Loading...
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.