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HomeMy WebLinkAboutCC Ordinance 26-2351 - Consider Adoption of an Ordinance to Extend Interim Ordinance No. 2331ORDINANCE NO. 26-2351 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING URGENCY MEASURES IN RESPONSE TO THE 2018 SMALL CELL ORDER (FCC 18-133) ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION. (FILE NO. PLN-2025-50) WHEREAS, on September 19, 2017, the City Council adopted Ordinance No. 2226, which repealed the former, and enacted the current, Chapter 21.34 — Wireless Communications Facilities of the Campbell Municipal Code, which sets forth the City's standards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. 12226 on September 5, 20171 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, placement, and operation of wireless facilities, WHEREAS, although the 2018 Small Cell Order primarily addresses installations within the public rights -of -way, it also affects private property by broadly interpreting the "effective prohibition" clause under the Federal Telecommunications Act. As a result, local jurisdictions must waive or modify development standards, including height limits and placement requirements, if those standards are found to "materially inhibit" the provision of wireless service, thereby restricting the City's ability to enforce existing regulations and protect community character and ensure community benefits; 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WHEREAS, without interim regulations in place, the City may be forced to process wireless facility applications under outdated or legally vulnerable standards, potentially resulting in adverse aesthetic, environmental, and community impacts, and limiting the City's ability to mitigate these concerns, WHEREAS, on July 1, 2025, the City Council adopted Interim Ordinance No. 2331 to temporarily align the City's wireless facility permitting process with federal law while permanent updates to local regulations are prepared; WHEREAS, on August 4, 2025, the City Council adopted Interim Ordinance No. 2333, extending Interim Ordinance No. 2331 for 10 months and fifteen days, or until it is superseded by adoption of a superseding ordinance, whichever comes first, WHEREAS, the Community Development Department is currently conducting a study to update the City's zoning provisions to ensure consistency with current law and to safeguard the public health, safety, and welfare. This study is expected to be completed within a reasonable time, not to exceed the duration of this interim extension, or until a permanent ordinance is adopted, whichever occurs first; WHEREAS, Government Code Section 65858 authorizes the City Council to extend an interim ordinance for an additional year following public notice and a duly held public hearing, WHEREAS, this matter was duly noticed and considered at a public hearing in accordance with applicable law; WHEREAS, Government Code Section 65858(d) requires the City Council to issue a written report at least ten (10) days prior to the expiration or extension of any interim ordinance, describing the measures taken to address the conditions that led to its adoption, WHEREAS, this extension ordinance itself documents the measures taken by the City to implement Interim Ordinance No. 2331, including permit processing, legal review, public engagement, and studies conducted in preparation for permanent regulations; WHEREAS, the City has continued to review and process wireless facility permit applications under the provisions of Interim Ordinance No. 2331 to ensure compliance with federal requirements while maintaining oversight of development standards, WHEREAS, the City has consulted with the City Attorney's Office regarding potential updates to the Campbell Municipal Code to ensure that any permanent ordinance will be legally defensible and consistent with federal and state law; WHEREAS, the City has published and maintained a dedicated project webpage to provide information, updates, and transparency regarding the development of permanent wireless facility regulations, WHEREAS, the City has actively reviewed public feedback received to date and has incorporated input where appropriate to inform the drafting of permanent regulations, WHEREAS, the extension of Interim Ordinance No. 2331 will allow the City sufficient time to complete the study, conduct further community engagement, and prepare a permanent ordinance that addresses legal requirements, public input, and the City's planning objectives, WHEREAS, the City Council finds that documenting these ongoing efforts in this extension ordinance provides a clear record of the City's proactive measures to preserve public health, safety, and welfare while permanent regulations are finalized; WHEREAS, the City Council finds that extending Interim Ordinance No. 2331 is necessary to preserve legally defensible local regulations consistent with federal law, while Page 2 of 4 permanent regulations are developed and adopted through the standard legislative process, WHEREAS, based on the foregoing findings, the City Council further finds that an ongoing threat to public health, safety, or welfare remains, and that continued application of existing standards, requirements, and permitting procedures would exacerbate this threat. These conditions, previously addressed by Interim Ordinance No. 2331, warrant its extension while permanent regulations are developed, WHEREAS, the City Council finds and determines that extending Interim Ordinance No. 2331 would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city and is internally consistent with other applicable provisions of the Campbell Municipal Code, WHEREAS, the adoption of this ordinance does not constitute a "project" under CEQA Guidelines Section 15378, as it has no potential to cause either a direct or reasonably foreseeable indirect physical impact on the environment. Alternatively, if deemed a project, the ordinance may be found exempt under the common sense exemption (Section 15061(b)(3)), as it can be seen with certainty that no significant environmental impacts will result, and under Section 15308, as a regulatory action taken to protect the environment during the preparation of permanent regulations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 (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 2 (CEQA): This Ordinance is not a "project" under CEQA Guidelines Section 15378. Alternatively, it is exempt under the common sense exemption (Section 15061(b)(3)) and Section 15308, as a regulatory action taken to protect the environment. SECTION 3 (CONFORMANCE WITH LAW)- Any provision of this Ordinance that conflicts with applicable state or federal law shall be interpreted and applied to achieve compliance. The provisions of this Ordinance shall prevail over any inconsistent provision of the Campbell Municipal Code for the duration of its effectiveness. SECTION 5 (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 6 (EFFECTIVENESS): City Council Ordinance No. 2331 is hereby extended for a period of one year, commencing on June 19, 2026, the date City Council Ordinance No. 2333 Page 3 of 4 would otherwise expire, and shall expire on June 19, 2027, or until it is superseded by adoption of permanent or superseding Ordinance, whichever comes first. PASSED AND ADOPTED this 2nd day of June, 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Lvv4Nt2l 4t�i Daniel E. Fu a M o, a or ATTEST: �! Andrea SaYlers, City Clerk Page 4of4 ORDINANCE 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, on 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 Federai 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 1.4, 2019, and significantly limited local authority over the siting and regulation of wireless facilities; WHEREAS, although the 2018 Small Cell Carder 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 15061(b)(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. Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 (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 ttii ) 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 roll call vote: AYES. Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Sergio Lopez, Mayor ATTEST. r� �l 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 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 -of C-a b4 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 Chauterb,�� 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 placement,.installation, 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 Ea4ei44 a -State or federal law; or E. Preempt any applicable Q44amfa-State or federal law. (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) 21.34.020 Applicability. This Chapterc# er 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 Lbap,rembiiale;:: A. Any non-commercial communication service as defined in Section 21.34.22000(Definitions�. 'Editor's notes) —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. 196S, § 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 fur 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, § 5(Exh. A-1), 9-19-2017) 21.34.035 (Prohibited( facRi.ties. Any wireless communications facility that does not comp) with ith the most current_ regulator and operational standards and re ulations includin but not limited to, emission standards ado ted b the_FCC is rohibited. _ _ _..._.. ._� . _ _ _ _ _._ _ _ __- _ �___ _ L.._. _._ Y,._ __ s p _ _..__ 21.34.040 Permits required. Th,e purpose of this Section is to establish a clear permitting framework for wireless communications facilities, governed by this Chapter. A_.-_ Wireless Communications Facility Permits. A Wireless Communications Facility Permit -as provided for by this Section subject to the Cit_y's prior review and approval in accordance with the procedures in this Chapter1 is reguired prior to conducti any work to construct create enlarge erect, installs maintain modifyk or place a wireless communications facillity,sublect to this Chapter. 1. Tier 2„Wireless Communications Facility Permit. A Tier 2_Wire1ess Communications Facility Permit is required for: ■1 i. All new freestanding facilities. 2. Tier 1 Wireless Communications Facility Permit. A Tier 1_Wireless Communications Facility Permit is required for: i. All new or modified facilities, except new freestanding wireless facilities_. 3..—Mi-nisterial Wireless Communications ...-. ._....._.._Facilitv Permit. _..._A..._.._Ministerial .._.W.....----i-_r�eles._s ._C..._.O.._ _7.._.m.__U_ n icat io ns Facility Permit is required for: i. Any eligible facilities,., -request, as defined bySection 21_34_220�Definitions.�s provided it satisfies all applicable eligibility criteria. a +tee-$e�f�;-ae-a��+�i�ra-tine-��e a� �hiteF�ai �iew-pef�+t; er �e�ieg-e�ea�a�e: Ei•eaFa�e�-ski-dep�eEessed-+R-�p�i��Ee �+�#i �� �aoters-2-�:46-{C�iaJ..�se-R-e�+t�);-2-1.42.{Site a++4 -AFc-44ectoral­ i e►�iew); a .