CC Ordinance 2331 - Interim Ordinance Amending Chapter 21.34 - Wireless Communication FacilitiesORDINANCE NO. 2331
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING URGENCY MEASURES IN RESPONSE TO THE 2018 SMALL
CELL ORDER (FCC 18-133) BY THE FEDERAL COMMUNICATIONS COMMISSION
(FILE NO. PLN-2024-69)
WHEREAS, an September 19, 2017, the City Council adopted Ordinance No. 2226,
which repealed the former, and enacted the current, Chapter 21.34 — Wireless
Communications Facilities of the Campbell Municipal Code, which sets forth the City's
standards and procedures for the permitting and regulation of wireless communications
facilities on private property in conjunction with the City's adopted Wireless Facility Design
Requirements, which were separately adopted by City Council Resolution No. 1226 on
September 5, 2017;
WHEREAS, subsequent to the adoption of Ordinance No. 2226, the Federal
Communications Commission issued its Declaratory Ruling and Third Report and Order (FCC
18-133), also known as the "2018 Small Cell Order," which took effect on January 14, 2019,
and significantly limited local authority over the siting and regulation of wireless facilities;
WHEREAS, although the 2018 Small Cell Order primarily governs wireless facilities in
the public rights -of -way, it also applies to installations on private property by adopting a broad
interpretation of "effective prohibition" under the Federal Telecommunications Act. As a result,
local governments are required to waive or modify standards, such as height limits and
placement requirements, if applying those standards would "materially inhibit" the provision
of wireless services. This significantly limits the City's ability to deny or condition the approval
of wireless facilities that do not comply with existing local regulations-,
WHEREAS, the City must act promptly to protect its regulatory authority and establish
compliant yet effective local standards for the deployment of wireless facilities pending
adoption of comprehensive permanent regulations;
WHEREAS, pursuant to California Government Code section 65858 and Campbell
Municipal Code Section 21.60.090�, the City Council is authorized to adopt interim ordinances
as urgency measures to protect the public health, safety, and welfare, upon finding that there
is a current and immediate threat to the public health, safety, or welfare, and that the approval
of additional permits or entitlements would result in that threat;
WHEREAS, the Planning Department is studying permanent revisions to Chapter
21.34 of the Zoning Code to implement to protect the public safety, health:, and welfare, and
better conform the Municipal Code provisions to current law-,
WHEREAS, without immediate interim regulations, the City may be compelled to
process applications under outdated or non -compliant provisions, potentially resulting in
adverse aesthetic and environmental impacts and limiting the City's ability to mitigate these
concerns;
WHEREAS, the City Council finds that adoption of this Interim Ordinance is necessary
Page 1 of 4
to establish clear, legally defensible local procedures, and standards consistent with FCC 18-
133 while permanent regulations are developed and adopted through the standard legislative
process;
WHEREAS, the City Council finds that the urgency ordinance is necessary to avoid
confusion, regulatory gaps, and legal uncertainty in the processing of wireless facility
applications during this interim period;
WHEREAS, this interim ordinance serves to establish standards, requirements, and
permitting procedures to allow for orderly deployment of wireless facilities, consistent with the
2018 Small Cell Order, while protecting the public peace, health, safety, or welfare in the City
of Campbell,
WHEREAS, with the adoption of this Interim Ordinance, the City's Wireless Facility
Design Requirements would remain in effect;
WHEREAS, it is not the intent of this Interim Ordinance to adopt permanent standards,
requirements, or permitting procedures. The City Council reserves the right to adopt
permanent standards, requirements, and permitting procedures consistent with the 2018
Small Cell Order, and State and Federal Law, that will supersede those contained in this
interim ordinance;
WHEREAS, considering the foregoing findings, the City Council further finds that there
is a current and immediate threat to the public health, safety, or welfare, and that adherence
to existing standards, requirements, and permitting procedures in conflict with this ordinance
would result in that threat to public health, safety, or welfare;
WHEREAS, based on the foregoing findings, the City Council further finds that there
exists a current and immediate threat to the public health, safety, and welfare, and that the
approval of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use in conflict with this ordinance would exacerbate that threat;
WHEREAS, this interim ordinance is not a "project" under the California Environmental
Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378, because it does not have
the potential to result in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment. Rather than facilitating new
development or physical alterations, this ordinance updates the City's existing regulatory
framework to bring it into alignment with federal requirements, including the FCC's 2018 Small
Cell Order, which already preempts local discretion in key areas-, and
WHEREAS, even if the ordinance were considered a project under CEQA, it is exempt
from environmental review under the general rule stated in CEQA Guidelines Section
150,61 (b)1(3), because it can be seen with certainty that there is no possibility the adoption of
this ordinance may have a significant effect on the environment, in that it preserves the status
quo and does not authorize any specific physical changes to the environment.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I (PURPOSE). The purpose of this Ordinance is to adopt interim amendments to
Chapter 21.34 (Wireless Communication Facilities) of the Campbell Zoning Code in order to
bring the City's regulations into alignment with federal requirements established by the
Federal Communications Commission's 2018 Small Cell Order (FCC 18-133), and to protect
the public health, safety, and welfare while comprehensive permanent regulations are
developed.
SECTION 2 (INTERIM AMENDMENTS). The interim amendments to Chapter 21.34
(Wireless Communication Facilities) of the Campbell Zoning Code, as adopted by this
Ordinance, are as set forth in Exhibit A with underlines (underlines) indicating new text and
strikeouts (&t4�eotAs) indicating deleted text.
SECTION 3 (SUPERSEDE), The provisions of this Ordinance shall supersede and take
precedence over any inconsistent provision of the Campbell Municipal Code to that extent
necessary to effectuate the provisions of this Ordinance for the duration of its effectiveness.
SECTION 4 (CEQA), This Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Sections 15378 and: 15061 (b)(3), as it does not have
the potential to cause a physical change in the environment and it can be seen with certainty
that it will not result in a significant environmental impact.
SECTION 5 (ADMINISTRATION). This Ordinance shall be administered by the Community
Development Director, who is hereby authorized to develop forms, policies, and regulations
for the implementation of this Ordinance and interpret its provisions to achieve compliance
with State or federal law. Where a disagreement with the Community Development Director's
application of this Ordinance occurs, the procedures for an Interpretation provided in Section
21.20.030 (Procedures for Interpretations) of the Zoning Code shall be followed, including the
provisions for an appeal.
SECTION 6 (SEVERABILITY). If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of the Ordinance. The City Council hereby declares that it would have passed this interim
ordinance and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 7 (APPLICATIONS IN PROGRESS): Notwithstanding Section 21.01.050.E (Effect
of Zoning Code Changes on Projects in Progress), this interim ordinance shall not apply to
any application for a wireless communications facility that was filed with the Community
Development Department and for which all required fees were paid before the effective date
of this Ordinance.
Page 3 of 4
SECTION 8 (PUBLICATION). The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its adoption
in accordance with Government Code Section 36933.
SECTION 9 (EFFECTIVENESS). This Ordinance shall become effective on July 1, 2025, and
remain effective for a period of 45 days, unless subsequently extended by the City Council.
PASSED AND ADOPTED this 1st day of July, 2025 by the following rail call vote:
AYES:
Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ABSTAIN:
Councilmembers- None
APPROVED:
Sergio Lopez, Mayor
ATTEST:''
Andrea Sanders, City Clerk
Page 4 of 4
Exhibit A
Chapter 21.34 WIRELESS COMMUNICATIONS FACILITIES'
21.34.010 Purpose.
The purpose and intent of this Cha2ter is to provide a uniform and comprehensive set of standards
for the orderly development of wireless communications facilities and to reasonably regulate, to the extent
permitted by California and federal law, the placement, affixing, attachment, mounting, construction, erection,
installation, siting, collocation, modification, relocation, development, use, operation, maintenance, and removal
of wireless communications facilities in the City-4C-ampb4l in a manner that protects and promotes public health,
safety and welfare, and balances the benefits that flow from robust wireless services with the unique and historic
character, aesthetics and local values of the City. The standards contained in this Cha2jjeLdaap1aE are designed to
minimize the adverse visual impacts and operational effects of these facilities using appropriate design, siting and
screening techniques while providing for the communications needs of residents, local business and government
of the City and the region.
These regulations are not intended to, and shall not be interpreted or applied to:
A. Prohibit or effectively prohibit personal wireless services„ in violation of State or federal law- or
B. Unreasonably discriminate among providers of functionally equivalent personal wireless services; or
C. Regulate the placementtjnstallation, operation, collocation, modification or removal of wireless
facilities on the basis of the environmental effects of RF emissions to the extent that such emissions
comply with all applicable FCC regulations; or
D. Prohibit or effectively prohibit any collocation or modification that the City may not deny under
.Statemor federal law; or
E. Preempt any applicable Cai +a -State or federal law.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.020 Applicability.
This Cha terela t applies to all wireless communications facilities including, without limitation, all new
facilities, existing facilities, modifications to existing facilities, wireless transmission devices, support structures and
related accessory equipment, unless exempted by Section 21.34.030 (Exemptions).
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.030 Exemptions.
The following uses shall be exempt from the provisions of this , E;
21.34.220G.Q.,,,,,,, Definitions . A. Any non-commercial communication service as defined in Section .................................................................,...
'Editor's note(s)—Ord. No. 2226, § 4, adopted Sep. 19, 2017, repealed the former Ch. 21.34, §§ 21.34.010-
21.34.230, and § 5(Exh. A-1) enacted a new chapter as set out herein. The former Ch. 21.34 pertained to
wireless telecommunications facilities and derived from Ord. 1965, § 1, adopted in 1998; Ord. 2043, § 1,
adopted in 2004; and Ord. 2070, § 1(Exh. A), adopted in 2006.
Campbell, California, Code of Ordinances
(Supp. No. 40, 9/24)
Page 1 of 37
Created: 2024-10-29 13:32:08 [EST]
B. Facilities in public rights -of -way which are regulated by Title 11 Streets and Sidewalks of the
Campbell Municipal Code.
