(A) Permits required. No new wireless telecommunications facility shall be constructed, installed, modified, replaced or otherwise deployed in the PROW except upon approval of a SWFP, WTCFP, EFP, MWP, or minor encroachment permit, in accordance with the requirements of this chapter, and all related ministerial permits.
(B) Conflicting provisions. An application for a WTFP shall be processed in compliance with this chapter, and any supplemental rules, regulations, procedures and forms adopted by the Director. Ministerial permits shall meet all requirements of this chapter and all other applicable provisions of this code, the rules and guidelines, and any additional Director-adopted rules, regulations, policies and forms. In the event of any conflict between the provisions of this chapter and any other provision of this code, the provisions of this chapter shall govern and control.
(C) Permit type.
(1) Table 12.52.040 identifies the type of permit required for each wireless facility, and the approval authority.
TABLE 12.52.040 Public Rights-of-Way Wireless Telecommunications Facilities Required Permit Matrix | ||
TYPE OF FACILITY | TYPE OF PERMIT | APPROVAL AUTHORITY |
TABLE 12.52.040 Public Rights-of-Way Wireless Telecommunications Facilities Required Permit Matrix | ||
TYPE OF FACILITY | TYPE OF PERMIT | APPROVAL AUTHORITY |
Small wireless facility1 | Small wireless facility permit (SWFP)3 | Community Development Director or designee; Public Works Director or designee |
Eligible facility request1 | Eligible facility permit (EFP)3 | Community Development Director or designee; Public Works Director or designee |
Major wireless facility (or MWF)1 | Major wireless facility permit (MWFP)3 | Community Development Director or designee; Public Works Director or designee |
Wireless telecommunications collocation facility (or WTCF)1 | Wireless telecommunications collocation facility permit (WTCFP)3 | Community Development Director or designee; Public Works Director or designee |
Maintenance, repairs and minor modifications for small wireless facility, eligible facility or major wireless facility | Maintenance encroachment permit3 | Community Development Director or designee; Public Works Director or designee |
Power generator on small wireless facility or eligible facility request | SWFP, EFP, or WTCFP3 | Community Development Director or designee; Public Works Director or designee; and/or Building Official or designee |
Emergency standby generator on macro-cell tower site (Cal. Gov’t Code § 65850.75)2 | Encroachment permit, excavation permit and/or building permit4 | Community Development Director or designee; Public Works Director or designee; and/or Building Official or designee |
Other power generators on major wireless facility sites | Major wireless facility permit5; and encroachment permit, excavation permit and/or building permit4 | Community Development Director or designee; Public Works Director or designee; and/or Building Official or designee |
Encroachment, or excavation and/or construction | Encroachment permit, excavation permit, and/or building permit4 | Community Development Director or designee; Public Works Director or designee; and/or Building Official or designee |
(2) Legend and explanations. The following legend and explanations apply to the above chart.
Legend
| |
1 | For definition of each type of wireless telecommunications facility, see § 12.52.020. |
2 | For definitions of emergency standby generator and macro-cell tower site, see § 12.52.020. |
3 | For definitions of permits, see § 12.52.020. |
4 | For encroachment permits, see Chapter 12.48; for excavation permits, see Chapter 12.08; and for building permits, see Title 15 and city-adopted State Building, Fire and Mechanical Codes including but not limited to Chapter 15.04, 15.08, 15.20, 15.28, and 15.36. |
5 | An application for a backup power supply that qualifies as transmission equipment for an eligible facility shall be governed by the procedures and requirements for eligible facilities requests and a major wireless permit will not be required unless the proposal constitutes a substantial change. |
(D) Small wireless facility permit (SWFP) in PROW.
(1) An SWFP, subject to the city’s determination of compliance with the applicable requirements of this chapter may be issued by the Director or his or her designee within the PROW under any of the following circumstances:
(a) The application is for installation of a new SWF within the PROW, or the replacement of, or collocations on or modifications to an existing small wireless facility, within the PROW, that meets all of the following criteria:
1. The proposal complies with all applicable provisions in this section without need for an exception pursuant to § 12.52.100; and
(b) The application is for a subsequent collocation to be located on an existing legally established small wireless telecommunications collocation facility within the PROW that meets all of the requirements for eligibility as a wireless telecommunications facility as defined in Cal. Gov’t Code § 65850.6, including compliance with all of the following conditions determined by the Director:
1. The existing collocation facility complies with the requirements of Cal. Gov’t Code § 65850.6(b), for wireless telecommunication collocation facilities or its successor provision, for addition of a collocation facility to a wireless telecommunication collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this section and the conditions of approval in the wireless telecommunications collocation facility permit;
2. The collocated facility does not increase the height or location of the existing permitted tower/structure, or otherwise change the bulk, size, or other physical attributes of the existing permitted small wireless facility; and
3. Before collocation, the applicant seeking collocation shall obtain all other applicable non-discretionary permit(s), as required pursuant to this code.
