The definitions provided in this section apply to this Chapter. Undefined terms, phrases or words will have the meanings assigned to them in 47 U.S.C. Section 153 or, if not defined therein, will have the meaning assigned to them in Fullerton Municipal Code. If any definition assigned in Section 15.53.020 conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
A. “accessory equipment” means equipment other than antennas used in connection with a wireless facility or other infrastructure deployment. The term includes “transmission equipment” as defined by the FCC in 47 C. F. R. Section 1.6100(b)(8), as may be amended or superseded.
B. “antenna” means the same as defined by the FCC in 47 C. F. R. Section 1.6002(b), as may be amended or superseded.
C. “batched application” means more than one application submitted at the same time.
D. “base station” means the power supplies, electronic equipment housed in cabinets and antennas at an existing wireless tower site that together comprise a wireless tower. Distributed Antenna System installed pursuant to a Certificate of Public Convenience and Necessity issued by the California Public Utilities Commission is not a base station for purposes of this definition.
E. “collocation” means the same as defined by the FCC in 47 C. F. R. Section 1.6002(g), as may be amended or superseded.
F. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5 or its duly appointed successor agency.
G. “decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.
H. “Director” means either the Public Works Director (or designee) or the Community and Economic Development Director (or designee).
I. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
J. “FCC Shot Clock” means the presumptively reasonable time frame, accounting for any tolling or extension, within which the City generally must act on a request for authorization in connection with a personal wireless service facility, as the FCC defines such time frame and as may be amended or superseded.
K. “local collector street” means a local collector street as shown on Exhibit 6, “Roadway Classifications” of the Fullerton Plan (General Plan).
L. “local street” means a roadway that is not a major, primary or secondary arterial highway or a local collector street.
M. “major arterial highway” means a major arterial highway as shown on Exhibit 6, “Roadway Classifications” of the Fullerton Plan (General Plan).
N. “ministerial permit” means any City-issued, non-discretionary permit required to commence or complete any construction or other activity subject to the City’s jurisdiction. Ministerial permits may include, without limitation, any construction permit, electrical permit, encroachment permit, traffic control permit and/or any similar over-the-counter approval issued by the City’s departments.
O. “personal wireless services” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded.
P. “personal wireless service facilities” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded.
Q. “primary arterial highway” means a primary arterial highway as shown on Exhibit 6, “Roadway Classifications” of the Fullerton Plan (General Plan).
R. “RF” means radio frequency or electromagnetic waves.
S. “secondary arterial highway” means a secondary arterial highway as shown on Exhibit 6, “Roadway Classifications” of the Fullerton Plan (General Plan).
T. “shot clock days” means calendar days counted toward the presumptively reasonable time under the applicable FCC Shot Clock. The term “shot clock days” does not include any calendar days on which the FCC Shot Clock is tolled. As an illustration and not a limitation, if an applicant applies on February 1, receives a valid incomplete notice on February 5 and then resubmits on February 20, only four “shot clock days” have elapsed because the time between the incomplete notice and resubmittal are not counted. In the event that the FCC Shot Clock is revised, shot clock days shall be calculated consistent with applicable law, as revised.
U. “small wireless facility” means the same as defined by the FCC in 47 C.F.R. Section 1.6002(I), as it may be amended or superseded.
V. “substantially change the physical dimensions” has the same meaning as determined by the FCC as interpreted by applicable courts and, unless otherwise preempted by law, includes (but is not limited to) any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval that individually or cumulatively have any of the effects described below:
1. Changing any physical dimension of the wireless tower or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless tower or in any other manner.
2. Changing the physical dimension of a wireless tower where the changes would be inconsistent with the design of the wireless tower or make the wireless towers more visible.
3. Changing the physical dimensions would require work that would intrude upon the public right-of-way or any environmentally sensitive area.
4. Increasing by more than ten percent any of the following: the height or width in any direction of the wireless tower or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the city's regulations.
5. Increasing by more than ten percent any of: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes.
6. Increasing any of an existing antenna array’s depth, circumference or horizontal radius from the wireless tower in any direction by more than ten percent.
7. Adding more than two antenna arrays to an existing wireless tower or adding antenna arrays that, if the array were an existing array, would be of such depth, circumference or radius as to fall outside of subsection (f) of this section unless such arrays were approved pursuant to Government Code Section 65850.6.
8. The mounting of the new or replacement transmission equipment would involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or would require installation of a new cabinet or enclosure, excluding new equipment and cabinets that will be installed underground.
W. “support structure” means a “structure” as defined by the FCC in 47 C.F.R. Section 1.6002(m), as may be amended or superseded.
X. “technically infeasible” means a circumstance in which compliance with a specific requirement within this Code is physically impossible and not merely more difficult or expensive than a noncompliant alternative.
Y. “underground district” means any area in the City within which overhead wires, cables, cabinets and associated overhead equipment, appurtenances and other improvements are either (1) prohibited by ordinance, resolution or other applicable law, (2) scheduled for relocation underground within 18 months from the time an application is submitted or (3) primarily located underground at the time an application is submitted.
Z. “wireless telecommunications facility” shall have the same meaning as that set forth in California Government Code, 65850.6(d)(2) as may be amended from time to time.
AA. “wireless tower” means any structure built for the sole purpose or primary purpose of supporting antennas and their associated facilities used to provide services licensed by the FCC. A Distributed Antenna System installed pursuant to a Certificate of Public Convenience and Necessity issued by the California Public Utilities Commission, a water tower, utility tower, street light or other structure built primarily for a purpose other than supporting services licensed by the FCC, including any structure installed pursuant to California Public Utility Code section 7901 is not a wireless tower for purposes of this definition.
(Ord. 3315 § 2 (Part), 2022)