(A) Wireless facilities and wireless transmission devices. No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the City of Alhambra without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in division (C) of this section.
(B) Collocation–General. No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation is allowed as approved in division (C) of this section.
(C) Administrative collocation. If, following the submission of a completed application form and all required materials, the Community Development Director determines that a proposed collocation qualifies as an “administrative collocation” as defined herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an administrative collocation permit. The foregoing notwithstanding, an administrative collocation approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates and administrative collocation shall not defeat the existing concealment elements of the facility to which it relates or otherwise violate or be inconsistent with the conditions associated with the prior approval of the facility to which it relates (unless the inconsistency does not exceed the “substantial change” thresholds identified in Federal Communications Commission regulations or orders). Also, the life of an administrative collocation approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed.
(D) Modifications to existing facilities. A modification that does not defeat the existing concealment elements of the wireless facility or otherwise violate or be inconsistent with the conditions associated with the prior approval of the facility (unless the inconsistency does not exceed the ‘substantial change” thresholds identified in Federal Communications Commission regulations or orders) shall be processed in the same manner as an “administrative colocation” application, as described in division (C) of this section. Such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an administrative permit.
(E) Coordinated Antenna Plans.
(1) Requirements. Any wireless service provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for wireless facilities, subject to the following requirements:
(a) The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna.
(b) The CAP shall identify potential future locations by lot and parcel number.
(c) Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Article 3 of this Title.
(d) Following Planning Commission approval of a CAP, each wireless facility that complies with the specifications of the CAP may be approved subject to an administrative collocation permit in accordance with the requirements set forth in this section. Except for the type of permit, nothing in this section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this section, and the Community Development Director may deny an administrative collocation permit, or place conditions upon its approval, notwithstanding prior approval of a CAP.
(e) Any conditions placed on the approval of an administrative collocation permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP.
(f) The CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire 12 months following its approval by the Planning Commission regardless of whether any administrative collocation permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to six additional months; no CAP shall continue longer than 18 months.
(2) Findings. The Planning Commission shall approve a CAP based upon the following findings:
(a) The intent and purpose of this section, and all its regulations and requirements will be preserved.
(b) Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP.
(c) Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Code, subject to subsequent approval of an administrative collocation permit.
(Ord. 4674, passed 7-13-15
; Am. Ord. 4735, passed 5-14-18)