CC Resolution 13052 - Approving Wireless Facility Permitting GuidlelinesRESOLUTION NO. 13052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE WIRELESS FACILITY PERMITTING GUIDELINES AND
AUTHORIZING THE CITY ENGINEER TO UPDATE AND CHANGE THE WIRELESS
FACILITY PERMITTING GUIDELINES AT ANY TIME
WHEREAS, the City is limited by state and federal laws in its authority to regulate
various aspects of wireless communication facilities, however the federal government
does recognize local zoning authority to a limited extent; and
WHEREAS, on November 5, 2019, the City Council adopted Resolution No. 12522
approving the Small Cell Permitting Guidelines and the Small Cell Design Guidelines,
which both regulate small cell wireless facilities; and
WHEREAS, in addition to applications for small cell wireless facilities, the City's Public
Works Department receives applications to deploy other wireless facilities in the public
right-of-way, on both City -owned streetlight poles and utility owned poles, as well as
applications to modify existing wireless facilities; and
WHEREAS, in order to standardize and to streamline the City's permit process for all
wireless facilities in the public right-of-way, City staff proposed for adoption on
September 19, 2023 to City Council a new Chapter 11.13 of the Campbell Municipal
Code "Wireless Communication Facilities in the Public Right -Of -Way (Other than Small
Cell Wireless Facilities)"; and
WHEREAS, City staff also developed the Wireless Communication Facility Permitting
Guidelines (attached hereto in Exhibit A), which provide the process and details for
implementing Campbell Municipal Code Chapter 11.13 and Chapter 11.14, as well as
the process for issuing a Wireless Facility Permit applicable to both City -owned poles
and non City -owned poles in the public right-of-way; and
WHEREAS, the Wireless Communication Facility Permitting Guidelines would
supersede and supplant the Small Cell Permitting Guidelines adopted by Resolution No.
12522; and
WHEREAS, in the adopted Resolution No. 12522 from 2019, City Council authorized
the City Manager to enter into license agreements with wireless facilities providers using
an MLA as approved by the Director of Public Works and the City Attorney, for any
small cell wireless facilities proposed to be installed on a City pole controlled by the City
and located within the public right-of-way; and
WHEREAS, City staff proposes that City Council expand this authority to also authorize
the City Manager to enter into license agreements with wireless facilities providers using
an MLA as approved by the Director of Public Works and the City Attorney, for any
wireless facilities proposed to be installed on a City pole controlled by the City and
located within the public right-of-way (and not just limited to small cell wireless facilities);
and
NOW THEREFORE, BE IT RESOLVED, that the foregoing recitations are true and
correct, and are included herein by reference as findings.
BE IT FURTHER RESOLVED, that the City Council hereby:
1. Adopts the Wireless Facility Permitting Guidelines (attached hereto as Exhibit A),
for wireless facilities in the public right-of-way, and authorizes the City Engineer
to modify, update, or amend these guidelines at any time.
2. The Wireless Facility Permitting Guidelines (attached hereto as Exhibit A) herein
adopted shall supersede and supplant the Small Cell Permitting Guidelines
adopted by Resolution No. 12522. The Small Cell Permitting Guidelines adopted
as part of Resolution No. 12522 are hereby null and void as of the effective date
of this Resolution.
3. Authorizes the City Manager to enter into license agreements with wireless
facilities providers using a Master License Agreement as approved by the
Director of Public Works and the City Attorney, for any wireless facilities
proposed to be installed on a City pole controlled by the City and located within
the public right-of-way (and not just limited to small cell wireless facilities).
4. All other provisions adopted by Resolution No. 12522 shall remain in full force
and effect.