�8 { e+�i+�g =1�a a+ es } s€ s i l e; e peEt+ eiy; +e- pia e �w p e aR e€- e p e : �Ff tk�e e� �f n eaa ie-t-�e e -fie pFev s -e tk�+s chap e -and-th-e F4visieF�€AAE£ha�te��:-46;-:42;eF:48; theiee�-e#t#i�Ek�pterhal�e+�FEe (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 2 of 37 BC. Other permi-ts and regulatory approvalsRerm+ts. In -addition to any hermit oLapproval-reguired under this Chapter, the a licant must obtain all other permits and regulatory approvals as ma be re uired by anv ... ........... _...., federal state or local government agencies, which includes without limitation any otherpermits and or' apR,rovals issued by the City. However Administrative Site and Architectural Review Permits and Site and Architectural pursu Review Permits, pursuant p_42 of thode , ant to Chapter r 21. e C.._ _ , shall not be required for facilities_.�_.___--...-..._.._..m.,�.....w_..... subject to this Chapterl.as expr„esslyexempted b�L provision f+e�aeeere+�ire uedeb��AE;-exEept as speEi#Eaf1ev+ded+fl-a+s Ekapter- A permit issued under this Chapter-4 does not create a vested right to occupy any particular location, and a permittee may be required to move, relocate and remove facilities at its expense consistent with other provisions of the -..dam and applicable law. CD. Development Director's discretion. In any instance where a wireless communications facility requires a Tier 1 Wireless Communications Facility Permite �d++staive pi e a rcl ska+te a: of e ie e under this C'har)t rc Pr. the Community Development ........................., Directorea� +na + eve�e + e er shall have the discretion to_refer the applicatioll to the Planning Commission for a decision .pursuant to Section 21.38.020 Authorit for land use and zoning decision). �erea�+�y-�e���-a use -deft: ;L ............ ---fie tyke - a l +d�+ ies be e �€ r + eft f ed fey �ack� y e-e# ae f+ iele �.m­rA ofa+e-a tieeae-eas a# Type-o4aeFlily Ty-pe -E34•P-&� 4 C-9++eea4,ed J=;aC_j lt_ __G+ Re F + A +-+ew-wi;e� +ve -s4e -a R+ 4g c4eafagEe AFc-h44L1-c4urar[ Re> F-7 QtkcF•j4ef4:R4--r-equii: 'me44S7 review- pe+-f:A#--that--pay-be eq +fed; h� a I+E s it eb +e afl- #e e +rep#-pe +sag ar eta ap o"- # et#e �i �e a naer► s� � e sta gier €edema ager►Hes-Applicza4FL buildi-Rgi + b+flg e�ec4f4caf peFEt+en- �:..___._..-Rre#�+fed--�E+t+ta•es-A+�v�i�e�e�s-c-a+���Ea�+ems-#aE+i+�-�a-��#aes-+�et�Eely (Ord. No. 2226, § S(Exh, A-1), 9-19-2017) (Su pp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (EST) Page 3 of 37 21.34.050 (Decision -making body. A. Tier 2 Wireless Communications Facility Permits. The PlanninE Commission shall review and conditional) approve or deny ap lications for Tier 2 Wireless Communications Facility Permits.in compliance with the _... procedures set forth in Chapter 21.64 (Public Hearings). B. Tier 1 Wireless Communications Facility Permits, The Communit Development Director shall review and conditional) approve or den applications for Tier 1 Wireless Communications Facility Permits in,, accordance ..,_.�,".. �.Y. _.,.._...........�.._.._.. with.the procedures set forth in Chapter 21,71 (Administrative Decision Process). C. Ministerial Wireless Communications Facility Permits. The Community Development Director shall review and conditionally approve or denya plications for Ministerial Wireless Communications Facility Permits in m ...M ,,..,,,m.,...mm...o. compliance with theprocedures set forth in Section 21.34.110 Ministerial Wireless Communications Facility Permit decision process)_ R.34.#rO,Fir�ds. The City may take action to approve a_Tier 1 or Tier 2 Wireless Communications Facilities Permit only upon making,all„the findings below,. These findings ensure that the City's decision is consistent �with _applicable State and federal la,w, includin; limitations on the City's regulatory authority: A. The eroposed wireless communications facility, conditioned, is consistent with the applicable provisions of the Code and General Plan; B. The proposed wireless communications facility, as conditioned represents the most preferred desiLn.and location available pursuant to the Code and the City's standards, including the Wireless Facility Design Reguirements� as demonstrated by the a22licant's analysis that shows that all other alternatives are either less preferable or technically infeasible; C. The applicant submitted all applicable and correct information, documentation, fees and deposits, and materials re uired by the City to allow for timely review and processing of the proposed wireless communications facility; and D. The City's decision is not in conflict with or preempted by, State or federa� law, includinR any applicable limits on local authority and prohibited grounds for denial. if the a .licant requests a limited exception from standards as set forth by Section 21.34.190 limited exception from standards the followinf, additional finding(s) must also be made: E. The app!icant has demonstrated that the exception from standards is narrowly tailored to the. minimum_ extent necessary to cornply with applicable State or federal law. 21.34.070 Prohibited r ) unds for denial. Notwithstanding any other provisions of this Chapter, the denial of a Wireless Communications Facility Permit: may not be based on the environmental effects of RF emissions for wireless communications facilities to the extent that the applicant has demonstrated that its proposed wireless facility will com )lv with FCC re ulations standards and guidelines concerninf, such RF emissions. Furthermore the denial of a wireless communications facility by the City may not prohibit or have the effect of prohibiting the provision of personal wireless services pursuant to the Federal Telecommunications Act of 1996 47 U.S.C. §§ 2S3 a and 332 c 7 B or as inter reted by applicable FCC rules, orders. and decisions. 21.34.07.5 Permit term limits. The purpose of this section is to establish clear and consistent rules governing the duration and expiration of permits for wireless communications facilities including the amortization of existing facilities that lack a specified (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 4 of 3 7 permit term. This section is intended topromote orderly regulation of wireless infrastructure in a manner consistent with federal and state law while Preserving local authority to manage the long-term impacts of such facilities on the built environment. A. Permit term limit. 1. A Wireless Communications Facility Permit shall be valid fora 2eriod of ten 10 ears from the effective date of the a2eroval the Cute or the date the facility gains a "deemed ranted" status r'LIrSLI' �'at t:o St.at(, or federal i��°��{w�except as provided below. 2. A shorter permit term may be imposed based on _public safetyconsiderations or substantial )and . ............................... use reasons ursuant to Caliifornia Government Code Section 65964(b). 3. if a request for a new Wireless Communications Facility Permit is received before the ex iration of a Validly issued permit, the existing permit shall remain in effect until a decision is rendered b , the Cit,Yor the,a 2 lication is withdrawn. B. Prior permits. 1. Permits approved prior to the effective date of CityCouncil Ordinance No. 2226 (September 19 2022) shall expire iri accordance with their originally approved permit term. 2. Any wireless facility pursuant to a permit or entitlement that lacks a specific exairation date fe.g. due to non -conforming status or prior codeprovisions), and which had not otherwise ex ired e throu h amortization under Ordinance No. 207shall ,expire on the later of: a, Five 15)_years from the effective date of City Council Ordinance No. 2226 (i.e., Se tQ ember 19 2022 • or b. Ten 10 ears from the date of their permit vesting date. C. This section shall not extend or reduce a permit term beyond what is required b Sstate or federal law or established by prior permit approval. 21.34.08.50 Application procedures. An application for a Wwireless Ceommunications Ffacility Permit pursuant to this Chapter shall be filed and reviewed in compliance with CMG Chapter 21.38 (Application Filing, Processing and Fees), as may be amended from time -to -time, unless otherwise specified in this C'hagLer, Pr. A::----...S)l aRai/resod-&l-meet+Rg--reg_a-vA e4ess.t--oi:n ejEa4eRs4a644y-+*�u-&t �ersaR-�y�e�eaRe w�t4�-a��s�y �e-�aR al�#$€-t#e -a�aRt �Rd-d~u+-a�k�ed�led-��es l --�e��Eeoted.-€ar•f+l+Rg�R�. �v+ll_k3e_�e�-r-ee� — 4 e p1+ ieR $r EeeEepteai e +ew- A ore- � a� c4ae wth- C PA GC-h4fAer 24.41-+Rre_. Ap�l+catiaR�}--and,Ce�-�eeeeptue4.._rev+ew _-a�e..��eRg4y-��eae�eR�ed.. or+ar-_-t:e--�++tt+Rg-#e��! a,ppt-at�eR-,. # *- yew-g+ei+R4-4++euRted-+:Reeepe4es­or -fewer-s,--eew-tu-4444g-r:i4e-644ed �Leea-ti-Gn -4__wirel•ess A. Application subr-nittal. All applications for permits Loverned by this Chapter shall be submitted exclusively through the Cit 's designated online permit platform applicable to the type of permit re uired b this Cha ter. The City shall not accept permit applications in paper form by email or b anyoth�er means unless the City ManaZer or their designee first determinesr in writing, that an alternative method ismmnecessary due to a demonstrated technical or accessibilit issue that (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (EST] Page 5 of 37 unintentionallyprevents use of the City's designated online permit platforrq. Applications shall only be accepted on days and during hours when City offices are open to the,public for regular business. B...-.,__, Building permit reguired. Where a buildingpermit is required a building permit application shall be submitted in conjunction with the Wireless Communications FacilityQermit application. Failure to submit a re uired„ buildin ermit ma _result in the Wireless Communications Facilityi'ermit application being deemed incomplete, as determined by the City, C. Revised applications. Unless waived by the Ee;:Aff4" -4eve�epc*�ee-t--4wrCommuni,ty Development Director, resubmitted applications that result in a substantially revised facility design, size, height, or location such that a new or substantially different project, warranting a new round of completeness review, is proposed, shall be required to be withdrawn and a new application shall be filed for the substantially revised project. D. Timeline for review. The timeframe for review of an application shall begin to run when the application is submitted in writing to the CEommunity Dbevelopment Ddepartment, 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 decisions or rules, adjusted for any tolling due to incomplete application notices or mutually agreed upon extensions of time.: E911 T mu14y -4eY-e4e ee ear eflt's reEe+-©€-auc4appJfEa#&R packet-, a EoiiaEa +ee #at fees eel ee+ e afl e4ig��#e -€ac+ Ai Exs-r-eq-ue-rA; 4-he;4.y app4c-atien-p`a4et: :_..__��.-#aE��+es-�tbat-a�eeet�-Ee€4ec�tiee--aflb� �a-e©�Eaes�itete,ae-e4�g�bJe--€ae��+es-re�}uest subs to 8rte� ie-$eraedas-rev+be��bevei; t C+ t- aft &R th--&pjaI+Eatio4-wAh+R-eee �u�rd�ed a�#�y-aa4eedar-�a�s-e€-tl� Ee�t�u-fl+t�.de�elep�e+�-�#epa�t���`�-�eEe+p�-a€ sued app4Eat4on-packet- Incomplete application notices. In the event that City staff determines that a permit application does not contain all the required materials, Qty-sta#- the Community Development Director, or their desi&nee,-may issue an incomplete notice consistent with this subsection. When applications are incomplete as filed, the timeframes for review set forth in Section 21.34.O8§O.D. (Timeline for ........ ._._,............., m .m.m.,� m.....,,.��... ,. review) above do not include the time that the applicant takes to respond to the City's request for additional information. 1. First notice. The Community Development_ Director, or their designee� Qty-5ta#-shall determine whether an application for a facility is complete within thirty_301 calendar days of the City's receipt of the application,_or ten J10I calendar days for small cell wireless facilities, 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 21.34.O58O.D. (Timeline for review)o shall be reset for any applications involvin,&small cell facilities and shall be tolled fo,r all other aoplications„under this pu ._.._. �. Cha?ter rsuant to applicable laws until the applicant makes a supplemental submission, responding to the City'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 (Supp. No. 40, 9/24) Createc: 2024-10-29 13:32,08 [EST) Page 6 of 37 incompleteness- enerallandwith respect to applications involving small cell facilities shall be reset (pursuant to applicable l_awl. . 2. One sub ittal-Su+tta+. 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 packet which shall be submitted exclusively through the City's designated online permit_ platform. An alternative .submittal method m2y be used only if the City Manager or their designee first determines,. in writing, that a demonstrated technical or accessibility issue unintentionally prevents use of the Qi y's designated on1jne. oe,rmit platform. Resubmittals steal I only,be„accepted or _days and duriiing 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 10 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 21.34.0M0.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.iTimeline for review PJ shall be tolled during time that the applicant takes to respond to the City's request for additional information. Withdrawal; extensions€x ens+o44s 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. eefls+ +R4eeess+-t+ea_esun+t; +�©te-exEeed-eee #de€y_c-ale+��ar-days:-If the application is deemed automatically withdrawn-�a 4py-appkab4e-exte-Rs�i©e-pe ied;+#gra as expifed), a new application (including, fees, plans, exhibits, and other materials) shall be required in order to commence processing of the project. (Ord. No. 2226, § S(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 Community Development Department through the City's designated online permit platforrnc + evele rn� depa e+ +wpeF50R. The form shall specify the number, size, and format of the project plans and application materials to be provided. The Community Development Directoreoff+n+ur4i devefeprnen-t4+reeter may waive or defer certain submittal requirem ents-er-r-�u+re a +ti a�+ e a�at+ dared en-s-peE+fic-project-#actefs. Unless an exemption, waiver, or deferral-er-wa+vef applies, all applications shall include all of the following eed w�4f +�et#e aEEepted +#itta�ateial-iss+ng er yet-t+} pled: 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 Communes Development Departmentc-e�nau�i devei depaftrRent, as may be amended from time to time. (Sapp. No. 40, 9I24) Created: 2024-10-29 13:32:08 (EST] Page 7 of 37 B. Application fees and deposits. Application fees,__and deposits when applicable] as set forth in the City's Master Fees Schedule or its successor or by, resolution adopted by -the City Council in a payment format accepted by the City Finance Department€+naflEe degaFts4eal as may be amended from time to time. Exception. if the adopted fee exceeds the maximum permitted by applicable law, the City shall instead apply the highest fee amount allowed C. Building_permit. If apermit_appl.ication governed by this Chapter reguires a building permit the corresponding building.permit application must be submitted -ire accordance with Section 21.34.080 (A,2plication procedures).Reserv�ed. D. Written statement type -of app eva#- The a lication shall include a_ detailed -written narrative that clearly and concisely: 3 . _5ppcifigs. the_type of permit being requested and indicates whether, the application involves a new facility, a collocation, or an eligible facilities request; 2. - Discloses any applicable shot clock or statutory timeframe for review and decision under federal or State law: ....... ..................... - 3.Describes the proposed proiect includinga summary of,all,facility egripment and coi-riponents ie.g.,_ antennasl-radiosl_pg er sources eguipment cabinets,, cabling, a,nd„support structures 4. Identifies the facility_design approach, including -whether the proiect involves a concealed or stealth design and describing the specific features of the proiect that support the design approach, 5; Provides a description_of the targeted service area 1. _,- specifying the linear distance in feetje.g.l .... -,. coverage radius) from the project site that the facility is intended to serve; and 6. Provides a justification explaining how the proposed project complies with applicable reguirementsr or why a limited„exception should begranted in accordance with Section 21-34.180 [Limited„ exception from standards), and why the requested permit should be approved. ea +�s y e pe e d-be-g aeted- e app4+�a i - , ek©eta e-rnr�at appfova k's-be4ie mug t - :e. use +t,-ad +ai � a +ve site aF a e + ec-t�+raf r-eview eappliEa be�4eves tk+e ee-t �esi�+es ee el+gib�eacifie+es� t-epp�+e-aet must pie+ e a aided e aea +ee far �g K ete ++ at+aewa5 faa4e: E. Preliminary title report. A preliminary title report (or other definitive evidence of property ownership satisfactory to the City) prepared in the last sixes 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 Manager or their designee ae-atth44zed pep esentative-4-tithe- Gity---and accompanied by the license or other agreement authorizing applicant's use of such City -owned property. A permit issued under this chap1pr 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) C^eated: 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). 1. Visual simulations. A visual analysis that includes 1........ 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; ............ ..( - A color and finished material palettepa4te for proposed materials juxtaposed against the existing material it seeks to match (if applicable); photograph of a completed facility of a similar design and setting as the proposed wireless communications facility (if applicable); and .4. {4�a project plans including a site plan and elevation drawings, A visual simulation and scaled L_ _._._._.._.._. 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 compliance report (or other documentation) acceptable to the City, which has been prepared and -certified by,a_professional electrical engineer_ 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 exposure 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 30 days_of site activation, the applicant shallsubmitan activation report prgpared„b - �li_ornia-licensedpoineer. The reportg shall certify that field -measured radiofreguencyYemissionscomply with the levels stated in the (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST; Page 9 of 37 Electromagnetic__,E ergy Compliance Report and confirm that all reguired warnir g signs and other _-- _ . Lrecau.t.ionary measures have been properly installed. L. Required I -Licenses or aApprovals. 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. N. 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 Chapterc±ap F is not in lieu of any other permit required under the Lodp.i-7�, except as specifically provided in this Lhau2 Pr 1efFurther, 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. 444-aA description of the technical objectives to be achieved; 2_..... _R�, n annotated topographical map that identifies the targeted service area to be benefitted; 3. 4-3441he estimated number of potentially affected users in the targeted service area; and I-: _{4fFull-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. Alternative sites analysis. The applicant must provide a list of all alternative locations and support structures that are more preferred according to, the site location and support structure preferences set forth in Section 21..34.1201A1 and 161 of this Chapter. This list must include reasonably available alternatives _located within the applicant's_ta_geted service area that couldpotentia� meet the project's coverage obiectiveseither individually or in combination with other sites For each alternative, the applicant must provide: 1. A general description of the site and the design considered, 2. A written explanation for why the site was not selected1 incLuding_whether it was technically infeasible unavailable or less consistent with this Cha ter than the ro osed location; and �............_ _ _. _-_._._._.......�_ . _ _ p_ _._ p _ p .... ___ ._....... _ I A meaningful comparative analysis supported by technical information and factual justification. The applicant may group and rule out multiple alternatives based on shared characteristics, if supported by clear and convincing technical justification demonstrating that such alternatives would not meet the project's stated coverage objectives. Exception:_Stealth facilities that complyfullywith this Chapter's reguirements and which do not seek a limited exception from aa. tandards as provided for by Section21.34.1.80 Limited exce tion from standards) are not required to submit. an alternative sites analysis. e€- all- exi' -,-s al�e�aat-lops--�e----���e$ed--leea�aea;-�ege�ber_-�itb-a-ge+�a€--�eser�p��_.-a€--�k�-�ite-�esigfl Ee ere eac-b- a ien:-the a pl+c��t tst alsa- revue- +t ee-explare, ien fof-w4y-*e (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (EST) Page 10 of 37 aiterea + es ee ered-v�ere- aaeEep a�ie er #ea��� e;..ts Ra We-or-44et--4s-ee;+45 eRt with Ahe devefTwst-4Rc4Ude--a r44eaR*+g4-eerative aRalys+� aR�# st+f-eeka� tRf►at+e ,and-et#e #actaei }ustea+aa a� -are f�eEessaf-yte-4eet4vRefA#)efe45ocaswk,eac-4 alter s+ae=� Raefe a e +flfeas+ pie Rava+ia�le er-eet-as-ceRs+�teRt--w+t�-the�:ie�leafl� standards-+R--t-h+s-Ek�a�te� as-t-k�e�re�e�ed �aEatier}-4#aR exis ad4ress- w-4y- toe RadifiEatioR a# s-existi wireless �ererRaaiaRs#acity +sety+adfe opt{aReaitk�ilitfes sha-� e®t,�ae-�e��i�-ed�-® amide-eR-alte�r}at+ve�ite�aRa9y4is: 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. Other information. Such other information as the City may require, as specified in }��SJbli v available materials, including, but not limited to, information required as stated on the City's website. S. Construction Sstaging/-Pphasing FRplan. 