C. Public safety communications facilities owned and operated by the City, County, State, or Federal
Government.
D. Facilities owned and operated by the City for its use.
E. Over -the -air reception devices ("OTARDs") as defined in 47 Code of Federal Regulations (C.F.R.)
Section 1.4000 et seq., as may be amended or superseded, which include without limitation, direct -
to -home satellite antennas smaller than three feet in diameter.
F. All antennas and wireless communications facilities identified by the FCC or the California Public
Utilities Commission (CPUC) as exempt from local regulations.
(Ord. No. 2226, § S(Exh. A-1), 9-19-2017)
21.34.035 Prohlb ted facilities.
�,Oywrireless communications facilitythatITdoe notmc®rnp_I,y with them°mmgst c°u°rrgp ve Mate .and operational
standards and„re trfatjgns LincludLin bL't°ggt°°Irra�rted ta,mRF emission stand rdsj do ted by the FCC its„prahi iced.
21.34.040 Permits required.
Thpp ur ese t.._is ...i,_.s. o.oest bfi clear_...___ R,,f .._ rk for communications
�„ _Section is to esta Irs a °�errnittrn r�rn°ewor or ca�...,.° n.,
facilities0verned by this Chapterw
Aw,,y °r ess,Cammunications Facility P�rrnits. A wireless Communications Facility Perrr`i _asw rovided f„or by
thisgSecti�n� subject tothe City s prior review,arid a rgy!..in accordance with the roced ures in this
,� .._q,_..°_—�._..._ _. .°__y .w.. rntain
Cha ter is re aired rior to conductrn an work to canstruc create °nlargeerect, install. mam,
modify or palace a wireless communications facility sub tect tg this°Chat V1.
1 Tier 2 WirelessCommunicationsFacility PentATier 2 Wireless Communications Facility P�rrriit°is
rewired for:
All new freestanding facilities.
2. Tier W1 Wireless Communications Facility Permit. A Tier I Wireless Communications Fac1lrty°,P1eWrmit
. is required°far�T
i.
All new or modified faci ities�new re,es t„andiin :wireless facilities.._
3ww w_ Ministerial °Wireless Communication Fac,i,fity Permitd� Miwrristeria°I. Wireless Communications
Facility Permit is reuired for:.
i. Any eligible fiacilities,°re uest �s defined m S,ectiown 2134.220 ,�Defin°itions.), rovided it
satisfies all olicable eli ibilit criteria.
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 2 of 37
BQ Other
Ch he |
e d"eral state or loca Government agencies which includes without limitation an ntkor normits
anclZor
tural Review Permits and Site and
Architectural Review Permits, pyrsVARt,,jq_Chppter 21.42 of the Code,,_shall not be,.r@_quired for facilities
. A per'issued under this Chintpr-a �
does not create avested right tooccupy any particular location, and apermittee
may be required to move, relocate and remove facilities at its expense consistent with other provisions of
the (gdgCA9---and applicable law.
CD. discretion. |nany instance where a
����s communications facility requires
under this the
Directore-efr,FR4R4y,4eve4opp+en-t-dk�ec4or shall have the discretion to refer the lication to the
Created: 2024-1v'ms.,2.voron
Page sofs7
A. Tier 2 Wireless Communications FaciIIIIIIIIIIIIIIIII11t Permits. The Planninu Commission shall review and conditiona
Tier 1 Wireless Communications Facility Permits. The Community
con.�i.j.i..o.p a r y2a.!.ications for Tier 1 Wireless Communications Facility Permits in accordance
with the rocedures set forth ii
C. Ministerial Wireless Communications Facill Permits. The Communit Devglo
compliance with theprocedures set forth in Section 213±110L cii
Ministerial Wireless Communications±a 11y
Permit deci
21.34.060
�t j_tji_ ppEove a Tier 1 or Tier 2 Wireless Communications Facilities Permi
ji.ons facili l, as conditioned is consistent With the mywgm.21
the Code and General Plan,
location availabl- -ursuant to the Code and the Cjjy�§�ards 2gsian
the Wireless Fari ity
Iternatives are either
Ie
C. The applicant submitted all I applicable and correct information documentation fees and deposits and
D. The Ci 's decision is not in conflict with or reern t State or fe&4 law including iny --its
on local O,qthoritv and prohiblited Rarounds for denial.
if the a . licant r ------ limited exc otion from standards as set fo Section 21.34.
e ust also be made:
!j.__jhg_ppp!ica t has demonstrated that the x�e s is rjarrjo tailored to the minimum
I HIM-__ALro�nds for denial.,
.Notwithstandin any other orovisions of this Chilaoter the denial of a Wireiess Communications Firi itv
'Permit may not be based on the environmental effects of RF em�ssions for wireless communications facilities to
the extent that the ao licant has demonstrated that its ro osed wireless facil t i com V wit FCC re
21.34.075 Permit term Ilimits.
The purpose of this section is to establish clear and consistent rulles CroverninR- the duration and on of
permits for wir6ess communications facilities. includin2a the amortization of existin- facifties that lack a snecified
Created: 2024-10-29 13:32:08 [EST)
Page «of3/
MAMMOTYA
r_A%IMjTnjMrjMff Mt
1 ears from the
202
Z22ZL —Or
b. Ten ears from the date of their ermit vest
21.34.0850Application procedures.
Anapplication for aWwire|esCeommunicadons FfacUity haUbefi|edand
reviewed in compliance with CA4&Chapter 21.38 (Application Filing, Processing and Fees), as may be amended
from dme-to-time,unless otherwise specified inthis
(Supp.No. 449/24)
Created: 2024'10-2913.32.08 (EST]
Page sofs7
IMMUMUMM
Q!��on with the Wireless Communications Facili y_�er� i gpp_(i ation. Failure to
submit a re_qy,ired,,,building,pp.MiL�_nq_y result in the Wireless Communications Facility Eermit
application being deemed incoolete as determ
C. Revised applications. Unless waived by the
resubmitted applications that result in a substantially revised facility design,
size, height, or location such that a new orsubstantially different project, warranting anew round
of completeness review, is proposed, shall be required to be withdrawn and a new application shall
befiled for the substantially revised project.
Timeline for review. The thneframe for review of an application shall begin to run when the
application is submitted in writing to the CaommunityQdeve>npmentDdepartment but may be
tolled by mutual agreement or in cases where the City determines that the application is incomplete.
The application processing time for applications subject to this shall be in
conformance with the time periods and procedures established by applicable FCC decisionsor rules,
adjusted for any tolling due to incomplete application notices ormutually agreed upon extensions
oftime`+
Incomplete application notices. In the event that City staff determines thata permit application does
not contain all the required materials,
d��_mayissue an incomplete notice consistent with this subsection. When applications are
incomplete as filed, the timeframes for review set forth in Section
1ejew}��abovedo not include the time that the applicant takes to respond to the City's request
for additional information.
First notice. haUdetennine
whether an application for a facility is complete within thirty_L30
� calendar days of the City's receipt
ofthe appUcat)on and shall notify the
applicant in writing when additional information is required to complete the application. The
incomplete notice shall specify the incomplete or missing information and the publicly available
information source that requires that missing or incomplete information. The applicable timeframe
for review set forth in Section shall be reset
oUed
_for all othftL�Mlications under this
until the applicant makes asupplemental submission,
responding tothe [ity's request for additional information. The timeframe for review begins running
again when the applicant makes a supplemental submission in response to the City s notice of
(Sucp.No. z0, 9/24)
Created: 2024-10-29 13:32:08 [EST)
Page 6of37
incompleteness„enerall and with res ect to a lications involvin[s smalU ceBl facilities,shall be reset
(pursuant to aMricable law1.
2. One suubmittalSu it . The applicant's response and submission of supplemental materials and
information, responding to a notice of incompleteness must be given to the City in one submittal
packetww ich shall be submitted exclusive) through the City..... esignated online ermitplatform.An,
,,,,,,,,,,,,,,,,,,,,,
alternative submittal method ma be used onU if the City ana er or their desi nee first determines.,
...............................
in writinL that a demonstrated technical or acces"!Jbilitv issue unintenti, 1 revents use of the
i,tys dgsJgnateLd_gn.!Jnep prrriit w@.tform. Resubm tals shall onl�,be„pcc �ted orb .days �r�d durir�g
hours when City offices are open to the public for regular business.
3. Subsequent notice(s). After an applicant responds to an incomplete notice and submits additional
information, City staff will notify the applicant within ten 10I calendar days of the City's receipt of
the supplemental submission if the additional information failed to complete the application. In the
case of second or subsequent notices of incompleteness, the applicable timeframe for review set
forth in Section 21.34 0-580.D.(Timeline for review)_ shall be tolled until the applicant makes a
supplemental submission, responding to the City's request for additional information.
4—The City may continue to issue notices of incompleteness until the applicant supplies all requested
information required to deem the application as complete. Following each notice of incompleteness,
the applicable timeframe for review set forth in Section 21.34.0-580.D.(Timeline for review)(-a}shall
be tolled during time that the applicant takes to respond to the City's request for additional
information.
Withdrawal; !1xteqsionsEA-ensieps of time. To promote efficient review and timely decisions,
applications deemed incomplete must be resubmitted within one hundred eighty 180 calendar
days after notification of incompleteness, or they shall be deemed automatically withdrawn.
l iag� '�-_ , t;.._ ��-e i&y--� el -di - ay.. �,ma.- e•-ti e
exte _.in -free sing- e-te-r ubFA4.-44et-te- eeed- d d ilty..caleadar-days- -.If the
application is deemed automatically withdrawn-{ice-en-applicable-exteosie-fteriod;4-graRt�ed;4"a4
pined), a new application (including, fees, plans, exhibits, and other materials) shall be required in
order to commence processing of the project.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)
21.34.0960 Submittal requirements.
For all wireless communications facilities, the applicant shall provide the information listed below.