PASSED AND ADOPTED, this 19th day of September, 2023, by the following roll call
vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
I / �/o jot "1/
n rea Sancors, City Clerk
EXHIBIT A
•0RCHAO
DEPARTMENT OF PUBLIC WORKS
WIRELESS FACILITY PERMITTING GUIDELINES
For Wireless Communication Facilities in the Public Right -of -Way
The City of Campbell seeks to permit wireless carriers to install wireless communications facilities, within the
public right-of-way, in order to provide robust cellular coverage and capacity throughout the City, while
ensuring wireless communication facilities are well -maintained and do not significantly detract from City
streetscapes. The purpose of these Permitting Guidelines is to establish the process and application requirements
for a Wireless Facility Permit required pursuant to City of Campbell's Municipal Code (CMC) Chapter 11.13 and
Chapter 11.14. These Permitting Guidelines are in accordance with CMC Chapter 11.13 and 11.14, as well as City
of Campbell's Wireless Facility Design Requirements, and City of Campbell's Small Cell Design Guidelines.
Applicants shall comply with the following standards. If compliance is not technically feasible, applicants must
demonstrate so in writing to the City.
The City Engineer may amend these guidelines at any time.
WIRELESS FACILITY PERMIT APPLICATION PROCESS
1. Execute Master License Agreement (if applicable )
For a wireless communication facility installation on a City pole that is owned and controlled
by the City and located in the public right-of-way, the applicant shall fully execute a Master
License Agreement (MLA) prior to issuance of a Wireless Facility Permit.
2. Informational Conference
Prior to submittal of an application for a Wireless Facility Permit, all applicants are
encouraged to attend an informational conference with Public Works Department staff.
This is a voluntary discussion, but it is highly recommended. The Public Works Department
staff will provide applicants with an appointment for the informational conference after
receipt of a written request from the applicant. The City does not intend for this voluntary
informational conference to start the review process or trigger any applicable FCC shot
clocks.
The purpose of the conference is to:
a. Inform the applicant of City requirements and review process;
b. Identify information and materials the City will require with the application;
c. Provide input to the applicant of possible project and design alternatives or
modifications;
d. Identify potential concerns and streamline the formal application review
process;
e. Provide the applicant with the public notice template.
Applicants are encouraged to bring the following materials to the conference:
a. Photo simulations of typical installation;
b. Typical design;
c. Master plan of wireless communication facility deployment in the City's right-
of-way;
d. Any pre -applications materials for informal staff feedback and guidance.
3. Application Submittal and Payment of Fees
All Wireless Facility Permit applications shall be submitted by appointment only;
appointments may be requested by email at WIRELESSFACILITYPW @CAMPBELLCA.GOV.
Applications shall be submitted as electronic files in compressed PDF format. Electronic files
must be provided via a cloud based file transfer (Microsoft SharePoint recommended) or
email with individual file size not exceeding 14 MB to the City's Public Works Department
during the permit application submittal appointment.
Applicants may generally submit one application per appointment, or up to five individual
applications per appointment for batched applications (with substantially the same
equipment in the same configuration on the same support structure type), with only one
batch pending permit issuance at any time.
The applicant shall submit a complete, duly executed Wireless Facility Permit application
using the City's Wireless Facility Permit Form, which shall include all required materials as
listed below in the Wireless Facility Permit Application Checklist.
The applicant shall pay all applicable fees in accordance with CIVIC Chapter 11.13 or 11.14,
and the MLA if applicable.
4. Public Notice
Within 5 calendar days after submitting an application, an applicant must mail public
notices to all property owners and residents within 300 feet from the project site. Public
notices shall be on the applicant's letterhead and conform to the template provided by the
City.
The notice shall be approved by the City prior to mailing. The applicant shall send an email
to the City (WIRELESSFACILITYPW@CAMPBELLCA.GOV) with a copy of the notice attached
in PDF format.
The public notice must contain at a minimum the following:
a. A general project description;
b. Photo simulations of typical installation;
c. The applicant's identification and contact information as provided on the
application submitted to the City;
d. Instructions on how to contact the applicant for interested parties to submit
comments within 10 business days;
e. A statement that "The City will act on the application without a public hearing but
that any interested person or entity may appeal the City's decision directly to the
City Manager or his/her designee";
f. A general statement that the FCC imposes certain timeframes for the City to take
final action on the wireless facility applications, depending on the nature of the
proposed facility;
g. A statement that, "Appeals shall not be permitted when based solely on the
environmental effects from radio frequency emissions that are compliant with
applicable FCC regulations and guidelines".