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_ Permits lig"e,A;�a64 es Reouest•--Apo-c- e , Notwithstanding subsections (A) through (S) above, applications for Ministerial Wireless Communications Facility Permits aR-eligib4e-fac-14tie5-r-equesA-are exempt from the requirements in subsections (E), (1), (0), (P), (Q), and (5) above. (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) 21.34.100WO 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 Communications Facility_Per mit eeit+e+�a� t�se oerit; aR ad++r�istr-atie �4teaR ars#+tect�traaevew $e+t; �e+geleaaaEe! or deemed granted by the operation of law, shall include and abide by the following conditions of approval. Thes e condicions„shall w„apply_i� pfault unless modified or waived by the applicable decision making body as_part of the approval. of_a discretionary permit. For non=discretionary or,ministerial approvals including those deemed granted by law, these conditions „shall apply in fu11, unless otherwise preempted by applicable laws= A. Cessation of operations. The service provider sha_H providewrittennotification to the.Communi_ty Development Director upon cessation of operations on the site exceeding a ninetycalendar(90) day aeruod._,The service provider, oermittee and/or property owner shall_ remove all obsoleteorunused facilities from the site within one hundred eightyJ1801 calendar days of termination _of the lease the property owner or cessation of operations) whichever comes earlier. B. New permit required. if a consecutive period of one hundred eighty L180J calendar days has lapsed since cessation of operations anew pearl shall be„required prior to_use_of the facility. C. „ Length of approval. ,The validity„period of a permit shall be governed by the provisions„of Section 21.34,07S (Permit term limits). D. .Business License required. Each service provider with a wireless communications facilityin in the City shall obtain and maintain a City business license. (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (ESTJ Page 11 of 37 E. Impact on parking; The installation of wireless communication facilities shall not reduce required parking on the siteFor the purposes of this requirement, routine maintenance activities shall not be considered _ - _ to result in,a measurable impact on parking. Applications for eligible facilities reguests shall be exempt from this condition provided that any reduction in onsite arking spaces does not violate a prior condition of approval or applicable building or safety code. F. Implementation and monitoring costs. The wireless communications permittee service provider or itsZtheir successor shall be_res onsible for the a meat of all reasonable costs associated with the p �_ _. _......_.LY_._.. monitorinp, of the conditions of approval, including, but not limited tol costs incurred by the Community Development Department, the office of the ,city attorney or any other appro rip ate City_department or agency to,the full extent such costs are recoverable or collectible under applicable State and/or federal law. The Community Development Department shall collect costs on behalf of the City. G. Development and operational standards. All facilities shall satisfy the__development standards of the primarybuildingof the„z-oningdistri,ct in which they areproposed�as well a_s the requirements of Chapter 21.16 (General Performance Stan dard51 f eg,, electrical interference light and Aare noise odor, vibration maintenance) a'rid _TChapter 21.18„iSite Development Standards) Exce tions to development and operational standards shall only be.permitted for: I. ,An eligible facility request to the extent required by law: 2. A subsequent collocation facility to the extent required by California Government Code section 6S8S0.6 a I For a stealth „facility when such exception is limited to maximum allowable heights,, orµmini�rnum setbacks, and when such exception would „not result in a_Perceivable visual impact; or 4. For a concealed,facility camouflaged,to resemble a tre_e1 an exception to the applicable height and setback standards shall be allowed solely for artificial branches their associated leaves or needles, and anyancillarysupport poles used exclusively to support those branches. Such elements may encroach„_oni -to the minimum extent necessary to replicate„the sha e and fullness of the tree being mimicked. This exception shall not apply to theprimary structural support (i.e., the mmain tower or poled nor to .anyother structural components, including side or secondary poses, that support antennas) radio equipment or other functional elements of the wireless facility_ H.---Permits. Al lpercjits,required for the installation of the facility and associated improvements, shall be completed prior to operation of the facility,Lor component of that facility Concealment. Every aspect of a facility_is considered an element of concealment including, but not limited toj the dimensions, bulk and scale color, materials texture. future modifications o An ficatios tfcilt _... and nd _ e__--Y.____ _..__... _ W___._theai _ Y must not defeat concealment. J. Compliance with applicable laws__Th.e permittee and service provider shall at all times comply\rEith_,all applica,Lle_provisions of this Code includingt__but not limited to Title 21 Qoning� any peri it. r approval ... � issUied under the Code inci.uding,._ but not limid toTitle 21 jZoning and all other applicable federal _ _ . _ _ �_ _ . State and local laws rules and regulations. Failure by the City to enforce compliance with applicable_I'aws, rules or regulations shall not relieve any permittee of its obligationsrander the Code including,.._but not limited to Title 21 Zonings and permit or approval issued -under the Code or any other applicable laws _.__�..._t rules and regulations. p approved plans. The facility shall be built installed and maintained in with K. Com lance with a _..r the approved plans on file with the Community Development Department. L. �Inspections. The City or its dm esi nee may enter onto the facility,area to ins the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right_to enter„for_direct its designee to enters the facility and support repair disable or remove any (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 12 of 37 elements of the facilityin emergencies or widen the facility threatens imminent harm,to,,persons or Pe. ty M. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible _for _the faci,iity which shall include a phone numbers street mailing address and email address for at least one natural person. All -such contact information for responsible parties shall be provided to the _Community Development Director upon reguest._ N. General maintenance. -fhe_site andthefacility, including but not limited to all landscaping,_ fencing access routes struc_tu_sesl concealment featurgs, and related eguipment, must be maintained in a neat safe and clean manner and in accordance_ with all applicable laws, approved plans, and conditions of approval. 0. Graffiti removal. All graffiti or other vandalisrmonfacilities must be removed at the solee_expensof the permittee within forty-eight hours after notification from the CO., P. FCC (including, but not limited tos RF Exposures compliance�All facilities must comply with all standards and,regulations of the FCC and any other State or federal government agency with the authority to re ulate such facilities. Abandonment. I._Tppromote the public health safety and _welfare, the Community Development Directors or their designee, maydeclare a facilityfor cam onent of a facilit abandoned or discontinued when: p _ ._....._ _ _..-.r. _ _ _- a. .. The ep rmitteeMor service provider abandoned or discontinued the use of a facility (or component of a facility) for a continuous period of ninety (90) calendar days� or b The,perrnittee or seryice�rovider fails to respond within thirtyj301_calenda_r_clg ,to a written notice from the Community Development Directors or their designee that states the basis for the Community Development Director`s belief that the facility f or component_of the facility has ,been abandoned or discontinued for acontinuous period of ninety (90) calendar days. 2. After the Community Development Director declares a facility (or component of a-facilityi ._ __.._ abandoned or discontinued, IL e per_mittee shall have sixty (60) calendar days from the date of the declaration (or longer time as the community development director rnayapprove in writing as reasonably necessary) to: a. Reactivate the use of the abandoned or discontinued facilityjor component thereof) subject to the provisions of this Chapter and all conditions of approval; or b. _4 Remove the facility. (or component of that ,facility: and„all imorovements installed in connection with the facilityjor component of that facility) unless directed otherwise by the Community Development Director, and restore the site to a condition in compliance with all_applicable codes and consistent with the then -existing surrounding area, 3. !f thepgfmittee�fails toactas reguired in Section .21W34.100.,Ql.b within the prescribed time period,,the City may jbut shall not„ube_obligated to) remove the abandoned facilitv(or abandoned component.of the facilit „re_store the site to a condition in compliance with ^,all applicable codes and consistent with the then -existing surrounding area, and repair any and all damages that occurred in connection mwith such removal and restoration work. The_City mavt but shall not be obligated tosstorethe removed _facility(or _component of the facility , -or any art thereof` -and may use, sell or otherwise dispose., of it.in any manner the City deem ate. The last -known permittee or_.its successor -in -interest and, if on private property, the read property owner shall be �ointlyliable _for .all costs and expenses incurred by the City in connection with such removal restoration repair and storages_and shall promptly reimburse the City - won �ec„eipt of a written demand, including _., Y _ gmum lawful . without im�tatons an interest on t e a ante own at the maximum _....__�. (Sapp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 13 of 37 rate_ The City may, but shall not be obligated to, use any financial security required in connection with the_granting of the facility permit to recover its costs and interest. Until the costs are paid in full a lien shall be_placed on the facility, -all. related personal propertyJn connection with the facili�y and, if applicable the real private property on which the facility was located for the full amount of all costs for removal restoration re air and storage lus a Iicable interest). The City Cleric shall cause the lien to be recorded with the County of Santa Clara Recorder's Office. Within sixtyj601__culendar days after the lien amount is fully satisfied including costs and interest the Ci�y Clerk shall cause the lien to be released with the County of Santa Clara Recorder's Office. 4. After,a permittee fails to comply with any provisions of this Section 21.34.100.Q.fAbandonment), the CitYmay_elect to treat the facilitvas a nuisance to be abated as provided in the Code including, but not limited to, Chapter 6.101. _ Indemnities. The permittee, service provider) and, if a licable, the non -government owner of the private propert_y_upon which the wireless facility is installed (or_ is to be installed) shall defend_jwith counsel reasonably s.atisfactor to the Cit indemnify and hold harmless the Cityof ____ __....... y___ YLy ..