Application for a wireless communications facility shall be made upon a form to be provided by and shall be
submitted to the Communi Develo ment De artment throu h the Cit 's des,, i nated online ermit
�L�tfo,rmdeaeetd e p The form shall specify the number, size, and format of
the project plans and application materials to be provided. The Community Development Directorpe n+uT*
devei en-t,4iFec-toF may waive or defer certain submittal requirements f equ+re
ifiaprej tefs. Unless an exemption, waiver, ..ar deferral -or aiv applies, all applications shall include
all of thefollowinga eacc if•a it€ad• tefialwis• issiaa� cet#ul$y- feted:
A. Application. A fully completed and executed City application form for the type of approval sought
(and all information, materials, and fees specified in such City application form), available on the
City's website or from the Communit Develi''1011ent De artment _�y-_devefe efrt
aftrnent, as may be amended from time to time.
(Sapp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [E5T]
Page 7 of 37
and de 2si,ts, Application fees, and de osits when ap,plicable� es set forth in the
B. Application fees . ....,,, ,,,,,,,,, ,,,
City's�Master Fees Schedule or_its successor or by gr olutipn adopted by the.w,City Courocil in a
payment format accepted by the City Finance i7e�aartment€+sa eeeftt I as maybe amended
from time to time.-Exce tion: if the ado ted fee exceeds the maximuirn ermitted b a livable law
the City shall hest fee allowed..
C. q„ild,in _perm t. lfITs_perrnit_ pplication c?yernemd mby jbis.Ch,apter reutr s a „buildin
W.._„permit t e
cp_rr candsrr buildin , p g rj2�
kt_ppplication must be Submitted in accordance With Sections 21.3,�.080
...
lAr��lication procedures�.
D. Written statement; type of a . The p pficat onmmsh11i„n„clude a detailed written
narrative that clearly and concisely-.
Identifies2. Discloses i1py,pgI�iQbl,e,1s.hot clock or statutor�Ltlmeframe for review and decision under federal or
+
stealth cle��n + ,
5. Provides a description of the targeted service area s gcifyin A elinear distance in feet,jg�&,
r d dSection 21.34.180
* ffrom standard' c e_ ++ ♦ permit should be
A.��ritter+-�e#�e�eseKi�ia�- j�e�ia-veil-�+6u�i°a-��r�fa.ry.of-fae+li �+a�4
� - rum �h� es�+s.� •€ i�+�y;-�-e�l4o xi��;. .�I.. � .. � , t,
� iiagat rf .. i�W - oac-h-fe:g. �do...� �#,� '�ik3&e-•#�e+Bity�P.. w� �
� •{i•:�. ` , istKati - ° -� �° e-t-€are�.�ev+ it ter- �+�Fa�e�:��f
ea be�4 t tita n ela ibie fib e r + st ire
a, aided a t° -c4a-thas-det i a4ee
E. Preliminary title report. A preliminary title report (or other definitive evidence of property
ownership satisfactory to the City) prepared in the last six-C61 months.
F. City -owned. If the proposed facility is to be located on a City -owned building, pole, or other
structure, the application must be signed by the City ��or their designee th �
eseptat° -4-the-inn-and accompanied by the license or other agreement authorizing
applicant's use of such City -owned property. A permit issued under this Chanter is not a
franchise, license or other authorization to occupy the public rights -of -way, or a license, lease or
agreement authorizing occupancy of any public property.
G. Independent consultant deposit. A fee deposit, if required, to reimburse the City for its costs to
retain an independent consultant to review the technical aspects of the application.
H. Site and construction plans. Complete and accurate plans, drawn to scale, signed, and sealed by a
California -licensed engineer, land surveyor, and/or architect, which include, at a minimum, the
following items.
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 8 of 37
1. A site plan and elevation drawings for the facility as existing and as proposed with all height and
width measurements explicitly stated.
2. A depiction, with height and width measurements explicitly stated, of all existing and proposed
transmission equipment.
3. A depiction of all existing and proposed utility runs and points of contact.
4. A depiction of the leased or licensed area of the site with all rights -of -way and easements for access
and utilities labeled in plan view and including legal boundaries of the leased, licensed or owned area
surrounding the proposed facility and any associated access or utility easements.
5. For proposed collocations or modifications to towers, the plans must include scaled plan views and all
four elevations that depict the physical dimensions of the wireless tower as it existed on February 22,
2012, or as approved if constructed after February 22, 2012. For proposed collocations or
modifications to base stations, the plans must include scaled plan views and all four elevations that
depict the physical dimensions of the base station as it existed on February 22, 2012, or as approved
if constructed after February 22, 2012.
6. A demolition plan (if applicable).
I. Visual simulations. A visual analysis that includes
visual simulations that show unobstructed before -and -after construction daytime
and clear -weather views from the four most prominent angles, together with a full -color map
that shows the location of each view angle;
2... _._............. . A color and finished material palette for proposed materials juxtaposed against the
existing material it seeks to match (if applicable);
3. 4 -aft photograph of a completed facility of a similar design and setting as the proposed wireless
communications facility (if applicable); and
, _simulation,._ ....P_ mi.._.- � _ lulling sitgklan end-elgv�t�®n drawings,
....__ A visual an sca e ro ect fins _incmudi
showing the maximum expansion of the facility which could occur as a result of a future eligible
facility request pursuant to Section 6409(a) and FCC rules implementing Section 6409 of the
Spectrum Act, codified at 47 U.S.C. 1455.
J. Prior permits. True and correct copies of all previously issued permits, including, without limitation,
all required conditions of approval. For eligible facilities requests, the application must also include
a certification by the applicant that the proposal will not violate any previous permit or conditions
of approval or why any violated permit or conditions does not prevent approval under Section
6409(a) and the FCC's regulations implementing this federal law.
K. FCC compliance; aAffirmation of radio frequency standards compliance. An affirmation, under
penalty of perjury, that the proposed installation will be FCC compliant and will not cause members
of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC.
The application shall include an RF c®rnpliance report (or other documentation) acceptable to the
City, Av k h swb,pen rqp red_and certified by a,pLgLgssional„ electrical µengineer registered and
licensed in the State of California, evidencing that the proposed facility, as well as any collocated
facilities, and cumulative conditions will comply with applicable FCC RF human ex osure_standards
and regulations, (including, but not limited to, federal RF exposure standards and exposure limits).
Documentation of FCC compliance shall be required for all wireless communications facility permits,
including, without limitation, permit modifications. Within 30md2s_of site activation, the applicant
shallsubmitan activation re �Iicened�rpfessonmergireeT,h�re art
shall certify that„field measuredIT.radiofr c�u�ncy emissionsw_,com ly with ihelevels stated _.in_mthe
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 9 of 37
Electrum net Emner __CqM ianc,e Report and confirrnthat all regulred warnwir7g suns ndmmother,
rec,2,u,t,i,onar,�,easures have been uroperly instilled.
L. Required Ikicenses or i0pprovals. Evidence that the applicant has all current licenses and
registrations from the FCC, the CPUC, and any other applicable regulatory bodies where such
license(s) or registration(s) are necessary to provide wireless communications services utilizing the
proposed wireless communications facility.
M. Structural analysis. A structural analysis, prepared, signed, and sealed by a California -licensed
engineer that assesses whether the proposed wireless communications facility complies with all
applicable building codes.
Other permits. An application for a wireless facility shall include all permit applications with all
required application materials for each and every separate permit required by the City including, but
not limited to, a building permit and an encroachment permit (if applicable). A permit issued under
this is not in lieu of any other permit required under the except as
specifically provided in this Lba2teLebiapleL Further, the applicant is hereby notified that all permit
submittals are'at risk', and that application materials may be required to be modified, and if denied,
shall not be reimbursed application fees.
O. Statement of Purpose. A written statement that includes:
1. A description of the technical objectives to be achieved;
_p�n annotated topographical map that identifies the targeted service area to be benefitted;
3. The estimated number of potentially affected users in the targeted service area; and
L #Full -color signal propagation maps with objective units of signal strength measurement that
show the applicant's current service coverage levels from all adjacent sites without the proposed
site, predicted service coverage levels from all adjacent sites with the proposed site, and
predicted service coverage levels from the proposed site without all adjacent sites.
P. y _ rat must provide a list of all alternative ,locations and su grt w,wmAternativesit,es_gnae ,a lice , sis. T ,
structures that are, more prefer red accordinfl to_the site location and support structure preferences
set forth in Section w213,4 120jAJnwd j cif this,Chaptgr This list must include ,reasona,blymavpilab{e
alternatives locatedw within the ap canV5 rgeted service ,erred that could,,,,,,pptentiall LLrneetthe,
prplect's_covergfe ,objectives, either individually crr,m ,comloinetionwwwith other,sites. For each„
alternative the a Ilcant must provide:
1._____A general descript,i,on of the site and the desi n considered1
2..._. A written„explgnatvonfor wh,ythe site wasnotselectedsncludinj; whether it_yvas t(chnicelly
infeasibleR unavailable,mor less consistent with thiswChapter them theproas d location and
�.
3 A meanir}fulcarrrparative gnAlysis„su prted y„technucalwGraformatGon gndwfactulustiflication.
The_ gpplicgnt rn y,group Rr ..Ij 1p.,..out multiple alternatives based based on shared cha„rgcterisiics if
su ortedbycl(grand.gpnvin,cingtechnicglgustificationdempns„rvalternatives�would
tr'et�in�wt_watsl,lC
not meet the prC)lect's stated coverage C)bleCtlyes.
Exception .Stealth facilities that comply fully,with this Chgpter`s re y,i-rernents and ,which md,o not seek
a Grrrrsted exception frgrrb astanda,rds aspprgvided for bySectionn134 180�,lirnited exce t.igr� frgrrti
standards ire nqt. required to submit. an alternative sites analysls.
F�-; .. �, e 've�° s4 ys.is:-=��.�psea�t- s&-ram ' e..a_ •-.,c�€-�C�..e�� ' �... �r ,. �.