Notices shall be in English and any other languages as deemed appropriate by the City.
The applicant shall provide documentation of public notification to the City prior to
approval of any Wireless Facility Permit. Such documentation shall include:
a. Proof of notification such as an affidavit attesting that the notice was mailed to
all property owners and residents within 300 feet from the project site.
b. A list of all recipients and the method of delivery.
c. A log of any concerns, questions, responses, comments, including person,
property location, and date.
WIRELESS FACILITY PERMIT APPLICATION CHECKLIST AND
REQUIREMENTS
A Wireless Facility Permit application must include all of the following which shall be prepared
in accordance with the other applicable sections of these guidelines:
General Wireless Facility Permit Checklist
1. A complete City of Campbell Wireless Facility Permit form with the attached General Permit
Conditions; completed and duly executed by the wireless carrier, or an authorized party
with an authorization letter from the wireless carrier.
2. Any required plans as detailed below, which shall be prepared in accordance with these
Permitting Guidelines.
3. CPUC documentation that the wireless carrier has CPCN or WIR.
4. Structural Analysis, which shall be per the most recently adopted CIVIC, California Building
Code, and AASHTO LTS-6 Standard Specifications for Structural Supports for Highway Sign,
Luminaires, and Traffic Signals. Analysis shall evaluate any applicable pole, pole foundation,
pole modifications e.g. wielding, and mounting of equipment. Structural analysis to include
a survey of any applicable existing pole foundation.and appurtenances. (During
construction, poles that are found to be damaged or to have corrosion must be replaced.
Plans must be revised and resubmitted showing replacement of the pole and foundation).
The Structural Analysis must be signed and stamped by a CA Registered Structural Engineer.
5. Electrical Analysis, which shall be performed by a CA Registered Electrical Engineer to
evaluate conduit fill, loading level, and voltage drop.
6. Radio Frequency --Electromagnetic Energy Compliance Report, which shall address all
nearby spaces used by people, has consistent formats, requirements, and conclusions for
the same conditions or has detailed reasons for atypical requirements, has a statement of
compliance for the location and radio frequencies, and is prepared and certified by a
professional electrical engineer registered and licensed in the state of California. The report
shall conclude that the proposed wireless communication facility and any cumulative
emissions from adjacent areas, will comply with applicable federal RF human exposure
standards and limits. Activation Report prepared by a California licensed professional
engineer to be submitted within 30 days after site activation, certifying field measurements
of the radio frequencies of the facility comply with levels stated in the Electromagnetic
Energy Compliance Report.
7. Notice of Exemption form including certification, type and reasons for CEClA exemption and
any other applicable information; (https://www.ci.campbell.ca.us/969/Small-Cell-Facilities-
Deployment).
8. All calculations and analysis shall include allowances for all current equipment and future
equipment considered by the wireless company.
9. Other permits for the work (e.g. traffic control in other cities). City permit for electrical work
and appurtenances issued by the Building Official (Simple Construction III Permit).
Additional Permit Checklist for Wireless Facilities on City -Owned Poles
1. Signed Pole Site License must be per Exhibit D of the MLA.
2. Indemnification, insurance and security instruments must be furnished to the City per the
MLA and the General Permit Conditions of the Wireless Facility Permit.
Additional Permit Checklist for Eligible Facilities Requests Pursuant to Section 6409(a)
If an applicant requests approval pursuant to Section 6409(a), the applicant must submit:
1. Documentation and information to justify whether the proposed modification meets the
requirements of an eligible facilities request pursuant to 47 USC 1455(a) and the applicable FCC
regulations at 47 CFR 1.6100, as may be amended or superseded. The applicant shall label such
document as "Section 6409(a) Evaluation" and attach it to the applicant's permit application.