__ _ .__._ _ ._ Campbell its officers officials directors agents, representatives and employees --from and against: 1. _ Agy and alldamages, liabilities, in uries, losses costs and expenses and from and against any and 4__ all claims ,demands, lawsuits,iudgments,writs of mandamus and other actions orproceedings brought against the City or its officers, officials directors agents, representatives or employees to ...,__....._..,..�....... ._,_.._..,.,._.._..,._1...,. L_ challeee .attack, seek to modify, set aside, void or annul the City's approval of any permit pursuant to this Chapter; 2� Armor and all damages, tabilities injuries, losses, costs and expenses and any and all claims, demands, lawsuits, judgments or causes of action and other actions or proceedings of any kind or formes whether for_personal_snlury, death or property damage, arising out of, in connection with or relating p the installation maintenance or presence of the wireless facility at issue or the acts, 1_ _�___ _.. _._ _._ issi _...,,s _,._g g_Ic ,��.__ performance_pn vice rovider and or rf a licable, the private property_owner or any of each one's agents representatives, employees, officers, _t_ _ _ L^ directors, licensees, contractors, subcontractors or independent contractors as related to the wireless facility at issue or as related to this Chapter. It is expressly_ agreed that the City shall have the right to approve_.f which approval shall not be unreasonably withheld) the legal counsel provide ng the City's defense, and the property owners service provider, and/orpermittee (as applicable) shall reimburse City for any and all costs and expenses incurred ,by the City in the course of the defense. S. Eligible facilities requests. In addition to the conditions in subsections A. through R. above all Eligible Facilities Requests shall comply with and all associated permits shall in the following standard conditions of approval: 1. No permit term extension. The City's grant or grant by operation of law of a Ministerial Wireless Communications Facility Permit for an eligible facilities reguest_constitutes a federally -mandated modification to the underlyingpermit or approval for the subject tower- or base station The City's grant or grant by operation of law of a Ministerial Wireless Communications Facility Permit for an eligible facilities request will not extend the permit term for any permit or approval and its term shall be coterminous with the underiyingpermit or other regulatory appr _ _ oval for the subject tower or base station. — 2. No Waiver of Standing._The approval of a Ministerial Wireless Communications Facility Permit for an eligible, facilities request (either by express approval or grant by operation of law) does not waive, a,nd_shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible facilities re nest. (Supp, No. 40, 9/24) Created: 2024-10-29 13:32:08 iES7] Page 14 of 37 eon4i#qaal use-peff444s 4_if@Gtg� 61POR G@S6Ai@H Gf Opeh4iemseseee 4u-Rdr-e4-eight-y-c-aleR4ar- of weever--c-o-�es-ear-l+'ef-- -a—.New--pef mit-fequ#ed� Ga�e4,idai:. 4ays,. h,-r, 4-psed _si-rice c-essa eoft4&&4e, rt i)jn A -it n f t In ir- r% nAl n n en r expwe PHF5H_i3-*l, �ke_ ppeyi Ott 5 11 OP19p"W@6 p @PR4+t t-! Tt,+F--a r-ef,iew-4_I4.the-fequiFed thepeffwt-expiFatie n #R-- pef 4-�-e4ec-t--qn14-a dec4&� (s -efi.t4& fene: wad wn-7-C-em m u awr,@ the PeFFA4(9) eeFitained &lawr-1 i� had ;;Q4 a!F@ady e-,xpiF@d (e.g. due to this -c-h-apte-r- -ef te4-year-s4em#ve date -of the4 b1cit-W;;S r.@i;Wiwiad im thirs C-ihapteF is iF4emde6 to+eY+Ye-o"xW;;d amy peFf4* eF wse that expiFed em-eF pplOF+O--t­he ,a, The - pet as 4e-Fe+sewed,­fc+,-5-u bseq*efit tiMe. e c4 ­t&t4&fGfl +irl� Fn 4-y opmef�t4epa Ftme Fn ent­-difectof-ff o44+-the iRj-4ai -S­Ub-s+ee tee -yea Fs -4P4 m­ay4e--&Aef4d*_4b-y­-#ie c-oop4y-4evelop44+efA-,dif-ec-ter- every le+-t-years-thei--ea#er 4-r sf44ay­be Pd #;;4P 444 tJP4P� hmWcb Z�@ faE;ility was apffeved. All eos+s 4.--Th-+s-pFo,,Asi&r+ 5J+a4­F+9-t- apply ids-- -s4te-aR4 aietl--- rvgpp*p,4 May _46af+4efie4--ef (Aband eR444eri4, ss uce-fequife4 paFk4-Rg nL n 6Q; tj;p p6jFpjq6@& qf thiS FeqbiiFeFAef4, F"4RI@ m9ai"fememee eeil�vit d_*�H rrt be rm�si4ered tv re3:1* T=! 'Q-i'—JW_Q__'W94W@ iA4p,3Gt GR P@FliiRg, APP468ti6RS "'BIF eiigi�qie f&@A4i@!q 1,@�tlegts be exermpt�Femtilis t:7uFTd##jR (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (EST) Page 15 of 37 pfevided Ihat.at� fed+ +ae++� ees+ e ail g ace lees +�e ela e +a coed+ el a e a +sa e dU41Rg•a(- safe -cede 4f �#�e�e�-di�+e��-e€�����a�,--�+�el�dieg; ��-tee#-fed-��;-Ee��-+r�tr��ed-��-�i�e ease�e�ta�i-€�-de�ei•ep�►e� I--eAe+at depa��f�e�•�-I�a44-Ee��ec-�-eons ee-�ek�a�€-e€�e: eR t S}�nri�rr�rio R -Yr cnnrif;nEi in C flAr_2148). ___C..t�-,.0�:8A� e+��ed �e�-�-�}-aie-elfg���e-€aei�i�� es� �e-�k�e-e^�-�e���-�;. �-€�}-a-s-u�se�ae��•�al�-a�fe� �E+I+� �e e eeeeEaedat�e�ia 6e�+er�a�e �e�S:€}; e4} ea €aEiby#eee 4:es4:4t--i-P,a Eei able viwsa4 i R paC- - + s-A:I� e�►i s- ed #e ke+ a� e� ac-4A ate a-5 C4 ed-+e�$�e eefpOete4ppirof•fie. epe a ie�a e ►e €ae+l+ �8 �eea rae e a -IaE +t }- 9. TCeeeea ee4-44erY-aspe0-4-a-stealt4 a-r64e4:-e© ea 4 Ee Rcea1 m ee +oe4ttd+f�g; �t� eel �+�►+�ed fie; -� �+�ee s+e�+s; ��l�aed-sEai e �. E eta �;. ��a� efiaJ� a� � e�#�+fe: - �e� alb e � �-€ae+i+�ies; elef s 4-the.fa4pity- fu-tu4�e-me44a4ief�r--e�fae+iy_mast-eet-de eat con lff�eRt stlle� a4 al other 4pp4+ead4e fedeFa4- mate- afid 4eea� flaw s; 4WOW4 +ssaed -aadeF- toe CW-eF-aey et#eT-ag a4leaa s; moles - eg�ia e s: E8 p4iac - } d-Plae�: +e€aEili aal� e b-u4-4fl-eemp4aeEe-with -Ihe-a eved +ee>e+�s �#e �sese yes#ee-eee {ef dice +s esigeee ee�}kae €ae+4iafl d Pepe; waif; pefsaRs e-f-$fgpeFt: z___...__._....._..___Eeftac-t 4fl off:Rai+e.Rfof44-espefis4b4e-RaA+es,--epettees4a��-at4l -jf:Res- inW- +R-aceu FaA e 4 43e aui e lie-Ee i de*e4epme+t-44-eel- +pee .fefu eA.- ._._,.........__ __...,_. epe a� Ar4a+e eea e.-fie s4 e #2 €aE+li y; +f l d+eg �t +e i4ed -e--a4 landsEapi++g; �tli#ti.��ernnf fn-tirnr �aefre�-aid--+r�-aEEefdaeEe-w-i�l� al-� ap�e�-sae�ee�d+�+ef�s $#-ap�e�a4: .}q�._.-__....�.._.....�a.�€+�i-4�e�►e�.-�4�gfa€#+�+ ee-fae-+4i-�es��4�e-�e�►e�e�'-a�-��e�e4e-E-�peese a€-� lie pe�+��ee "-a-toe-city (Supp. No. 40, 9/24) Created: 2024-1e-29 13:32:08 'EST] Page 16 of 37 FCC 441,0 LA+Rg;7 b"t jJaE) Eiji �anAf-PZ4W444JJS @8@Ar'Y with the awthqFity te �egtilale _suc-h f44;A44__=,. t4e­c er-Rqwnity -4e*elo-pfn­ent­ dif-ec toF. may .4ec4a r-e--a e of -a fa,44sf 44,4ety per.=, it-t-p-p- Asir seFViee PFO,videF fails *e Fes to i� wH 44 LI I Vni 41AQ QQI;;QP4W;;4Y d@V@�GPFR@Rt 44e49F �14al' 544" .e 669is f a F 1: zi�e-q 4c, MpIllejr#m 1-146-alief t-h-u- thp_ f_ar_-P�y (eF % wrf+@nent_,qf-the. fa'644y} *+a-s-4eep,.-abaA4qne-d'qi:- d i seen b.---Afte� Ike- c-e -nm-unitjoL 4ev_ saeft- d# edwc -de, e Ima r. .es -a-fac-44y-fie ce m-pane nt-4 -a p4ipwQd, 4h@ p@pp;iupsa qhaU �aye Sixty ealeFi4aFOay5 4oFA t4e @lme e4+l4e4"+mmtmv ft�mbxrr time:rF5 *e dQV@l'RpR4@Rt diFE?C491 , ''_T _rr" Wfititig a�q Pease me Wy fw� i-emctivate tf;erme e 4ba,n&PIC-4-19� 4S-GO44tinUed-f 4_C-44-y' (OF GGMP19ReRt #bc"o4 -s�c4­t-e-*ej3+9�4s4,Gp6 -G4 -this ""�u aD� �uf auafava4- -4f rp4:AQvp t4r- 1Apikaji cQQR-pQQ QaA Q9 4 1 -a ri 1 i 4 Y) a 14 d ; 11 1;;4 R P 9 v Q_ PA '_Q Q t- s 44 led-4n c-GA fw_�j&n -wilh­t4e fac-44ty f ar- cze ene nt Q4 that- 46�,- ui4less,4 r-e ct ed --ot h e F w i s e- by I he-c 9 m m 4A n i ty --A -d_4@cAo;, ;Rd pest.ere t_he sitet.e- B --ition iH c-Op"plia me@ wi+A to "roic-86k*_ consistent w i th- #�e­ the-n ~ e.)�sti ng- su f-F-9-un ckngaf ea, c-. 4 the. pef-m 4tee, fails 149a, C_t- _&'Irf4&ffu if e4 Jmn--Se c4l4an- 2-1,34. Q�Q it 444- -the p+e­sGF44e 4 IJ f:p e- pe r-ie 4j -#4e the _cAm.14 �IAO 4-1h t- 4 t h e R alldilWilgac 414a$ QCGIWF9@64 iQ GQAF;E?Gti@R W41; SuEh Feweyal 4 ril TinrkCity y, but shall net be ei3ligat'eed 40,�O-F-e+14e "Wqim�d ft vf t lttr I rI --i r 17 f I -in; '04 Qp aQI I - . 1-1 @Gf, ;Aid may use, sell E)F ethefwise elispo§*_ I -lap- ;@_,A 1(pewFi peFW4t_--_ 601- i1ni till hnki'n fer ;Z11 r.QJ;tS @Rd exp FFeEI 6y the City im eamm@@�iem ith ",,-h reirfov;M, estw. aad �i�agfa_' 4@P4@Rd, iAQlWdiRg, With9Ht PFA on; .aQy i A40por-A Q_Q WR49 9WORg at OiE! FMaXi @W Tho Q4it F;Ray, laut Aet be ebkgated te, use @my lima" Eaq:UiEed in Qt&�Q tacility pe�wit te FeGeveF 4,-s tests amd,iF4e#;e0—. 4111,@ PeR shall 6e piaEe4eA+hefiei4y, all C-�MFIPCOGTr"Wit-h r-pstaratj n_;Eejaak 4pd5&aEaae be 4.--Afte-r--a,peF itt_ELe 44 to- c-om-w 44 -any-pf evisior+s -af -d*r,-Se c6on_ -24-44, G�A�-16} {Aba-RdOA+14ent)-, the Qy-p4ay -f-4ec-t-te-Feat neff -govemment Ownef-,of Rd��6e- stal4on4s-Jnitalled +of4s-to-bia- ystalle4)--sl4a4 44end- (wi t h w Q&Q- I P@a;&R a bly -sat-i-s 4_ar_-49-�y te the C-ity), ' Fi4e t�e 6tr 4,E�� fts rff*curs, Offir-iul . Mr; dif-ecto+-s vagents;. r-e�esent44ves7 -an4,j4- damages; -4a 4e-5yinjuf4es; lawswits, jwdOp4@;4S' WF46 Q� ffl aim U.� aad 44Q C_41� " 4&& Qf4r.Q�;' ip4icii;ls' eligec-tOF;' aeentsl 44' R@PW4, ;144 (ii) Ir-GAR ;R4 ag@iRSt @RY GFid all daf;Rages, 1464i�ieq' intw4@6, �06t", (Supp. No, 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 17 of 37 arac a41 E4a+ err�aeds; fa g s; } dgmefl s; Ea ses Of -aflY 4 d--e•r few, be e €ter pe of + jam. ry; deaf# er peeper dae�a�e; a ++ apt a ; +e Ea eE +e�+�rwtk�-e +e4atif+g-te -the apt: ,-e issieRs; eglti eeE-e; ne e maeEe Bf tk�e pe ttee; �#e ee�+Ee ier afld ; +€ Opp c-,34ie--the pate p eperty ©weer-ef afl a€ eat ae.e'x,-agents,..f:epfe e+ at es; e eyees;-e#iEe s; ee-tees; f+Eer ee�; Eeetraeters; g e e-te rmer-++ epec�der�t eaat�a�te s-tt fs exp ess agreed mat 44e-City app�8'�e_{-�,h+c� a�a� sk�a�4-�e�•��e�easeea�lyinr-+�beid�-�be few-se4-�e��+eg�k�e�i�'�-�efeese; ae� -�ep�pef-ty ev�e�;..se�v+Ee-rev+de��-afld�--pe�eai�tee-�a•s ap�I+Eaf3te}-�ba�re�+-eb��s e-fit y-fer-ate afl�# afl-Ee�ts a+� exper}ses-+ec--wed-#�--the-E+��-fie-use-e€.tbe�e€e�a-se 9. €4igiWe-f; �+4jes the Eaed+t+e +fl su ee-t+ee-(A� abeve; alf e4giNe €ac•+I+tg fo 4ow+eg standard-Eer+dit+ee-se� app�eva� .- Pie Be t e €tees+e+�-fie �+t '� gFaet er graAt $perati�a s€-fay of a ee+eg �eaFaece fof aR elf b4e #ae+4ities �eq eat eo s tes a federa+ - a+�d a fed + e +#t cat+a+ e t#e fl�er4 +eg + $r a f eva+ #er t4 e-E-Ny'�graet•er-grae-t-dy 9perat+ee-ef4aw-ef a 2e,RRg Elearance €er--ae e4ib4e fa6lities-f&que4 wig -r}et- emend to e +t err #er aey use perm+t; ad ++ +st at+ve�+te a+ a�k�iteEt e few permit eretferlyieg regdfatsrm+t a� appfeva+arm its -berm s4�a4f be cater+�+esa�it4 tk 4R4e44 der-m+t�et�e�rega4ata��apprevaf#a�-�k►e�u4�eEt-teaser e�-base�tat+e+�: +€-����ted+e-�g.b��►eapp�aet at 4�e Nye of ap�4+eat+ee ►i itta4,-tk�e m+t tee#er e er4 +eg Eefld+tieea4 -use erm+t-er adf Ktfat e s+te a are#itec-tom view �erm+t e adc +eistrat+ve4yextee4e4-b -(-at 4�is�k+er- isEretis+ -# e +-t4�e+fl+t+a4 ap rava+date peg► er+ficatiaa t4 at t4�e facility Eeet+flt es-to-c-e 4 with -thy s c#a teFfas nays de amended frarr+ 11-4+e te ceder-whic*-t4 ee €aa44+ty--Was appraved: Eests-assec-fated �vit4� t4►e review eEess �faa44 be be ep by ti►e sere wider,--per-m+tteeand�e pFeper-ty-Gwner: 2--�e--�AFa+�er•ef-�ta+�d+r}g-�-a-pprevaf $f•a �+r}g e4ea�ar}Ee�ar-ae-e4+gi�e-#acii+t+es retest �eit�+er-#y express -approval Of -grant by Operation Of4aw)-flees-pet-waive; -aids a44 met-de-egnst ed--te-waive; arW-staedieg dyt4ae-City--te-Ek►a4ier}ge-�eEt-ier+�449{a�•aay-���-�e+es-tf�at-+aterpret �eEt+e+�-�49{a�-er aey e4igii�4e �+4ities retest - (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) 21. 