(Supp. No. 40, 9/24)
Created: 2024-10-29 13.32:08 [EST)
Page 10 of 37
ai n , ...ce eyed- ei'em epta�ie��ar�' +ale,- �4e -+�et� mee isterrt wit-ka-t-I:ae
earning e -alysi nd.. c-�-�teckarai�a�" 'e�arrc�-eta �c-��asttfic 'ers-
are sa�y�te- �-�.� ent �� -. 4ayr-� alter° 've=�-a� e �4e +nfea • ie t� ve�a�le
er-�etmas_e -tbe.. err�t standai~ds +r�--tka��h-�ta��we�ese€f.�ecati �..
+ ieg... ty4s-listed.w4y. tlae
+fic4,)tk:m.4-& -exist' ir-ei s F+ i s ' asfae4ityas+e vial3de ti &tka4Eflities,
s f�etbe-+eq,4e4-te... ide..an i s$te maalys+s:.
Q. Noise Sstudy. If the proposed facility (or any portion thereof or equipment thereon) will generate or
omit noise, a noise study prepared and certified by an engineer for the proposed facility and all
associated equipment including, but not limited to, all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators demonstrating
compliance with the City's noise regulations. The noise study must also include an analysis of the
manufacturers' specifications for all noise -emitting equipment and a depiction of the proposed
equipment relative to all adjacent property lines.
R. Other information, Such other information as the City may require, as specified in bJ!EaUy ubliriv
available materials, including, but not limited to, information required as stated on the City's
website.
S. Construction Sstaging/Pphasing elan, A construction staging/phasing plan shall be provided
indicating the location and duration of all associated construction activities.
T. Content €exemptions for Ministerial Wireless Communications Facility mP�rrnits„- l' ' e m aci s
t p , Notwithstanding subsections (A) through (S) above, applications for
MinisterW Wireless Communications Facility Permits„exempt from
the requirements in subsections (E), (1), (0), (P), (Q), and (S) above.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.100070 General requirements; standard conditions of approval.
In addition to any other conditions of approval permitted under federal and Sstate law and that the decision -
making body deems appropriate, all wireless communications facilities whether approved through a_Wireless
CoYie e ire .e e a!evao-t; rnrnunicationF� s cilit Permit
-elea or deemed granted by the operation of law, shall include and abide by the following conditions
. a�plywhydefaultnmlessmrn®dified��r yrived bythew licbie d�cis(on�rvikin
of approval. These conditions shall
body @s part of the rmit For n,qn mdisc eti®nary ®rwrnjriisteri�,l � rov�lms�,�n�luding
„R d by,_I s�rxthese c®wnd�tiaris shill I��n fill ur4lessyotherwis �rpern�tedwby Inc those deemed rants,
A. The servicep
* * ardLor p _tqy,owner shall remove all obsolete or unused
**
hundredfacilities from the site within one * y nclarprope ty owner or cessation of op ro s, whichever comes earlier.yLpf termination of the lease with the
B. .l +; .
4 val. @[!OAy p of a itshal be QyerrIg byJ__ _1hg_pr9visions of Section
# Permit
# licenseBusiness ,with a wireless communicatiom.___h�y
obtain d maintain a Citv business license.
(Supp. No. 40, 9/24)
Created: 2014-10-29 13:32:08 [EST]
Page 11 of 37
on the site. For the pqrp is e ment utine maintenance activities shall not be considered
to result in a ablact measure im
— — ------- - p n p kiri&bp i cAt i o n s fo r gl jgLb I gja�j Li I be exemp ti _[p_qu,ests,shal
L
from this condition p[_qvided that any n itl
Lqduqion.in, onsite p ces clogs, iolate a pLiorj�O!ki
f a gfgtLgLde
11JUM , All
law. The Communi y-De el pMent ®ppart ment shall collect costs on behalf of the,,.Cit
G. Develaprment a d_®perplional standards. All facilities shall, satisfy theydeveloprnentwstarrdardsmmmefthe
primaa (dLiqg.pf,ft,zonin district in which thp a epfoppsgd.As t
. ... .. _yyg!!,As�grequirements of Chapjer
ferenc light and r noise, r, vi ra inter 2-
LqainteriarjcejALI.�japtgr 2L15JSte -q�ej_oprngfq Stg!IdAd-5L_E?��gpiqM.ev lo ent and
--
operational standards shall lo'1111111110��I P nprmittp r:
L.—AngliI faql,jty �gg!,Les�t LjhQ g�jgLrLt Ire red byja i 2. _Asut�p_querit coll.oc.a.tiolq fgci31iy_jo t e extent.Ee b alit ia Qpvernment Code section �S850-6(21
3. For a stealth faci,lity. when such exception is limited to maximum allo ble heig�jt,'.g..minimum
. . I .......
�,gtb�4cks,A h g?� �etjq s ti
_qdyL_ _q would not result in a_pg[ceivable vi ual im
4. For a conce Iedjgj&SamQqfIaf tree, an exce tion Lthe ap cable heiRht and
9 qd,to resemble a setback standards shall be allowed solely.Lor artific�ql brpM,he§,jbgjr associated leaves or needle
. ......... . - — -
iln y anc la s pp2rt p sg�d xclqs�jp,,�yp ort those branches. Such elements ma
encroach q_q111pl�g,mimmum extent rigicessary
_L_[eplicat ap _L _�And fullness of the tree
hg!O&TL'rql� 1h—is'q—Xce2t—i �a.2�qt!-Dpt applI�pEj qry rugy,E�l qyp rt Li.t..t !n Lower �nySjther structural compgnqnts, includLn,&_�ide or seconclar pg[iI
s.yppQq aq OnAs. aoLio_eg!�ip Mgjt,,,or other functional elements of the wireless f��
WWWW"
comp!gt(�d prior�o op ilqI thef I onent of that facility).
IN MOM
Lto
aLL ,thedimension bulk and scaL�,,qq!qr, mterials and texture,.AnjL turg modifications to the facility
must not defeat concealment.
. ............ ....... ... .......... ..
Lyles and regulations.
th app,rpygo, 2!Ms onji I e with the Comm u nity.Devgl op enLDgpartment.
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST)
Page 12 of 37
elements of the facililyin emer e.n.cie.s..o_r_when the facilityInIL atens imminent harm topgrs_Qn_gr
212qertyL.
M. Contact information for.responsib,le.pgftg�jbg�p(Lr_Mittee shall at all times maintain accurate contact
information for alLpgLjes L(Lsj2p!2sible for the facijtyw�ich shall include a.p�gq�_�uqtjjer,,�tEggt Log
address and email address for at least one natural p_grsojL6t!.sqch contact information forLp _�pqps.ible
pqjjjgs�.��al I be p(qMWed_jQ thg_�orn nity Direct o -S!',
jnj�L— _-pgyg!ppM�nL__ r-qp-Al�-qgg
N. General maintenance, -rhe site an the lit d_ fagLy,_�qqlucling.§ut not limited to.al,l landscapiLng,_Lq[!��in&,_A�qceLs
(gutts, strLL and related,g t i neat Lafge,,ArjO concealryi ent featu re�, _q!�ipqjgq__Mg be maintained n a
manner and in accordance Lthallpp cd-e-a-n- _p[jq ejaAs.,App ah,L qtppproval,
0. Graffiti removal. All Braff iti or other vandal ism on facilities must be removed at thg sole expgnse of the
permittee within fortv-eight hours after notification from the Citv.
P. FCC finclu dingbu.,[!qtji m ited to, R-F,,Exposqej,gorppli _,�!�Jacilities must complyy��..gL(L,stanclards
and re ulations of the FCC aq4jqyq g,L.State or fecleral.g9yeEn t agqrj�y uthqrity o
0 Abandonment.,
UMM
. ............................. . ....... .
2. After the un Develo ment Director declares a facilily omp I
abandoned or discontinuedtg�pgrm Lt t IMgl@�n he date of t tge shall have six _ _ py� fEgallhe date of t
declarati jgLIqqger time as the mmu i develo ment director may o ritingA�
Lre a s �on a b
(Supp. No. 40, 9/24)
a . Reactivate the use of the abandoned or discon inued facili Jqr� mp lb Q- _qrj.g.DL gEg9f)
a roval - or
b. Remove the facilLty,jqLcqMponent of that fpcirityjq All im vements installed in
connection with the facilitjjg.Lqp
acilitydirected h se bv
fLA less ot erwi
the Commu Dgygj,gpRgjnt Director.,and restore the site to a condition inj;-QLqp ia
WAh_Al! gppflgable codes and consistent with the then-existing.�urrQqn ing,pfga,
Created: 2024-10-29 13:32:08 [EST]
Page 13 of 37
LAFArANtV3IK*WMTa4"i min
�L,_..j�fte ermittee fails t _qoTp jEovisions of this Section 21.34.100.
. . ........ _�'e& i At ct to treat the.facilitv as a nuisance to be abated a§provided in the Code
��IucliD&_�ut noLlirr Lited o Ch te
pLqRg,rty_ypQR, which the wireless facil is insta Iledl shall defend iWith counsel jq� is to be install e
Le—asqfL�§�Y-,�Fi! LsfAqtmjq.L�t_�ybj n dem n i armless th_t"�i of Camp!2!��tL2
direc a §,L(�p
tqfrs'-R-R� -rqsggtati\� .�n (L nq Mp(qyfL��=ITM �_ _pga,inst:
LIcLp.MaRe§. �ia bilit, n s,,.!osses.,.qgst�. pqd� qs9 r�Lrq.An i �tanjAnd
i- roceedin ts,,yits of mandamus and other act,ons oi §jr�qghj,agai st the Cit or its off cers of als dire or aRtnts, epEqst!jtaLti or oy es to
fici ct s, L em
--p-L L
Lttack, seek to modifyAet �ai�Le _y!jid or annul the Ci 's a Eqy o an mit Pp _LL
.................................................. ....
�the course of the defense.,
(Wif"I 11 a in In vim
. . . . . . ............ . .