The Section 6409(a) Evaluation shall include:
a. An explanation of the proposed modification and whether it involves a collocation,
removal, or replacement of transmission equipment on an existing wireless tower or
base station pursuant to 47 USC 1455(a) and 47 CFR 1.6100, as may be amended or
superseded, or any other applicable FCC definitions and orders.
b. Justification that the proposed project remains in compliance with all applicable FCC RF
standards.
c. Justification that the proposed modification does not substantially change the
physical dimensions of the existing wireless tower or base station, pursuant to the
applicable FCC substantial change thresholds, as may be amended or superseded.
A modification substantially changes the physical dimensions of a tower or base
station if it meets any of the following criteria provided in 47 CFR 1.6100 (7), as may
be amended or superseded:
i. For towers in the public rights -of -way and for all base stations, it increases
the height of the tower or base station by more than 10% or 10 feet,
whichever is greater;
*Changes in height resulting from a modification should be measured from
the original support structure in cases where the deployments are or will be
separated horizontally, such as on buildings' rooftops; in other
circumstances, changes in height should be measured from the dimensions
of the tower or base station inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the
Spectrum Act.
ii. For towers in the public rights -of -way and for all base stations, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
iii. it involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets, or it
involves installation of any new equipment cabinets on the ground if there
are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in
height or overall volume than any other ground cabinets associated with the
structure;
iv. It entails any excavation or deployment outside the current site of the tower
or base station;
v. It would defeat the existing concealment elements of the tower or base
station.
vi. It does not comply with conditions associated with the prior approval of
construction or modification of the tower or base station unless the non-
compliance is due to an increase in height, increase in width, addition of
cabinets, or new excavation that does not exceed the corresponding
"substantial change" thresholds identified above.
2. Copies of all permits and/or other regulatory approvals issued by the City (or other
applicable local public agency) in connection with the initial construction or installation, or
any subsequent collocations, modifications, or renewals of the existing wireless tower or
base station.
Requirements for All Plans
All plans shall:
1. Be signed and stamped by a CA licensed engineer in the responsible discipline.
2. Be 100% ready for construction.
3. Use City Standard title sheet, border and format.
https://www.ci.campbell.ca.us/206/Documents
4. Include: title sheet, site survey sheet, proposed plan view, detailed plan view, existing and
proposed elevations, and details of wireless notices, signage, equipment, enclosures,
concealment elements, foundations, wiring diagram, cabling diagram, splicing and fusing
diagram, a list of materials, and other information as necessary for specific locations.
5. Be formatted for 11" x17" sheet size, preferably in color, single sided, and collated, with all
text legible.
6. Be'drawn to appropriate engineering scale, and the scale shown on all relevant sheets and
details.
Z Include a title sheet which provides the following:
a. PG&E meter address;
b. Cellular System Identification Number, and latitude and longitude (WGS 84 datum);
c. Vicinity map of the general area (including 2 major streets) and the work location;
d. Contact's name, title, company, telephone, and email for persons responsible for
1) the design, 2) construction, and 3) the completed Facility.
8. Include sheet numbers on every sheet (e.g. Sheet 3 of 5).
9. Include a North arrow on all relevant sheets.
10. Provide existing site survey including property boundaries, easements, trees and
structures with all dimensions, bearing, distances, elevations, monuments or other
markers shown and called out.
11. Specify facility and mounting by size, type, model, manufacturer, corrosion protection
and matching finish.
12. Specify facility finish type, preparation and application.
13. Describe the design and specification of how all parts are mounted, attached, and
supported.
14. Provide clear dimensioning, which in plan view shall be from face of curb, and for
elevations shall be from finished grade, wherever possible.
15. Identify all existing improvements.
16. Indicate all future work that facilitates the proposed improvements, e.g. show future
trunk line construction for backhaul connections.