34..110 Ministerial Wireless�ommunications facility Permit decision process. The purpose of this Section is to establish the process for the review and -approval of Ministerial Wireless Communications Facilitvpercrtit applications, including, but not limited tol applications subject to Section 6409(al of the Middle Class Tax Relief and Job Creation Act of 2012. Review procedure. The Community Development Director, or their designee, shall conduct a ministerial review of the application -to confirm compliance with the applicable provisions of this Chapter,approved conditions of approval and relevant State and federal law. No public hearing shall be reg u ired. 8. _-_Approval criteria. The Community Development Director, or.th,eir designee, shall approve an application for a Ministerial Wireless Communications Eacilit.y Permit when the request meets all of the following requirements: . __The proposed facility does not involve or require any new discretionary_approvaliand ,___ The proposed facility complies with all applicable zoning regulations, design r_eguirements, and conditions of approval.. (Sapp. No. 40, 9/24) Created: 2024-10-29 13:32:08 TEST] Page 18 of 37 C. Additionai approval „criteria for eligible facility ...requests. For applications submitted underSection 640%gj of the Middle Class Tax Relief and Job Creation Act of 2012 the Director shall additionally determine that: 1 The application qualifies as -an Eligible Facilities Request as defined byapplicabaei federa„Lmlawµ„and FCC regulations; 2. The proposed modification does not defeat or materially„compromis_e_existinp, concealment elements or stealth design features of the facility or support structure; 3. With theroposed modification, the facility remains in compliance with all applicableFCCRF standards; and 4 The proposed, modification does not constitute ...a..,"substantial change" to.the physical dimensions of the existi-ngwireless tower or„base station as defined by Section 21.344220 tDefinitions.l of this Code or applicable federal law. D.M_ Denia„Icriteria. 'I"he„Cornmunity Development Director, or their designee may deny a Ministerial Wireless Communications Facility Permit if the proposed project: I. is not in substantial conformance with the approved plans conditions of approval agdZgr defeats or rnateriallydegrades concealment elements or stealth design features of the existing facilityor support structure 2. Violates applicable build ing,_structuralt electrical, or safety_ codes_ or legally enforceable permit conditions- or 33. ._ Violates public health or safety standards enforceable under applicable lave. E. Additional denial criteria for eligible facilityreguests. For applications submitted under Section 6409jaj of the Middle Class Tax Relief and lob Creation Act of 2012, the Director may also, denythe request if: 1, The proposed facility_fails to_meet the criteria for an Higsble Facilities Request under federal law and FCC regulations; or 2, The modification constitutes_a "substantial change" to the_physical_dimensions of the existi„ng wireless tower or base „station, Was defined by Section 21,34.2201Definitions. of this Code or a22licable federal law. F. -Denial without preiud,i,ce. Any denial of a Ministerial Wireless Communications Facility Permit shall be without prejudice to the applicant's right to seek approval of the pro1ect through other „discretionary permit processes, including but not limitedto, a Tier 1 Wireless Communications Facility_ Permit or Tier 2 Wireless Communications Facility Permit, subiect to applicable requirements. G. _Term of approval. Approval of.a Ministerial Wireless Communications Facility Permit shall not extend, renews, or otherwise modify the term of any, underlying entitlementL_per,mit ,easel or other Sand use authorization. H. WConsistency with federal „law for Section 6409ialappl.ications. For applications submitted under Section_ 6409(a) of the Middle Class Tax „Relief and Job Creation Act of 2012 this Section shall be __ __..._Pp. _. _ ..._x__�._.., _. ��... Telecommunications_T Act of 1996 Section interpreted and a lied in manner consistent with the _c 99 , 6409jg),_gpplic-able .FCC rules and regulations, and any bindingcourt decisions jnterpreting such laws. an the event that Section�6409� or an�r FCC rule interpreting Section 6409 a is invalidated amended or otherwise rendered inapplicable,the City May,reg_uire discretionary permits consistent with applicable law. (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 (EST] Page 19 of 37 44ef-pFeted-aP4 -applied ­549-4&40-be- GG R rs�sle nt wII4-#4e-TeIeC-G�MR4U Ri fi-R-Sr-AC4-ef 1996; fegu4at4eRs; 34:44 caet+4-4ec-�s Ps-aR4 4e­teF4*f4atIees­Fe4a44f;g _44_-&� R: Gf'--Sec-4e,q-4640%-}-of -,-wV-F-CC+ue I-hat4RI-eF -Sea P&R­6+4149{a4 ;+4t 44�a.;4d-ale -a� mater-i-ats 4e-p--t4e_ -alteppative fec-9u;:.r,& -pep:f44ed - +m4ef- - feder-al- law j- u R 4y develepq4ent 4+resteF-f*+ay4e.Ry-a eg eleaFaeEe. a4qd/qf--safety-' 47­--919'&S44Gt-'GW4j#Y 4-eR_ap pl icat wft4aut-pf ejW+ ee .1e44e-apo +*c-aR.t,-Ihe+e� pF-Gpe4y -Gwf4ef ef 14E, pr iec+. Subjea le­th-e appkien w4h, -all -feq4iFed 4P4 -4eaf:a-Rc-e;-es. -teF4:R-ofLjj4e undeFty+4g (0 fd- -k e, -L2 2 6-i -§� E- X f I -.-. -Ar 44.­4- 19 - 2-G1--7—,Gr4- N,& 7 ;P9-3,- 4 4{ �;. &. 2L -2024} 21.34.'i2-OO94-�-"aUe,qPlacement of wireless communications facilities. This section establishes the Citv's Preferred locations and structures for wireless facitities to minimize visual impacts protect community character, and Prioritize use of existing Arastructure, consistent with State and federal law. A. Site location Preferences. All aonlicants must, to the maximum extent feasibI pLo . .... . ... _91 _pqse new wireless facilities in locations accordinp, to the followiDg _pLtferenqes,_Qrde red from most Preferred to least preferred.- 1. City -owned or controlled property; (Supp. No. 40, 9/24) Created: 2024-10-29 13:32;e8 (EST) Page 20 of 37 2. Light Industrial. Research and Development and _General ,Commercial/Light Industrial designated arp ce1s�, I Public Facilities and Ogen Space designated parceis; 4. General Commercial designated parcels, 5. Neighborhood Commercial Fand Professional Office designated parcels; 6 Mixed Use designated_ parcels (exelumdiing those designated General Commercial Light industrial), shall be,Yprioritized based on their permitted residential density with reference iven to sites that allow .. _ _.........._.. _ _,.._ . l _ _p __ g fora higher „maximum density within this priority level; then 7. Residential designated parcels (excluding those with a Mixed Use designation shall beprioritized based on their permitted residential density with preference given to sites that allow for a higher maximum density within this priority level; then 8. Historically designated parcels, regardless of any other designation above, and pa-rcels with anyother designation not specified above. Proxim_ity,to,,Low -Dens ity Residential Areas: Within each of the categories listed above, locations within 200 feet of a parcel designated for low -density, residential land use shall be considered less preferable than other areas in the same category MHowever, such sites shall still be considered more preferable than locations inany lower -ranked catggo_y�This preference is intended to reduce potential land use conflicts and visual impacts on sensttive residential areas. Note: For the purposes of this Section, parcels are designated by land use as depicted on the ON General Plan land Use Mar), as from time to time. _ _......... p _ .- _.._... _ . _ _ p . _, _ _ _ ....,-._- B. Su ort structure re erences. Su ordinate to the site ocation i e erences described in subsection fA�,above all applicants must to the maximum extent feasible propose installations on support ....-1.�_....� ...... _._1_ structures in following order of preference, from most preferred to, -least preferred: 1. _ Installations of new stealth facilities within an existingbui,l,dingor structure that meet the design requirements and definition of a completely integrated facility- 2. Installations of new stealth_ facilities on the roof of existing buildings that have been constructed to at least to the maximum height„permitt_ed by the applicable zon_i_ng_district, and installations that are flush -mounted to an existing high -voltage_ lattice tower, when meeting the design requirements and definition of a carefully placed facHity, I Installations of new concealed roof mounted wireless facilities on existingstr-uctures� 4- Installations of new concealed facade mounted wireless facilities on existing structures; then S. Installation of new ,freesta-ndingwireless facilities fi.e. towers) C. Less preferred locations or structures. For applications that involve lesser -preferred locations or structures pursuant to subsections A and B above4the cant must demonstrate by clear and convincing evidence that any more preferred locations or support structures within the targeted service area would be technically infeasible. �:---_ �e-tom e�teF�t#eas+������iee-fie+Ag se-ihfetf;�f}et E4fif�i�--w+tk►-a$p�iea�4�-federa��-�ta►tel•aa�;�ife�s� Ee n �Ea ia+�s +t+es-Ubjeate-the-fev+ew-ae4-aepfa--ef a Ee+ it+ee l-ese pe +t -&e-admiei&trat+ve site Eb+teEt�fral fe +e pef it �b l-fie feEate� it e nest pfe€ef+ed eeati f} �s 4e-&cf+i -t4s seetie actte-*e_444ow44go+4e-F-efj)T4ein0-4-oFdered- from tk &-most-pf-€effect t9--t4e-fea6t ffe ed�- mere. j3+4fe-Ffe4 ,-+Fea s� (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 21 of 37 �.__._.._.._�.ity.ewr�ed ar-eeetrefled-�a�s;--theR reseaf-c*4Pd4ev-e4epmeRt& iC-faeifities-des+gRated arEels; t ?eA �-----�e�af e�a�eeetr-a���ieess �is�ic-t; ��e�es�+eeai•e€fi-ee; eR��i�ec#--t�edes+gea�ed�a+�eis; t#e� 4_----Aiefgk�be�k�ea�-eeAa�taf aR�epeR-��e-des+g+�a��aRrek;-t#eR L-e s preferred--area-s= �: -- +der}ti isteriEa+; -aR at#e *-sjgRated..a-Feas i- 4+slf+e��-and{er a eis; aeR 61� ..