Facilities, qg�IL§ball cp,!I!p n a�Llassociateclp rpl!Ls,�hall(rj�!ucl th lo ard
permit.t.ermextensi n.jheCi jEapt. AnLby eration of law of a Ministerial Wireless Communications F�*cilijy,Permit.for an elig�b�e faces reguest constitutes a feclerally-TanqA�e
Q modification to the und rlyi pe-mit.or,a b owg[ a_rip, _p T_ oval for the su _qL�se station. Th
grs .2r,&ppt by_qperation of law of a Ministerial Wireless Communications Fa lity Permit for an
t(gib �efgces �guest will not extend....the ermit term for any.p njt,.g.(
triL _approval and its term
shall be coterminous with the underlyi g,p _tgnjt q�he� I�tqry 9 _�ppL !_19L��TLy�jtc _I
or la,;.se st,;�tion.
(Supp, No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 14 of 37
be iRc4u4e-din-all
a-ROOf
--The
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 15 of 37
� �ide����t°��+�-�e�a� 'E���a_� i�e..�l ' ��°�s•�,�I�la��.�. 'Ea�� di ' _ek. �� -�� +
bua iRf;-Gr- } �;
ties adi ° cas m E3 �s� a�el i of , , . d ¢ y s s w�� 1 ..e -unityelop ae
H- t
-
e �wck. iifi. rA411tisfy-tfiede velopm ew, a+ds.4 the
i�+•+�+. .�-� : fir-�f� ; as-+�a � a��i����-� ids-o-�Edi��e�i� :�6
perf
pitted # -� -el �b _ 64t esf49.td f equif
twee -men u*ed..dy€ 'iity en mush
,,,fi,. .
saii�-ice le° a
�:�- -�1i• its- aired. .� + y ted-+ f�� saae�ats; �i4 �e
e� e .fie--��e��ie�r-e� i4ii�-¢�� �� _ °��da-€�Ei•ii
�:��e�a���l+�e�t��e�ast-� � st�i�l� a�►d�� e��eailtis-eE��aside�edm��-eles�es�� e€ eE��ice��e
41-e ... s
a-� �li...et�, •-€eder�d;•��A � �•�a s;
„
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 16 of 37
fegulate -5uc-h,
(Supp. No. 40, 9/24)
Created; 2024-10-29 13:32:08 [EST]
Page 17 of 37
gFaf+t,aF
fa6fitie-s+ "uerAiw4t+tet,exA-eRdt4&pefmit.-ter4�n,fef,-any,,A4sepeFfn4t.,-a4fffinis4ati�-,�--and.-aFc-hitec-.tw�al-fe-vi--w
,ap-pF,.wed;-.-A4,c-est-s-as-,ec4at-c4, wi-V4 the-+eview-pi�qc-e&s-sh-a4 4e49f4e-by-the- sepAee,pfGvideF,��fFn-4t-ee-and/9-r-
fequest-
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.110 Ministerial Wireless g9m uq:igtjp acilLh! P r ocgss.
. ....... ...
of the Middle Class Tax Relief and Job Creation Act of 2012.
A' Review p oc (L. The Communit D I�L Lop thqi cle iggge ha L e��yL q conduct a
ministerial review of the ap _pliqation to confirm comp��An th 1, b ovisions of this
qh,qj2tgr, apRrqy!�d,gqncLitions_2f appEgvgl,_g_qd....rel.e,v.a.nt_.State an,d_federa.1 law. No pq�lic hearin shall
B. _Appr p.1 iq: Th o nit -.Dey-gl-o-p-!ng-n—t,,2rLe-cig-r,.-gr- ngeshall p o�Lean p.pp!ication for a Ministerial Wireless Communications Facility Permit when the uest meets all of
. .. . ... . .........
±__ �folloM�inre �Lflremen�ts.
1,,—Ihgpro.pg�eo,,fqLility,�29��.not involve or E@_q.qjE neW_�jLqrgtLi(Lna(y rqy�4�i.And �,._:jhg_pLop se�jq!;t �qmpLiqs With all ap liga.�IezgQ�inRL iLi o gjgn ts qgglg_ _(pqqiremen and
condition
(Supp. No. 40,9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 18 of 37
C.Additional aparc yal,g[,La_f ib,ests.,,E g(Aijg� !g facility [ity _Tgy_ ppjications submitted underSection
K4QTjaj_qf,jhe Middle Class Tax Relief and Job Creation Act o d f _the Director shall.a ditionally.
determine that:
1fin b a-icjb,!eLqde[al law and 1pi�—qLariLiesa pEli beFaciitiesRe ues s e..L,,
FCC L ei ki —atJ —on- -s.,
_IaprLoposed modification does not defeat or materialjy _j;g_Mpm iseexistin concealment
elements or stealth des12-n features of the facilit orly2p2rt structure;
................................
rem i°ns with all app�ijc L _kb!t.KC RF
standards- and
4.--.Lh—e,pLogg-sec RQ.Lificati_on d-g s. not constitute a "substantial change " tqbe.pbysical dimensions
of the existiqpyyt[g[qK,tower or base station0 i� —
,,qsAf�fqELd..b Section 21.34.2 De n tions. of this
Code or applicable federal law.
D. Denial criteria. The Commuwnity Develapment D ector o t gir design,ge..Inspy inisterial
mmmmmm .
Wireless Communications Facil
—E2E�jt Permit if the
1. (s not in substantial conformance with the...a _pLoy_q_q_p[qns, conditions of RE 1,_ aL a j ilndz�Le -d—fg
or materaI ��gL@dpsj�onconic elements orsteaIth d sign exlis fa cjilj!ty or
-2--Viol,a—tes ap-p!i!�-a b,.1'—eb gi—ldinL stru ura , electr ca fe es.p _r le24jjj.gnfqrqegkle pgr.M.it
conditions,,.or
L._Y�sq[Atgs p ic health 2Lsafgty standards enforceable under a p ic
--p-
E. Additional denial criteria for eliy,,L11LE� fp,!;�fflty �g g!�ts. � EAp _qg _plications submitted under Section
,§4Qqj@j of the Middle Class Tax Relief and Job Creation Agt_qf 201.2�hg,pirector.mayAl5q_ eny he
EtUest: 'if
I.. pMqsedja_qilJtLfails to meet the criteria for an Elijgi�blg FaqLir igs Lt� _�g_quest under federal law
and FCC r
2. The mod.ific.ati.on constitutes a "substa ti I chan e" to the j1hysical dimensions of the existinE
wireless tower or base st�IlLias defi ned,Jpy iQr!21.�4.2201qefinitions. oft iLCode or
F. Denial without pre�udice. Any __Oer��qj of_� Ministerial Wireless Communications Facilily Permit shall
11 iii; [11, If 11
WAAM",
(Supp. No. 40, 9/24)
Created: 2024-1e-29 13:32:08 [EST]
Page 19 of 37
A.-......_. d s s sae ee4evek4+me-Rt-4fec49f
fac-4it4es.-feq,HerA.wheR-.tht-4ifee-t-gf -finds
j-----T4,e-,a-p-pkafft has PFePG-,e4-+4+94WIGaIjG-R-
aWk�abl,e- lx44ngr-st+u-c4u4;
3, -44,ate-s--aRy- -pef
MEMEEM=
-Ret-qu44y fGf-ma-ri4atofy-apWavat ++A4ef
--
WithOUt--Pfe-jWke
T- Nor, 2-243-, � -14E- x-h- 4Y, -5� -2- -202-3)
21.34.:12.0990-Lor.atk.mPlacevT,aent of wireless communications facilities.
��IMRIIMU - M-
federal law.
KIM
facilities in locations acc dLingIgAhe o[lq!A inR rgferepcps ordered from ost p efegiqL��lgast
or
RIfferred.
(Supp. No. 40, 9/24)
Created; 2024-10-29 13:32;08 [EST]
Page 20 of 37
2._Li,gh�t lq(tust(iaN,. d arch ean
d 9p q.,t rcia Li t Industrial design eq
J ....... . . -------L1�tY9I e
- _M_ �q�.'Peneral Comme Y Rt! _qt_
LLrcel&
3. Public Facilities an Doen Space designated parcels
4.
......................IG..enera.4......0ommercial designated nrcelL
5. ..e............�.......orboC.Nighbqmmercial and Professional Office designated Is-
6. Mixed Use designated General Co clesignated pgfc�Iijexqtq,o:!Dgt those desigmmerciaY
.— I Rd,qstLi a% shall
bg_p�Lg(itizecl based on their,p2r[Ditted residential cle with reference ve to sites that allow
_maa. ......... _._ngtL__p �_p
or, a__ i her maximum clensity.As�Chjn this_priorityiayg!- then
maximum density within th then
..................... I ...........................................
8.--Histo icall desi ated,paL s c 4s kith gLy n -,other
fto.ximijy,to,Low-lDensity. qggtial Areas: Within each of the cajeg2rie� Ii ted,�bqvg,[ cqtions within
Z00jget.qLf,p-pgEcel cl� nated for low-d nsit residential land use _shali be considered less p fg e
than other areas in the same categgry ra e such sites shall still be considered more p(&__�L
than locations, in AnyLo [-rAnkgd catggqryj�i efg(�nctjs intended to reduce p(?tp,njW se
conflicts and visual impLcts,qn s!j!2SLtive residential areas.
NoteJorthe qft �i� �e�iqq,,pg �rcels ar�e4q�ignLatgd-�yjancl us!;L,�Ls.Ag.I2iLteA-q n th.g.Lity
General Plan La se Ma as amended from time to time.