17. Include a legend identifying all new, retired and existing utilities.
18. Define all abbreviations.
19. Use terms and definition consistent with City standard specifications and details.
Define jargon and names not included in City Specifications:
https://www.ci.campbell.ca.us/210/Details.
20. Use consistent jargon and names.
21. Include delineation of City limits.
22. Include the applicant's Job number, City permit number (provided at the permit
application appointment), and license area (site address) on all plan sheets.
23. Label all streets.
24. Not to include disclaimers such as proprietary information.
25. Only include references that shall be previously published agency documents or
industry standards, e.g. California Electric Code, State General Orders, PG&E Green
book, etc. References shall cite a specific section, page, chapter, or detail.
26. Only include information that applies to the proposed location.
27. Only include detailed information once (on one sheet or detail) and shall not duplicate
any detailed information unless necessary.
28. Do not show work TBD, by others, or per manufacturer's instructions, except work
performed under a separate permit may be identified by permit number.
29. Include any antenna, radio enclosures, existing and proposed underground work in the
plan view, detailed plan view and details.
30. Include any existing and proposed elevations of pole showing all dimensions with
references to details of the proposed improvements.
31. Include any details of wireless notices, signage, equipment, enclosures, and
concealment elements which are referenced by installation location in the detailed
plan view and elevations.
32. Include any Wiring Diagram with elements representing radio enclosures, radios,
antennas, smart meter, ground rod, and power, bonding and grounding connections.
33. Include any Cabling Diagram with elements representing radio enclosures, radios,
antennas, and connections.
34. Show all work that provides for continuous operation of City electrical and
communication systems.
35. For conduit with conductors to be spliced, identify conduit size and type, and
conductor size, number, type, and purpose of conductors and cables, and those
conductors to be spliced.
36. For conduit with conductors to be added or removed, identify conduit size and type, all
wiring and cabling, and conductor and cable size, number, type, and purpose, (e.g. new
or existing, streetlighting, ground, traffic signal, circuit ID, etc.)
37. Include location of trench or bore path, with size and number of utilities to be installed,
measured from the nearest face of curb.
38. Include any connection, mounting, attachment, and supports between and for
conductors, cables, conduit, terminals, connectors, hardware, supports, and all parts,
including name, size, type, part number, corrosion and UV protection, insulation (if
any), and finish (if finish is exterior).
39. Include a clear design that eliminates or minimizes redundant circuits, grounds, and
systems.
40. Indicate any utilities under bus pads (utilities under bus pads may be allowed provided
there are no conflicts with laterals and a directional bore will be used at a depth of 36"
to 48").
41. For any new poles, show and report compliance with any applicable Americans with
Disabilities Act requirements including accessibility for adjacent public access areas.
Dimensions shall be shown for horizontal and vertical clearance showing this access.
42. Be prepared in a consistent and professional manner that eliminates or minimizes
redundant information. For re -submittals, comments written on plans must also be
addressed.
43. For existing facilities, provide proof that the facility is field verified using record
drawings, inference, and professional skill as necessary for the specific location.
Contact City staff for assistance.
For City -Owned Poles, in addition to the requirements above, plans shall also include/show:
1. City pole badge number and license area (site address) on all plan sheets.
2. Conductors spliced at base of pole in pull box.
a. Location and installation of new pull box, if there is no existing pull box.
b. For any Splicing and Fusing Diagram - connection to the streetlight circuit in
the pull box including line, load, and continuing wiring if present; fused splice
connectors with 10A fuses for both streetlight and wireless facility in the pull
box.
c. For any luminaires to be converted to LED - the luminaires including existing
type and wattage; and'proposed type, wattage and model number.
3. Label the communication wiring from the splice with the streetlight circuit to the RF
switch as the wireless company's equipment.
4. Consistent wattage of equipment on the data sheets, load and voltage drop calculation,
and plans.
5. Proof of the applicant securing their own communication/backhaul arrangements
independent of City facilities. A separate utility permit is required for such work.