- A+l- at4ef--are-as- �:- -+f -aR +EaR bra ases e eEa e z� aew- ac4i4y $r s bstaetia� eb-aRge- aR exist+r}g €acfi+t iR a �ess �re€e ed area;-t#e �p aet -s4a-4--prev+de -aR-additieRa ante Aat e site al s mat; at -a fr+efm u m ; +R4c+des e eaR+Ag€+� eeaaive -aRa4yss e# -a#aea�r+�ate�ites+R-the f�4ef-ere#ee feEaiaes mate-ap��iEa+t censfdered and Mates theRderfeg-a1 base far eRg� aR�i deeesra�es;ee sai�€aEt+aA a# tk�e dee-+s+ea �a�ieg.dedy; �#��eac-#alter=Aa�iva-+r}-a-year-e-�refe�=ed-�aEa�iar�s}+s/afe�i}mat-�eEhei�ai� #easi�e� {i+}- eet--�e�e+�a44y -a�a+�a�ie;-ar�d�e��if+}�e�e-+Rt�sa�e:-�#e-dee�+ee-�a� ieg-beds-cea� au�arf �e -a #aEil+�-te-be-estab9+si=ied +R-a�s-�re#e�r�-�eea�iaR-+€-de+Ag �e�s-eeEessa� te-��eveet-�t��as��+a� -aes�de� reacts: C—. t+R+Ea#9RS,4C it�es-YW floe eer}trary; fames4R44,e-PUb+E- gig t--4 way- rgay--de #ee+A-p+e€erad+e to ,a-aeat on-aR p4vate- erg; ta-tk�exteet-#eas i b4e -aAd-prey+dad-tk�at tk���a��-afde�-ef-�r+ar+ty,-+r�Eees+derat+©+�-ef �#�e-ab+�tt+Rg +-a+�d 45,4 , +5 #�4Ata4Re�: 21.34.13000 Design requirements. All wireless communications facilities r�t ``te.-a-e9r4dit+eea+ase�erm+t�raA adi+straie�+eand arEW+tee raf reAew-3.erAR+t-shall be designe''d'as�a` `stealth facility, or as a concealed facility, as defined in Section 21.34.220GO JDefinitions.), and incorporate concealment measures and/or techniques appropriate for the proposed location and design. All facilities and modifications thereto (except those facilities which qualify as an eligible facilities request pursuant to Section 6409(a) or as a subsequent collocation facility that is a permitted use not subject to a city discretionary permit pursuant to California Government Code 5:e�$e _ 'an 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, § S(Exh. A-1), 9-19-2017) 21.34.140 !Post decision procedures; discretionary permits. except as otherwise provided in this Chapter, afI procedures -set forth in Article 5 JZoni Code Administrationj shall applyto decisions on discretional Wireless Communications Facility Permits. These include, but are not limited to procedures related to appgals�permit modifications performance guarantees, and revocation. A Limitation on grounds for appept_Pursuant to Section 332LcL71of.theTelecom municati ,on s Act local �eit decisions mav not be based her directly or indirectly radio on the environmental effects of „dio _._ _ � fret�uencylRFJ emissions if the facility complies with all applicable regulations of the FCC. Therefore (Supp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [EST] Page 22 of 37 appeals based on the environmental effects of RF emissions will not be considered when the facility is in compliance with FCC standards. B. Decisiors made by the Community Development Director. Aooeals of decisions made bV the Communitv Development Director, filed in accordance with the requirements of Chapter 21.62 *ise #Fa e4*we4+4)",nffeO+ni*4jos'sx-,+n a444i4n'to a-p4SeGtien-24-.42, 950 �Aetiof+-by �e-j)-efiTn4 af4�katiof�� __��� �e�me�ap� +ned if*a*�*xo^�+e���� 21-34-15024 Failure to act and remedies. Under federal and/or Sstate|ew, theOty's failure toact onawireless 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: #�ep� 1J. WrittenFollowing the date bywhich the City must take �na|action onthe appUcat}on(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. z. Completes all public noticing required pursuant tuGw«Section Zl.B4.OZ0(Notice ofheahng). Z. No more than thirty (30) 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 tin C44C—Section 21.64.020(B)(2) (mailing) and to the City. Created: 20='10-29 13.32.08 [en] 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: i. A statement that these applicant has submitted an application to the City; ii..Aproiect description including the location andgeneral characteristics of the proposed facility iii The followwi statement: "Pursuant to California Government Code Section 65964.1 State__law may deem the application_ approved if the City fails to approve or the application within the time periods and procedures established by applicable FCC rules unless -otherwise agreed to__by the City and applicant by_mutuaI tollingagreement�.'� iv_ TheTapplicant's identification and contact information as provided on the. application submitted to the City and instructions on how to contact the applicant, v. The followingstatement::"The City may notulat regethepiacement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations concerning such emissions. �:-...._�►e-+�©�iEe-+��e�k�at•�l��appl+Ea+�t•#a��rn+t-ted-�fl-appl+e-a�ie�te-�k�e �;+�;-�#ese-ribe �k�e �eEat-i$e��-ge�era�--�a�ac-ter+sue•e€-�la-epr-ep��e�-€ae+l+tv;-+a�lt�e-�kre�al�ewi+��a�e�+e�-: '=�rstta�-�e-E�fi��+a.�ever-�eR� Ee�e-fee-Derr-6�4:-1;--�tate�+�a� �ee�a-tl�e -aP�l�atie� app�ev��-�-k��y-c�J-er}der-�a�s-u-�ess�k}e•�i��-p�re�e���e��e�t#e�ppl+e-a;-ef-�be�i� a-a4 appl+Ea-reae-b a a�4r�g egreeer" (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) �e+a��+r�g-a�ay_©der p�ev+�er�-ef-�++s-�a�p�er-�l3e-�ee+a�-e��-Eeed+t+era���e pe�+t,--a��+r►+stra�ive ate-ar�d-arEl�+te�ra� rep-lees-pera�+t; $r-�ea+ag �eara�e -�a�-fled be �ase�-aR-�be•eRv4rer��•e#�eEts-ef -�-� ern�s+ea� far �i�efe�s�err�►t�+Ea�ier�-�a�+f+�es-�a-t-�e�p�-�nf+t#�-�-�eg�+fa�$es;-���ard� g��el+�e� Eeee-e�+�g•�t+El�-�-e►�fss-fees 2017) 21.34.1604.0 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 coo e+y-4evel0pf44eet-444:eetorCommunity Development 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 e-em+:Ru-4e-ve4,ap+:Reet-4jrec4.G+Community Development Director may schedule a public hearing before the Planning CommissionpJaeeing-Er� o+s•r- R at which the commission may modify or revoke the permit. A revocation by the Planning Commissionp4-anfi+RgGoFRm4s&ioe may be appealed to the City Council „as set forth by Chapter 21.62 (Appeals). All hearings for revocations or modification of previously approved permits and entitlements -shall be noticed and conducted in compliance with the proceedings set forth in CMC-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 21.34.1705O Temporary 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 bathe owner. (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) 21.34.1.80 Limited exception from standards. The purpose of this Section is to establish a narrowly tailored process by which the City may rant limited exceptions to the requirements of this Chapter when necessary to comply with applicable Sstate or federal law. ;This Section is intended to preserve the City's authority to enforce its local regulations to the greatest extent legally permissible, while recognizing that strict application of certain standards in limited circumstances may conflict with „the rights conferred upon applicants under State or federal law. The „procedures and findings set forth herein are designed to ensure that an exce tion ranted is based on substantial evidence adheres to legal constraints and is limited in scope to avoid undermining the objectives of this Chapter. A. Reguestinga limited exception. An applicant may request a limited exception at anytime prior to the application being deemed com lete. A request for a limited exception submitted after the application has ._. been deemed complete shall require a new application. Exceptions, are not automaticallygranted and must be reviewed as„part of a discretionafypermit application -process i.e., a_Tier 1 or Tier 2 Wireless Communications FaciIi_ty_Permit). The request will be considered by the applicable decision -making body at the time it takes action on the associated Wireless Communications Facility Permit and account for any requested expansion of the facility which could occur as a result of a future eligible facility request pursuant to Section 6409(a) and FCC rules imp lementingSection 6409 of the Spectrum Act codified at 47 U.S.C. 1455. Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption that an exception will be granted in any other instance. B. Apelication requirements In order to request a. -limited_ exception, the applicant„ shall submit a written justification, supported b substantial evidence, to rove to the applicable decision -making body (or appellate authority on appeal, that strict compliance with this Chapter would prohibit or have the effect of Qrohibitlog t_he provision of personal wireless services, or otherwise violate State or federal law, and that an exception should therefore be granted pursuant to this Section. The 2122licant must also provide clear and convincin evidence that alternative sites or facility configurations would not resolve the conflict with the applicable standard or are technically infeasible or not reasonably available. C. _ Minimum extent_ necessary. The requested ex,ception.shall be narrowly tailored so that the limited exception deviates from this Cha ter to the least extent necessary to avoid violation of federal or .State law. he--app+eafq-always ea s k 4ufden-to - gFante -Aar-appliea-Rt f ++jest-an-exemp4ie4.4s4:A..ape a-peFmit -deni .wo+_+W e€#eE-tf�eiy-p�e�+�+t perse-nai-��efe�s-�e�es -ice-ire.:-�e-��a ��.t©--ap�e�e-sum--an-ea�e�pt+e�; the,appi+c-a�t �-�st-�#e�enstrate �i�la elea� and-�r�+eEiag-e�+denee�4l-af A.-.4—A--sig-�4i4cafwgapj-n -th-e p4iea 's se +ee ee e age e sts; n (Supp, No. 40, 9/24) Created: 2824-10-29 13:32:08 [ES"] Page 25 of 37 8 --- _ �I-ai•ter+�at+vim �-i•te•s-+�en�•i�+ed-+fl-��e-�n�l+��-�e�few-�re�ess-are-ei�he�•-�eEheiEafl�-.•ifl#•ea�l� sr 21.34.190-70 independent consultant review. A. Authorization. The CityCouncil authorizes the cz f ► 4ev - _ �y o�ment �- e�ef�e��+re�tsrComr�unit Devel Director to, in their4+�,&F-4er sole.discretion, select and retain an independent consultant with expertise in specialized knowledge in telecommunications issues or any..issues related to the application for a Wireless Communications Facilities Permit y c evela e*44if�eGter +fl-EefafaeFtie•+�-•wi-� aey-•perm+t-a�p�fc-a�iefl. B. Scope. The c-iDraf4uf-4y4evel4pf44e;7ft--4ifeet�&fC_ommunity Development Director may request independent 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 Manned compliance or post -construction actual compli„ante with applicable regulations for human exposure to RF emissions;Whe ,-w4were•-&- 4gflffi-ean-ga-pexfJ45-sr-fl-ay ex+�;-v�aet#ef=• �� �� �e •te�e�+Ee-Eeve�age•er Jer�Ee-ea•pa�+�; 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 Ee�flity deye-•-41reEt-er•Communitv Development Director. C. Deposit. To the full extent such costs are recoverable or collectible under applicable S-state 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 c-omF:Rfpity-de-ve Naf44eRt4f=eaarCommunity Development 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 of f 4y4eve4epfiefat 4ire4erCommunity Development Director shall invoice the applicant who shall pay the invoice in full within tenj10] calendar days after receipt of the invoice. (Ord. No. 2226, § 5(Exh. A-1), 9-19-2017) 21.34.2.009 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 ninety_L9W 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: 2e24-10-29 13:32:09 BEST] Page 26 of 37 21.34.2104� Severability. in the event that a court of competent jurisdiction holds any 5ec4oRsSection, subsection, paragraph, sentence, clause, or phrase in this see Se4k)n-Chapter.unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this sr-t iChai)ter and shall not affect the validity of the remaining portions of this seEie:ti�Ch�>ter. The City hereby declares that it would have adopted each s-ec>Section, .. subsection, paragraph, sentence, clause, or phrases in this sec-400-Chapter irrespective of the fact that any one or more %c-4aw'Sections, subsections, paragraphs, sentences, clauses or phrases in this seet+e+� eE r C ha 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 21.34.2202�90 Definitions. As used in this Chapterc-4a2ter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning: "Antenna" means the same as definedby-#eKC in 47 C.F.R. Section 1.6002�b�,as_may_be amended or s.u�erse_ded.; -wh+� defi�e� �a�-tee-as-#��ew�:--a+�-ae�a�a��.