (RF) compliance
and emissions report prepared by a qualified RF engineer acceptable to the City shall be
submitted in order to demonstrate that the Telecom Facility is operating at the approved
Page 118
frequency and complies with FCC standards for radio frequency emissions safety as defined in
47 C.F.R. § 1.1307 et seq. Such report shall be based on actual field transmission measurements
of the Telecom Facility operating at its maximum effective radiated power level, rather than on
estimations or computer projections. If the report shows that the Telecom Facility does not
comply with the FCC's 'General Population /Uncontrolled Exposure' standard as defined in 47
C.F.R. § 1.1310 Note 2 to Table 1, the Director shall require that use of the Telecom Facility be
suspended until a new report has been submitted confirming such compliance.
Upon any proposed increase of at least ten percent (10 %) in the effective radiated power or any
proposed change in frequency use of the Telecom Facility by the Telecom Operator, the
Telecom Operator shall be required to provide an updated, certified radio frequency (RF)
compliance and RF emissions safety report.
A qualified independent radio frequency engineer selected and under contract to the City, may
be retained to review said certifications for compliance with FCC regulations. All costs
associated with the City's review of these certifications shall be the responsibility of the
permittee, which shall promptly reimburse City for the cost of the review.
20.49.120 — Right to Review or Revoke Permit.
The reservation of right to review any permit for a Telecom Facility granted by the City is in
addition to, and not in lieu of, the right of the City to review and revoke or modify any permit
granted or approved hereunder for any violations of the conditions imposed on such permit.
20.49.130— Removal of Telecom Facilities.
A. Discontinued Use. Any Telecom Operator who intends to abandon or discontinue use of a
Telecom Facility must notify the Community Development Director by certified mail no less
than thirty (30) days prior to such abandonment or discontinuance of use. The Telecom
Operator or owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved by
the Community Development Director, within which to complete one of the following
actions:
1. Reactivate use of the Telecom Facility.
2. Transfer the rights to use the Telecom Facility to another Telecom Operator and the
Telecom Operator immediately commences use within a reasonable period of time as
determined by the Community Development Director.
3. Remove the Telecom Facility and restore the site.
B. Abandonment. Any Telecom Facility that is not operated for transmission and /or reception
for a continuous period of ninety (90) days or whose Telecom Operator did not remove the
Telecom Facility in accordance with Subsection A shall be deemed abandoned. Upon a
finding of abandonment, the City shall provide notice to the Telecom Operator last known
Page 119
to use such Facility and, if applicable, the owner of the affected real property, providing
thirty days from the date of the notice within which to complete one of the following
actions:
1. Reactivate use of the Telecom Facility.
2. Transfer the rights to use the Telecom Facility to another Telecom Operator who has
agreed to reactivate the Telecom Facility within 30 days of the transfer.
3. Remove the Telecom Facility and restore the site.
C. RemovalbyCity.
1. The City may remove an abandoned Telecom Facility, repair any and all damage to the
premises caused by such removal, and otherwise restore the premises as is appropriate
to be in compliance with applicable codes at any time after thirty (30) days following the
notice of abandonment.
2. If the City removes an abandoned Telecom Facility, the City may, but shall not be
required to, store the removed Telecom Facility or any part thereof. The owner of the
premises upon which the abandoned Telecom Facility was located and all prior
operators of the Telecom Facility shall be jointly liable for the entire cost of such
removal, repair, restoration and storage, and shall remit payment to the City promptly
after demand therefore is made. In addition, the City Council, at its option, may utilize
any financial security required in conjunction with granting the telecom permit as
reimbursement for such costs. Also, in lieu of storing the removed Telecom Facility, the
City may convert it to the City's use, sell it, or dispose of it in any manner deemed by the
City to be appropriate.
D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in
full, a lien shall be placed on the abandoned personal property and any real property on
which the Telecom Facility was located for the full amount of the cost of removal, repair,
restoration and storage. The City Clerk shall cause the lien to be recorded with the Orange
County Recorder, with the costs of filing, processing, and release of such City Lien being
added to the other costs listed in this subsection.
Page 120
Code Amendment No. 2012 -004
Evolution of the
Mobile Phone
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BlackBerry Samsung Samsung
Curve 8900 Galaxy S2 Galaxy S4
Planning Commission Study Session
September lg, 2013
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■ Existing Ordinance Adopted in 2002
L Change Happens
More devices, more data, changes in law &
case law
Comprehensive update
Update to reflect changes in law /case law
Intended to balance needs of community by:
0911912013
Providing for increasing demand for wireless networks
Mitigating the impacts of future telecom facilities
Community Development Department- Planning Division
z
•1r•
■ Amendment initiated by City Council in March 2012
Planning Commission Study Session 9/o6 /2012
Commission requested:
Increase use of administrative process
Simplify
Conduct outreach
Ordinance re- drafted in June 2013, comments received
(attached to staff report)
0911912013
Community Development Department- Planning Division
3
■ Defined 5 Antenna Classes
Screened /Stealth
Visible
3. Public Right -of -way
4. Freestanding Structure
5. Temporary
Administrative process for Class i
Zoning Administrator for most Class 2
locations, Class 3, and Class 5
Planning Commission for Class 2 is located
near residential (or not) and Class4
0911912013
Community Development Department- Planning Division
Ordinance remains a work -in- progress
Staff plans additional revisions
Additional stakeholder meeting (if desired)
■ Public Hearing with Planning Commission
October 17, 2013 (tentative)
0911912013
Community Development Department- Planning Division
ext
Stens
Ordinance remains a work -in- progress
Staff plans additional revisions
Additional stakeholder meeting (if desired)
■ Public Hearing with Planning Commission
October 17, 2013 (tentative)
0911912013
Community Development Department- Planning Division
>iscussinn
Discussion of Draft
■ Public Comments
Questions?
0911912013
Community Development Department- Planning Division
1
For more information contact:
James Campbell, Principal Planner
949-644 -3210
jcampbell@newportbeachca.gov
www.newportbeachca.gov