!L. -,,,Lupp2rt stlyqufgpreferences. Subordinate to thg site oc tion references described in subsection
p structures in the followjqg.qr�gE otpEeferen�e, fi�orq M2st preferred to least _p.referred:
1, nstq!Latjons of new stealth facilities within an existin lid n or structure that meet the desi n
z
-1e a s —tt o —th e,.!D a-x."i Mmu mh e'iRh_t,p p_(f!) Littg�Lby _Lh g. a p p!j�c a &4j�:VicLt, and installations that are
flush -mounted to an existin hi
qL�ic owe hen qeting_LhtAg�igal�aL�iLrertl�,nts and
"I "1 0 M C� prim
5. Installation of new freesta dingAireless facilities
_C.Ltss rred locio atns or
_preferred locations or structures. For app igations hat involve lesseL-p
structures , 4 u bs ecti ons A wind , B abo the app clear and
5, p gL
... ... .... Must demonstrate
Lqnvincin evidence that jqy_rnoL ort structures within the t r eq
q_pT_ferred locations o , su
--pp-T'-- � -�A
service area would be technically infeasible.
eenf4c4-*vith,4i�ab4e, federal -G+--,tate -taw;- wif 6ess
site 4R4,afeI44eet-t*a4 -as-4eseFA4e44'R-1hi&
PAo-r,e.pFefL-r+e4,+Feas-
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 21 of 37
�:-�..-...��y-mow �-ebr- �e66e�•�ar-cel�;�kr�wa
-_------- _Geaateeraeia�°eetadsiaess�6isissieai€ire,rrrw►i�sees+gtatee€faeis;
theta
mess-pr r -areas
� �°.. �-f �e-�P�r&+ca�o� aes�s-Ica-�aea�e•���sae �aeaii�r•-s-ea �+tdai.ehage_-ego-eari�••�calafi-� ie- a �less•�refe�w p�
area, --the ap#4aHt .a
ra+t:agf��. arati a� .'-e#�iLL�te altertaaa ' e�i +ta= .�•r�f � � tip .�laat.. t�iiera�at
.+dered�e� es° �ee�et";° al..b n�-fair• 8 ireg,.ae��e .trates;w,te'e-sati�€a �
�kte`� � a�i;•bs� key-eae�t•ai a�tb�€e+rt-a etre-pref �-&e s}+s{a�e¢i}stet-teel�i�all-y
#easif�le; ¢i+j° t, tee "a}ly. - 'bad&�; ar+d/ar-¢iii}° �e��etr . i .-�da.e • . � al�ieg-bca a� �laerl ..-a
i�ityta�e.°es - ldslaed•' -al s°pr r-a�iert�if,.d•®' g.�e.��ee .sttlasta�t-tiaiatka •
d ets:°
�www�.-Pdvritfrs�aeda�g.ara�vas+ear e��is-tie°�.-34°.0��¢Ee�ata.are.e€.ire-ee�r�+Ea�iesra�•fa�ali�ies}•�
•° �® #a ...es��+ra- ��-ri ay. �..�. _pr ra ��� • °ra�rt��r� ;
te-e•-e�er�t•#ea�i�4e.ara�•-rev+dad•t�aattl-i��aree-ee�-ef.�raere +r$-��s+�erat+®�r®f tiae��b�ttt+eg,J•a
irr�a�r+ed-
21.34.13.1000 Design requirements.
All wireless communications facilities bjeet- aeerit+so�a�a°em�at�r-ae adiaaastrative�ite ara
afc-h4te s-ai-°r ew rm#-shall be designed as a stealth facility, or as a concealed facility, as defined in Section
21;34.220 Definitions. and incorporate concealment measures and/or techniques appropriate for the
proposed location and design. All facilities and modifications thereto (except those facilities which qualify as an
eligible facilities request pursuant to Section 6409(a) or as a subsequent collocation facility that is a permitted use
not subject to a city discretionary permit pursuant to California Government Code, 5 ics 65850.6(a), for
which these provisions shall serve only as guidelines) shall also comply with the Wireless Facility Design
Requirements that have been adopted by the City. The cost or inconvenience to comply shall not provide
justification to deviate from City design requirements.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.140 (Post decision rocedures- discr:gIjgflgI ermits.
tart r °trayidrdonrai V� w,°mmA°Zis ,,ajS— odg
d.minis4ratican1shwall ly°tca decisions on d scretican lyUVireless Ccarr�rrtu°nic tins Facl,[iPermits. These incl°udeg
but °are wnot lim ed.tq�.pro�e_dures related to eals8•perrritWagclificatign,s�p�rfcarrriarrce„&arantees and
revocation.
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 22 of 37
__fjgqj[�,jj�� rdance with the requirements of Chap�
f4pggjsj.,�ha([,,bg.jeferred to the itj_�qqn,�i rather than thef�annjing,Commission.
1�34<f� �°-f�••" aye-�� �� ,f��u ..
��.�. di�t+ �. �a�t- -ad i�aast�-awe"�atee... �.�r�l�+ t��a#.•re�6 - +t-+s- � °red°-fe��
�Ac ° �y.. ra+ yd eat" i eetor)" iy �e fied+ra erd r°fie. h� t I d€�
een cea4ed--f�+i�ty�as�def`aaaed••�ra"fee#-2 �:�4.�i);
..•,°.••" kae re €3sedw faei€ity cif eatao ti n � isti+�g" f y; s d+t -+ + ..com. p y- i-alp
C. oP 64y; OF- eda e e istir�g ii #y; s t+ .- Leo fly- i h
�;���w�he•� ; ter" n..�a. W 'n� +Idtyz.. _ +tio ° d��e". ��t- i�h
the 4-jl44:
21.34.15024 Failure to act and remedies.
Under federal and/or Sstate law, the City's failure to act on a wireless communications facility permit
application within a reasonable period of time in accordance with the time periods and procedures established by
applicable FCC decisions, accounting for tolling periods, may result in the permit being deemed granted by
operation of law. To the extent federal or Sstate law provides a "deemed grant" remedy for wireless
communications facility applications not timely acted upon by the City, no such application shall be deemed
granted unless and until the applicant satisfies the following requirements:
A. For all facility applications:
I,..._ Fats".a •e.. 1i uoh I ° ce th+s
eia state, �a _a+e a °
1-. Written notice.Following the date by which the City must take final action on the application (as
.................
determined in accordance with the time periods and procedures established by applicable FCC
decisions and accounting for tolling), the applicant must provide written notice to the City that the
application is deemed granted by operation of law.
For 3-Felan u,-at .-rev iew-j)�eFm4
applications:
1. Completes all public noticing required pursuant to Section 21.64.020 (Notice of hearing).
2. No more than thirty_1301 calendar days before the date by which the City must take final action on
the application (as determined in accordance with the time periods and procedures established by
applicable FCC decisions and accounting for tolling), the applicant must provide the following written
notice to all recipients identified in Section 21.64.020(B)(2) (Mailing) and to the City.
(Supp. No, 40, 9/24)
Created: 2024-10-29 13:32;08 [EST]
Page 23 of 37
a. The notice shall be delivered to the City in person or by certified United States mail.
b. The notice must include:
_p!ication to the Ci
„�- „1.292 PR
the city P,.oA,P !;cant b rrrutu4,,I tollin, m reerner]t . �
icontact_.... "�.. atio. �, _.. _tipn v._T _ema Pent s i enti. rcotaon an in,ormation as rrwd e on the a �c,_,,,._._.
� .�." °_y..�,,� ggiowns on how to contact the ap cant,
submittedto t„�mC,it an inst°_
v..The followint terpertr: "Th°e Ct�rn y n®t re gal temth��t ce ent,cLonstructi rim° rid
modification ofn.2„oersgAireltssITserviceWwfacilities on the basis of the„ environmentai effects of
.........._
radiofre_�ency orrnissions to_the _extent thatsumc,h facilities comfMIj°writh FCC re ulg[tions
concerning such emissions..
tm:�.....m °�+otiee. � e,�6aat,�lae�p�dae-ar�� rra� d-�raW-�p�i+ �" o��Eae�i�`;��e�e-ritie•�6ae
seta o a�i€� +a G er l-Gen- 1 ,5tate4a y-deem-the-apple-ati
ap�re �° .-tb+rty• key►der�ays•a�-eless-tkoex�it-��p�re� �e�t�esmtkaee��l+ t� the�ity
pfs!" w aeb a ¢.eg. errt"
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21. 130_Pf ahib"-•ro
a
K
21.34.16040 Revocation of permit.
The City may revoke a permit for a wireless communications facility for noncompliance with any enforceable
permit, permit condition, or law applicable to the facility. When the Rity- e eot 4 eterComrnunity
2evelopment Director finds reason to believe that grounds for permit revocation exist, the director shall notify the
permittee that a violation exists and request compliance within a reasonable amount of time. Upon failure to
comply, the m u p eet-fife Corr muni Devel°o,�rn�pt Director may schedule a public hearing
before the P,lanniq Cgmmissiwcan 4amn4Rg-ee ei&49R at which the commission may modify or revoke the permit.
A revocation by the Plamr�rii.n Commis sicanpl �Rg mis � may be appealed to the City Council° as set forth by
Chapter 21.62�Ao]�eal All hearings for revocations or modification of previous y_Approvgd oer°mits And
entitiements_shall be noticed and conducted in compliance with the proceedings set forth in -Chapter 21.68
(Revocations and modifications).
(Ord. No, 2226, § 5(Exh. A-1), 9-19-2017)
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 24 of 37
21.34.1'70Temporary wireless communications facilities.
A temporary wireless communications facility, such as a "cell -on -wheels" (COW) may be used during public
emergencies, including when a local emergency is declared by the City Manager. A COW or similar temporary
wireless communications facility or equipment shall not be permitted for maintenance activities or while awaiting
an expected entitlement or pending plan review, and the temporary allowance of such equipment or facility during
an emergency shall not be considered to establish a permanent use of such a facility or structure after the
emergency has ended, as declared by the City Manager. Once the emergency has ended, the temporary wireless
communications facility shall be removed b�+the owner.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.180 Limited exce tion from standards.