�-des+gr�-fer-tk�e��pese-efem��g �=a�i�€regt�eesy-4-��-} ra�iat+�; te-�e-eper-a-teb✓-ar e�e�a�i+�g-#a-€+xed �eEa�e►e-�u�s+�aflt--te-Ee�m+ss{se-abe�i�a�a�; �e�.-t-b�-�®v+s+ea-ef der:se+�af�i�=e�ess-ser��e-a+�d-a�.eoe3+��g�ed-+n-fey+�aa�er�-sew+Ees:��e�iFe.er.�stem-af �i�es; �el•es; r�s;-b�#es-� �fsEs ar �i }far �#eviees t e� #3e t a �s�ie+� aflb e reEe+e e# ale ageet+Ewa-ves. "Applicable FCC decisions"_or "applicable FCC rules" means the same as defined by California Government Code S,&G e Section 65964.1(d)4f), as may be amended or superseded,-wh04 de€Res-hat--ter-m-as "I-R-fe -ReUt+e4fef Bec-Mara-t-erfiflg,-�4-��-R�d__1�9�4-��889�afld+n-�e-�a-t�e�-e€-Ae-Eele�atfefl-ef-8fead�a�.F3e�ey�e�t-�iy�m�e�+flg Wiretess es- aid Ur-der7-24F-CC i cd-. 4246S 0-044 --!". "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. "Attached wireless facility" „means any wireless communications facility that is not a free-standing wireless facility. ,� _ .... ��Y Base station" the same as defined in 47 C.F.R. Section 1.6100 b 1 as ma be amended or superseded: de€+ees-�e�m-as-#�ews�--a-s��e-��e-� eqt�+pn�eeE-a�,a#+xed-�-�ha�eaa-dtes.F-E�-fiee+�sed� au�her+�ed w+mess-.ee�mt�-aic-at+e-ns-be-t�eee- t+se�-t��ie�-aa�#� Ee�mt�+Ea�ier}s�►e-�+re�iF:-�be-term-�#aes--net-e+�em�as�� tewefas-defiesed.as+n-this -ehapter,G+-R-44 .aay-equipFgeRt-4ssee4a w44 r ef-: s�+eh as -private; breadEast; ar}d,b�ie-sa#e seriEes� ase�t-as-+Eeflsed �ntireiess ser�+es,a #4*ed �irefessserv�es-suc-k� as-re�va-ve-daelEkia�i: Eli}_-�b� e m + i{+des; t +s-aet wed te; ea ie tFa%eeive 4nte44nas, Eeaae+a er €ire e iE-Ea ice; �eguia� a44d-4a kUP-der--supoes;-ar}d-ee pa adle eg i$meat; egardiess-ef-teeh�©legiEal-�an#+ga atie (-ire-�udieg-8-ist�ifed Aete��a-�yste�s-ar}d-�a�-ee�-�et�ver4�s�: eter- Fn4RcAudes-afly-stf-uEWr-e-ather tbar; to e -mat,-at ae sae the e� p I+Eaflea +s ilea itk► tk}e-Mate _.er_leea-i-ge�err�►eat_ t�de�-4�--C:-�.�-§-1:�88;-�u�perts-e�-#etrses-_egt�i�rr►ea�-desc-�+ded--� aragrap s �b i�'--µ�i+�-e 47 §1: 88 tdat 4as-4eer}-f-eviewe44r4-aepreve4-4fl4er #veapjAiea-We efliag a �i lag �reEess; er-t �e� araetfae mate ar fec-ai egu�atery-review $recess, eye;: 4the -st ur-e was-aet bt�+lt #er t#ie safe ar ar}� p�pese a€ previ�ieg saEk�-suppsrt: �iv�- 4k►e teem deer-r}e+aElade ante t#at; at tf timek►ee�evaat-ap+Eaier�-+s *e vvi td� Mate OF- --Gf- h e +se-egaipmera deserik ed-+r� "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) Created: 2024-10-29 13:32:08 [EST] Page 28 of 37 "Cell site" means a parcel of real property on which a wireless communications facility is to be located. Cao+p-be4 Mm�k- p^at-C-ede- "Collocation" means: 1. Except as provided in subsection12), "co-4ocattion" means the same as defined in 47 C..F.R Section 1_6402jgh._as may be amended or superseded. 2. Notwithstanding subsection �1� with respect to eligible facilities requests "collocation" means the same as defined in 47 C.F.R. Section 1.6100jb)j2j as__maybe_amended or superseded which defines that term as "WheWmounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio freg_uency„signals_for communications -purposes." As an illustration and not a limitation, the FCC's definition effectively,rneans„"to add" new equipment to an existing facility and does not necessarily refer to more „than one wireless facility installed at a single site. 4 ._ Sept-ae pfeY44e4-444--sobsec4+Gn- { },-" I�c�Ea +efl" ea+ e- e e-as-de€+�ed_ ..-N*+orvw4e 4�egfafn+�ratae.Mgr~eefnent-far-tf�£�llee-a�+aR-efeles�-err�+as,.47.-Eft p�-1� A��--�; -a+�d moo{+��e Not WA4stafld+eg--5utISect+e4{aY.,i-t-h-fespec;-to--64g+ble- €a4l4+e +equests;."eo4eeat-ion"-mea-Rr,the-same as i ReS-that-tefm-as '��tjf}e +n ►g +nstaflader+©ftfa s ss+aner}�i aae+ an�nel+g+bfe tppe st uc-ture4*-the -ptrf-pose Of f�uf-poses As-an+4ustr-a#en and-+iot-a meaRs. "to -add" rye eq pr +end o a exOA+rgfae+f+ty ,and does rfat + ec-es-sadly wifeless -facility-+nsta4e4at-a��+�gfe site - "Communications" means any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a "fine -of -sight" principle. " m-m*t deye lepmeA,44r-ector-Commu,ni,ty Development Director" or "director" means the eom�r-qu++ity 4eve14pfne++t4fectofCommunity Development Director of the City of Campbell or his or her designee. "Community Dev_el_opment_Departmentdevelap+4ie+�t-depaft efW' means the Community Development Qepartrqqn­tcomUnAyrdevelepmefAde artment of the City of Campbell. "Completely integrated facility" means a facility that is incorporated into an existing structure or site in a manner which does not result in a new feature being added. This stealth category may result in the removal of existing siding, or materials to achieve RF transparency, 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 to achieve a more cohesive design and does not disrupt the design of the building (e.g. the replacement of all roof shingles, as opposed to simply removing/replacing a smaller impacted roof or wall sections). "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, pole, railing, sign, window, parapets, dormers, steeples, penthouses, water towers, bell towers, artificial trees, and flag poles. "Deemed granted" or "deemed granted status" means a wireless communications facility for which the applicant submitted an application in compliance with the procedures and requirements of this Chapter that was not acted upon bathe Cif within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions (accounting for tolling periods), and satisfied the requirements of C=44C Section 21.34.15-;�0 (Supp. No. 40, 9/24) Created: 2024 20-29 13:32:09 [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). "Eligible facilities request" means the same as_defined in 47 C.F.R. 1.6100�b3�_as..,_may be amended or superseded. -�4�g+�e-#+dies-Fey#ues�"-+�ea�s-�k�esa+�e-as-�e€�+�e��-�k�e•�-+n-4��:�:-R: Seet+o�►=1.��84�}(�}; as-�ay-fie aee�ed,i+ee#+Flesk►,ate-as—"{}e refit #e +e+Ea+a� ©a-ers+ere e�ase�I feest substaat4a4iy O� ge f�hys+e + s+e s e# sum fewerof-�a�e sta i$a;- �4vi+ "Eligible support structure" means the same as defined-4y14e4�C-E in 47 C.F.R. Section 1.6100(b)(4), as maybe amended _or superseded, 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 1.61001." "Existing" means the same as defined-by-toe-� in 47 C.F.R. Section 1.6100(b)(5), as may be amended. or superseded 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. "Freestanding wireless facility" means a wireless communications facilitythat is, aself-supported structure and not mounted on or attached to any_ existing_buildinRor structure. This tyke of wireless facility specifically includes, but is not limited to, faux trees and towers, other than a temporary wireless communications facility_ "MPE" means maximum permissible exposure. "Non-commercial communications service" includes amateur (HAM) radio facilities licensed by the FCC, and satellite dish antennas (see C44C 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 wireless services" means the same as defined in 47 U,S.C.332�c�7�jC�i� as maybe„amended or superseded. "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 or 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;32:08 (ES?} 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 by-thp-44C in 47 C.F.R. Section 1.6100(b)(6), as may be amended or superseded, which provides in part that "[f)or 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 tj that area in proximity to the structure and to other transmission equipment already deployed on the ground." "Small „wireless facility"Wmeans the same as defined in 47 C.F.R. Section_ 1 6OOZil� as maybe amended or sukerseded. "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 or su erseded which defines that term differently based on the particular facility type and location. For clarity, the definition in this Chapters organizes the FCC's criteria and thresholds for a substantial change according to the facility type and location. 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. 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 other ground cabinets associated with the structure, or (Sapp. No. 40, 9/24) Created: 2024-10-29 13:32:08 [ESTJ 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 c-ema m4y--4eve4,op++-+ePA4+f-ecter-Communitv_Development Director; 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 s.e,�eaSection. 4. Interpretation of tThresholds. 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. 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 saes 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. "Tar gteclservice area"". means the geographic area identified by_the applicant where the proposed wiref ess communications facility is intended to provide or improve service based on the applicant's technical objectives such as coverage capacitVD or signal quality. "Technically infeasible" means a situation where compliance with a specific requirement in this Chapters physically jmpossible and not merely more difficult or more ex p ensive than a noncom liant alternative. �.._.._�_ — _ _ - -.-W� "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 by-tbe �C�-i n 47 C.F.R. Section 1.6100(b)(9), as may be amended or superseded,-�-I�+E#-del~i+yes•�aat--tee-as-"�a�-e-tz+ref}e+ltrer--t-#e se�e�= teary-pu�pes� �-su af�i � - l�c-eased-er �utlaed �RteeRas•aR��ei��sAeiated-faEi�ties-; +R��++�g-st�uett�es -t-bat-a�=e-�eRst��ted-#e�el•ess ee�mt►r}iea�i�R��ewiee�+R�I�+Rg; #u��►et-l•i�+ted•-t-e; �+va�e; �readEa-St;-aR�-��I+E-salty-��iees;_as �el�-a� t�RfiEer�ed--wi�efe��v+e-es--aR�-#�-xe�-v�i�efe�s�e�fee����-a-s-�ieraw-aye-�aek�at�l; aR�t-k�e•assoe+ated-s-ire-maples ire-J�,�e;-iaet-are-R-e-t-l�+te� -tee-�ee�, �e+�e-trees•aR� �a�+Ee-is-veers. "Transmission equipment" or "wireless transmission equipment" means the same as defined by -toe F�:-C-in 47 C.F.R. Section 1.6100(b)(8), as may be amended, or superseded.kk�deiesaattem as"eotipm-&Rtbata+fates �a-ese�iss+e� #eF �R� EFE�}--fieeRsed $r-autbe�+red-�i-�eless-e-eu�iEatiAR-�v+Ee; +Relt��g; b�l-t�eti�e� tes�a�ie t+�a�asee+��; ,�Rt�RRafi; �ea3f-ial..sr-€ider•-ept+E Fable,--and-�egefaraR�-baek�-� �'r�e� y-�e+R�fu�es �+pe�e+�t asseEiate� vµi vw eles� eee�mt +ea ieR� ge es +R�t +Rg; met ii i e te; p iva e; b ea�east; aR� pub4e -&afety sues; a �ce�l as R eeRse� wi efe�s �e v+Ees 4nd4xed vA -e,tiers.&of- eer,-suc-h-4-s--R�ie�wave- -b-aekh-aul (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"Lem"facility- "wirelessTrfacility", o_r "wireless communications facility." "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. 6), 5-2-2023) (Supp. No. 40, 9/24) Created: 2024-10-29 13:32*08 [ESTI Page 33 of 33