IBMff ♦ r " r
r 1
r1 p1q].
e�° t•�B s- •�1�� d�+a•to- e3 �trate - ,.� � �-be• . � ed:-.�sa° frld -mot
�e�es-t. _e s��ta�t�- - � r o �+s� .�€.+s. e�° -t6a� � is-�k�t �°#�e it• -tile ° � � t�
Ar:....-.A�ig• ° i�a+�-�i.e-� � '��see- � ge-�x�s �
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 25 of 37
rrtiail�•a a1 �>
21.34.190,70 Independent consultant review.
A. Authorization. The City Council authorizes the Comm4l ity_D�nent
Director to, in the r4i&-er•4er sole -discretion, select and retain an independent consultant with expertise in
spgciakzed knowledgg in t6ecornirnuinr cabons ossrues or any..ossues related to the ap cation for a Wireless
C�mEgg nic,ations Facilit,imes P,ermit te4e c-ati -sati eta t€ t eN� t fir tr�r
4rr�ati�r� its any-frerr�+t a-0itior�.
p ty orramunity gygjopM.gm Diwrector may request independent
B. Scope. The d4 ..- ....,.,...,_._.
consultant review on any issue that involves specialized or expert knowledge in connection with the permit
application. Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
2. Pre -construction p(�g!red cgmpIlian,cq__or pest -constriction gctuaI cornpL@nqg uvith @icable
rq ulations for human exposure to H gmissions-Whe e--a ' n ' -gap.. xi4t&er a-y
3. Whether technically feasible and potentially available alternative locations and designs exist;
4. The applicability, reliability and/or sufficiency of analyses or methodologies used by the applicant to
reach conclusions about any issue within the scope of this Chapter; and
5. Any other issue that requires expert or specialized knowledge identified by the 4-y
lm �.nty.,,C9 vaopent Di„rector.
4t�#irec#o�Commui.,,,,,,,
C. Deposit, To the full extent such costs are recoverable or collectible under applicable Sstate and/or federal
law, the applicant must pay for the reasonable cost of such review and for the technical consultant's
testimony in any hearing as requested by the ity. - ntrdi� rCornrnunity Deyelgprrrg-nt
Director and must provide a reasonable advance deposit of the estimated cost of such review with the City
prior to the commencement of any work by the technical consultant. Where the advance deposit(s) are
insufficient to pay for the reasonable cost of such review and/or testimony, the itye t
dir Comrnunit Develo,3ment Director shall invoice the applicant who shall pay the invoice in full within
ten_jq.)., calendar days after receipt of the invoice.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
21.34.2,004. Changes in law.
All facilities shall meet the current standards and regulations of the FCC, the California Public Utilities
Commission, and any other agency of the federal or State government with the authority to regulate wireless
communications providers and/or wireless communications facilities. If such standards and/or regulations are
changed, the permittee and/or wireless communications provider shall bring its facilities into compliance with such
revised standards and regulations within ninety9M calendar days of the effective date of such standards and
regulations, unless a more stringent compliance schedule is mandated by the controlling federal or Sstate agency.
Failure to bring wireless communications facilities into compliance with such revised standards and regulations
shall constitute grounds for the immediate removal of such facilities at the permittee and/or wireless
communications provider's expense.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
(Supp. No.40, 9/24)
Created: 2024-10-29 13:32:09 [EST]
Page 26 of 37
21.34.210. Severability.
In the event that a court of competent jurisdiction holds any ; sgection, subsection, paragraph,
sentence, clause, or phrase in this e�.4:" er unconstitutional, preempted, or otherwise invalid, the
.................••• �c rg.°�::Da� p.r
invalid portion shall be severed from thisand shall not affect the validity of the remaining
portions of this sec4onSc 14en(,ha�Later. The City hereby declares that it would have adopted each sect+sos, ection,
•••
subsection, paragraph, sentence, clause, or phrases in this ' 'C' ti2a„iiter, irrespective of the fact that any one or
more sw ections, subsections, paragraphs, sentences, clauses or phrases in this &e, °•••••••,nSectir nCimtia t.L?r might
be declared unconstitutional, preempted, or otherwise invalid.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017)
(Sapp, No.40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 27 of 37
Exhibit A
21.34.2292 Definitions.
As used in this Champter , the following terms shall have the meaning set forth below, unless the context
clearly dictates a different meaning:
. .. as defin.gd t- &,K-C°in 47 C.F.R.Section 1ww6OO2 b .2s ma b� �rnq!j ed or
Antenna means the earns _ _� j� �µ... a
supprsgdgd.; itt" 4igreq ey.(RF-)
saki @ w4ae°-p d
der ai-wise ra€ioe. i�ngii�-iaafer-r�aa�i�rn-ser-v' :-a� i�e....st ices ,. ies r ' faes;.�+see
�w°oi liar"� f�€ae°-t-ra + �a°as���e�r° eipt..ef°�lec yes.
"Applicable FCC decisions"_e-r...."a licable FCC rules" means the same as defined by California Government Code
Sec4ioASectio 65964.1( f), as may be amended or s°u ersededb- tkh terrna as `I r-e Ret4tl n-fe
De aarai-efj—Ro4g,- 24 i t; (:..W ,130-9 �2009) a-m-i...lra-th ..R attr r of AcfN +ratren of 4.kea dt>and.,Dejaeyasient°fey mfaroyingf
2ireirap s i as ::tinturAs tu9ti y:y..Rekcies; pe r-t..arrnsf t.4der„ 2-
"Applicable law" means all applicable federal, Sstate and local law, ordinances, codes, rules, regulations and
orders, as the same may be amended from time to time.
- C4R- . .f&°: e +era . Obi fie•
deAfkes�e I a eq�a" s a e th C bioo4a Ala =ed
'r-ei 'eaEi�r -het �i �• m ioo ° s-�ae �:�ke� sr�e-�s-�ao�• ss-a
� fi�aed• ...�.g�eis��+� �s . ..:-feet° ��); y.`��. e ' .-a. o:
��. �.pwivate; d s�,�a �- .-per-vises;-a�° of&--�aabio d-+�edess se�v" fed
...-ksaE&�es�... s.. pbi pa �6e�. i� rat; se�a6ess._e#�.teol}�e6eg' 6_ rafige� i�rn
_� f_.� �-�aa~.fe�-�=>z��.:�-,..�g . 1�q;��e _mot.... �p � .� e... if�s�e�ra�•.deseri&r�ed-ice
�a�a�ap�►s,�b�-1-��� �f.�.->v ���:
"Carefully placed facility" means a facility that is situated in a location which renders a facility virtually
imperceptible to the public. As such, the emphasis for this category of stealth facility is on its location as opposed to its
design. Carefully placed facilities require no camouflaging or screening, in that existing site features (e.g. buildings,
walls, roof parapets, or existing equipment) render such a requirement unnecessary. Successful examples of carefully
placed facilities may include those proposed within an existing building (requiring no alteration of existing materials),
those sited on the roof of a particularly large or tall building, and those which are flush mounted to an existing high
voltage lattice tower and treated to match.
Campbell, California, Code of Ordinances
(Supp. No. 40, 9/24)
Page 28 of 37
Created: 2024-10-29 13:32:08 [EST]
"[ell site means aparcel ofreal property unwhich awireless communications facility is tobelocated.
"Collocation" means:
2. Notwithstandij)g,jt�bsectign jjj_wjL I�cttq e i ible facilities re esiLs. .1 collocation" means the same as
defined in 47 C.F.R. Section 1.61 §IL2),,A�,ggy be amended or superseded which defines that term as
kqa�ion" means the same as defined in 47 CRR Se
transmitting
As an illustration and
not a limitation, the FCC's definition effectively means "to add" ne ip to istingLa.!Lfflty and does
"[ummunicaduns"meansanytransmbdur^emissiunu,ncepdunufdgnab'imagesandanundcvinfurmadunof
any nature bywire, radio, visual or electromagnetic system that work on a "line -of -sight" principle.
"Director" ur"dinectur"means theeo+o***My
4e*e4op+next-ufthe City ufCampbell urhis urher designee.
"Community "means the
ufthe City ufCampbell.
"Completely integrated facility" means a facility that is incorporated into an existing structure or site in a manner
which does not result inanew feature being added. This stealth category may result inthe removal ufexisting siding, ur
materials tuachieve mFtransparency, provided that the replacement materials match' to the extent feasible, the
existing or abutting material. Where an equivalent material match cannot be adequately demonstrated, a stealth facility
could propose to completely remove and replace an existing material if doing so serves tuachieve amore cohesive
design and does not disrupt the design ufthe building (e.g. the replacement ufall roof shingles, asopposed tusimply
removing/replacing asmaller impacted roof u,wall secduns).
"Concealed facility" means any wireless communications facility which results in new site or architectural features
being added to a property in a manner which complements, enhances, or seamlessly integrates into their surroundings.
Examples of concealed facilities include, but are not limited to the construction of new rooftop, louver, chimney, silo,
pule, railing, sign, window, parapets, dormers, steeples, penthouses, water towers, bell towers, artificial trees, and flag
pules.
"Deemed granted" or ''deemed granted status" means awireleo communications facility for which the applicant
submitted an application in compliance with the procedures and requirements of this Chapter that was not acted upon
�y�f��i�within areasonable period uftime inaccordance with the time periods and procedures established by
applicable FCC decisions (accounting for tolling periods), and satisfied the requirements of GMC—Section 21.34.15-20
Created: 2024-20-2913.32^08 [EST]
Page 29 of 33
(Failure to act and remedies), and as a result had its permit granted by operation of law in accordance with federal
and/or Sstate law.
"Electromagnetic field (EMF)" means the local electric and magnetic fields that envelop the surrounding space.
The most ubiquitous source of electromagnetic fields is from the movement and consumption of electric power, (e.g.,
transmission lines, household appliances and lighting).
"E]igi lefq,cilities request°means the same as in 47 C.F.R. Section 1.610®jb 3j,. ,_rr�py.b°g. mende or
superseded. _._ °.� �._..__..�_.., �.. _..._. ..W .0 .., µ.
4igi f aes...re saes "- eaf � i� .. e .defafae i +n. C •: eet+o .1_e $ )$ ,4e
amefad s. tq es° y weeia� �ifica e f. ex+sf6 e e prase �k�e d�esu t
1
,�u�5ta,r44a4y. c4aRge44& 4 s. feu wew.OFa st i�r� ifi �vifuge
�..m �C-®ea�6-effae iss4 i� t;
�;......--•-Rea� e�ef-�r�e • �q ° n�;
iai:- F epleEet eft €° faf sff$issie +.eg4+pfRefat:"
"Eligible support structure" means the same as defined -by -the -FCC in 47 C.F.R. Section 1.6100(b)(4), as may be
amended or su ersdgd which defines that term as "[a]ny tower or base station as defined in [47 C.F.R. Section 1.6100]
provided that it is existing at the time the relevant application is filed with the State or local government under [47
C.F.R. Section 1.6100]."
"Existing" means the same as defined- y-t4&. in 47 C.F.R. Section 1.6100(b)(5), as may be amendedaor
su ersede, which provides that "[a] constructed tower or base station is existing for purposes of the [FCC rules
implementing Section 6409 of the Spectrum Act, codified at 47 U.S.C. 1455] if it has been reviewed and approved under
the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower
that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition."
"FCC" means the Federal Communications Commission or any successor to that agency, which has primary
regulatory control over communications providers through its powers to control interstate commerce and to provide a
comprehensive national system in compliance with the Federal Communications Act.
wireless facility" means a wireless communications facility,t tat is a self suu srtedtructu Freestanind_sre and notmm �..
mounted on or attached to�anymex°istiny bus dLnp �r stryet�Ar mmm�h t o�irgless facil ty_sgecificail includgs_m ut is not
liM ,gd tq ta,u°x trges aq to ers, other than tern orar ,NnLirelgss communications facilityw
"MPE" means maximum permissible exposure.
"Non-commercial communications service" includes amateur (HAM) radio facilities licensed by the FCC, and
satellite dish antennas (see Section 21.36.190 (Satellite dish antennas)) and when used for non-commercial
exchange of messages, private recreation and emergency communication, except when associated with a wireless
communication facility.
"Personal wureiess services" means thesameas. defined in 47 U.S.C..33. �cj�i]j }�i}�was rr�aItg.,grnencled or
su erseded.
"RF" means radio frequency.
"Section 6409(a)" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No.
112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended,2r superseded.
"Service provider" means a wireless communications provider, a company or organization, or the agent of a
company or organization that provides wireless communications services.
(Supp. No. 40, 9/24)
created: 2024-10-29 13:32:09 (EST]
Page 30 of 33
"Significant gap" is a gap in the service provider's own wireless communications facilities, as defined in federal
case law interpretations of the Federal Telecommunications Act of 1996.
"Site" means the same as defined- -the-4:in 47 C.F.R. Section 1.6100(b)(6), as may be amended or su erseded,
which provides in part that "[flor towers other than towers in the public rights -of -way, the current boundaries of the
leased or owned property surrounding the tower and any access or utility easements currently related to the site, and,
for other eligible support structures, further restricted to that area in proximity to the structure and to other
transmission equipment already deployed on the ground."
"Small wireless facillty" means the same as defined in 47 C.F.R. Section 1.60021!LAs mpy be amended or
su erseded.
"State" means the State of California.
"Stealth facility" means facilities which result in no perceptible visual impact. As such, stealth facilities are
generally preferable to concealed facilities except in rare circumstances when the concealment method serves to
improve the aesthetic value or interest to a building or site. There are two primary categories of stealth facilities, those
which are completely integrated into an existing structure or architectural feature and those which are imperceptible as
a result of careful placement. Both stealth categories require the facility to remain integrated or imperceptible, even
when the facility may be expanded upon under the provisions of an eligible facilities request.
"Substantial change" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), as may be amended
r sli erseded_, which defines that term differently based on the particular facility type and location. For clarity, the
,,,,,,,
definition in this Cha ter organizes the FCC's criteria and thresholds for a substantial change according to the
facility type and location.
1. For towers outside the public right-of-way, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than ten percent or the height
of one additional antenna array not to exceed twenty feet (whichever is greater); or
b. The proposed collocation or modification involves 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); or
c. The proposed collocation or modification involves the installation of more than the standard number of
equipment cabinets for the technology involved, not to exceed four cabinets; or
d. The proposed collocation or modification involves excavation outside the current boundaries of the leased
or owned property surrounding the wireless tower, including any access or utility easements currently
related to the site.
2. For towers in the public rights -of -way and for all base stations, a substantial change occurs when:
a. The proposed collocation or modification increases the overall height more than ten percent or ten feet
(whichever is greater); or
b. The proposed collocation or modification involves adding an appurtenance to the body of the structure
that would protrude from the edge of the structure by more than six feet; or
c. The proposed collocation or modification involves the installation of more than the standard number of
equipment cabinets for the technology involved, not to exceed four cabinets; or
d. The proposed collocation or modification involves the installation of any new equipment cabinets on the
ground when there are no pre-existing ground cabinets associated with the structure; or
e. The proposed collocation or modification involves the installation of any ground cabinets that are more
than ten percent larger in height or overall volume than any otherground cabinets associated with the
structure; or
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 31 of 33
f. The proposed collocation or modification involves excavation outside the area in proximity to the structure
and other transmission equipment already deployed on the ground.
3. In addition, for all towers and base stations wherever located, a substantial change occurs when:
a. The proposed collocation or modification would defeat the existing concealment elements of the support
structure as determined by the —rrurrr,u,°pity C�, v l,o rr�ent Directq or
b. The proposed collocation or modification violates a prior condition of approval, provided however that the
collocation need not comply with any prior condition of approval related to height, width, equipment
cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this
Section.
4. Interpretation of t.Thresholds.
a. The thresholds for a substantial change described above are disjunctive. The failure to meet any one or
more of the applicable thresholds means that a substantial changewould occur.
b. The thresholds for height increases are cumulative limits. For sites with horizontally separated
deployments, the cumulative limit is measured from the originally -permitted support structure without
regard to any increases in size due to wireless equipment not included in the original design. For sites with
vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as
they existed on February 22, 2012—the date that Congress passed Section 6409(a).
"Support Structure" or "Support Structures" means a structure or structures designed to support antenna(s) or
other wireless transmission equipment to facilitate the transmitting and/or receiving of radio frequency signals. Support
structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other like structures
used to support wireless transmission devices.
" mvice area' means t �"pgra °mmi,c area_ identified by,th as Licant°vrher� the ro Deed wireless Tar gte ser_�...."_.rea" means .._ L ,!J� ep�p.� �.�_
___ati s � . m to provide r�r 'ma ove service, based on the �puf2I,ic aunt°s technical objectives such as
connmunicatuca,ns facility is mte°nded m„
coverage, Caualit;,
Vlru°:a@Dy iruffoasubj u � auus �tuu° ° uouu wDO ua . ¢ u �aali uuce �nautUo°°Qa°s a p u� .c a�girerneru t in this Char its
yhysi caH rmp.Qo ,gibl,e and...rmt n)ere,1y niore_difficult.or u�r�ars ��pnrurgve tU err auuq°rg:puTupaOi�arit alterr tt ve.
"Temporary wireless communications facility" means a wireless communications facility located on a parcel of
land and consisting of a vehicle -mounted facility, a building mounted antenna, or a similar facility, and associated
equipment, that is used to provide temporary coverage for a large-scale event or an emergency, or to provide
temporary replacement coverage due to the removal of an existing permitted, permanent wireless communications
facility necessitated by the demolition or major alteration of a nearby property.
"Tower" means the same as defined -t f-"-i n 47 C.F.R. Section 1.6100(b)(9), as may be amended or
s,u�ersede� i�estbatmtew "{a-j>�yy- et -u�lt• �!�- � ary`�ra�pe �f-su�rti � y_{FC-�}_
Ia . �K=mouth e�#°ant ru-aru�tkuei�- seei .d- ikities;t s�ir�g-st�u�et .. .. +�st eted#� ' Bless
u�uu�4 ti Wiser -pie . ° �+rug;-��t t• . d ; °+vate; �i a� , t•a �ri+o y" �i seas. e�..
-L+nfi ed iu of+ d ie� s°e 'e . °�u'ku ie t}aekiatul;kue c+ated site: des
"Transmission equipment" or "wireless transmission equipment" means the same as defined by -in 47
C.F.R. Section 1.6100(b)(8), as may be amended, or superseded. k��efaesiaat-tuna-es-" uia ghat i ' + es
traa�see rs; ant n ial..�r fid ..� cadle; egu far"crud°t}ae y~fie +rue4u�des ent
eted. its 4 "e a ti�ru °se es" ueda rug; t o &i ' e� te; e ed eru �iie fety
s es; as edf-untieensed- `fed rvv' --and ' d r-& 4e 'ee-,-sueh i ave-4aekhau l-.-"
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:09 [EST]
Page 32 of 33
"Visual impact" means the placement or design of a wireless communications facility such that it may be noticed
by a person of average height when standing on the ground of a street, sidewalk or private property.
"Wireless communications facility" means a land use facility supporting antennas that sends and/or receives radio
frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images
or other information, including, but not limited to, cellular and/or digital telephone service, personal communications
services, and paging services. Wireless communications facilities include antennas and all other types of equipment for
the transmission or receipt of the signals; towers or similar structures built to support the equipment; equipment
cabinets, base stations, generators, cables, conduit, and other accessory development and support features; and
screening and concealment elements. Also referred to as a "communication facility "facility-","wireIessmmfacilit ; or
"wireless communications facilitv."
"Wireless communications provider" means any company or organization that provides or who represents a
company or organization that provides wireless communications services.
(Ord. No. 2226, § 5(Exh. A-1), 9-19-2017; Ord. No. 2293, § 1(Exh. 8), 5-2-2023)
(Supp. No. 40, 9/24)
Created: 2024-10-29 13:32:08 [EST]
Page 33 of 33