5. All requirements, regulations, standards and conditions set forth in this chapter for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility.
(c) The application for a SWFP shall meet the requirements of §§ 12.52.050 and 12.52.060. No public notice or public hearing shall be required. The Director shall review the application, pertinent information and documentation in accordance with § 12.52.080. An application for a SWFP shall be approved if the Director makes all of the findings required by § 12.52.090 of this chapter. The Director’s decision shall be issued in writing in accordance with the procedures and conditions set forth in §§ 12.52.080 and 12.52.100. The Director may impose additional conditions on the permit relating to time, place and manner pursuant to § 12.52.070.
(E) Eligible facilities in PROW. Unless specifically exempt by federal or state law, any application for the installation or modification of a WTF within or on the PROW that constitutes an “eligible facilities request” within the meaning of Section 6409(a) shall require the approval of an eligible facility permit (EFP) by the Director in accordance with the requirements of this chapter and the city’s rules and guidelines prior to deployment of the eligible facility.
(F) Major wireless facilities (MWFs) in the PROW. Unless specifically exempt by federal or state law, any application for the installation or modification of a MWF shall require the approval of a major wireless facility permit (MWFP) by the Director in accordance with the requirements of this chapter and the rules and guidelines prior to deployment of the facility.
(G) Wireless telecommunications collocation facilities. Except as otherwise provided by state or federal law, all requirements, regulations, standards and conditions set forth in this chapter for a category of wireless telecommunications facility shall apply to a wireless telecommunications collocation facility proposed to be collocated on that facility.
(H) Maintenance encroachment permit. Minor modifications to an existing WTF, including replacement with the in-kind, number, size or with smaller or less visible equipment, that (a) meet the standards set forth in this section, (b) will have little or no change in the visual appearance of the SWF, and (c) do not increase the RF output of the WTF, are considered to be routine maintenance and repairs, and may be approved by a maintenance encroachment permit, subject to compliance with all other requirements of this chapter. Maintenance and repairs include, but are not limited to, those minor modifications that result from an emergency. The upgrade or any other replacement of existing facilities and all new antennas, structures, and other facilities, including but not limited to, those resulting from an emergency, shall comply with the SWFP, WTCF, EFP, or MWF requirements of this chapter.
(I) Other permits required. In addition to any permit that may be required under this section, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter shall also be subject to the conditions and/or requirements of all such other required city, state or federal prior permits or other approvals.
(J) Eligible applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or federal law, or who have entered into a franchise or license agreement with the city permitting them to use the PROW, shall be eligible to construct, install, modify or otherwise deploy a WTF in the PROW.
(K) Speculative equipment or facilities prohibited. The city finds that the practice of “pre-approving” wireless communications equipment or other improvements that the applicant does not presently intend to install but may wish to install at some undetermined future time does not serve the public’s best interest. The city shall not approve any equipment or other improvements in connection with a WTFP when the applicant does not actually and presently intend to install such equipment or construct such improvements.
(L) Prohibited facilities. Any WTFP that does not comply with the most current regulatory and operational standards and regulations (including, but not limited to RF emission standards) adopted by the FCC is prohibited.
(M) Power generators (backup power sources). In addition to all other requirements of this chapter, the following provisions shall apply to power generators proposed to be installed in connection with any wireless telecommunications facility in the PROW.
(1) Small wireless facilities and eligible facilities requests.
(a) An exception approved by the Director pursuant to § 12.52.100 shall be required for any application to install a power generator in conjunction with deployment of any small wireless facility within the PROW.
(b) An application that includes a backup power supply that qualifies as transmission equipment of an eligible facility shall be governed by procedures and requirements for eligible facilities requests unless the proposal constitutes a substantial change.
(c) Fossil fuel generators or other similar noise or odor producing generators. In addition to all other findings required for an exception, the Director shall not approve any fossil fuel-powered backup power sources or generators other similar noise or odor producing generators for a small wireless facility or backup power supply that constitutes a substantial change within the meaning of an eligible facility request unless the applicant demonstrates that it cannot feasibly achieve its power needs with batteries, natural gas powered generators, fuel cells, solar or other similarly non-polluting, low noise-level means due to commercial impracticability, actual unavailability, and inability of alternative means to feasibly achieve the power needs of the facility.
(d) All related ministerial permits and compliance with applicable Construction Codes and other health and safety standards shall be required for any application for deployment of a new generator or replacement or modification of an existing generator, as determined to be necessary by the Director.
(2) Major wireless facilities.
(a) Emergency standby generator on macro-cell tower sites. Any proposed emergency standby generator on a macro-cell tower site subject to Cal. Gov’t Code § 65850.75 shall comply with the requirements of § 12.52.220 of this chapter; and all other related ministerial permits shall be required for any application for deployment of a new generator or replacement or modification of an existing generator, as determined to be necessary by the Director pursuant to applicable Construction Codes and health and safety requirements.
(b) Power generators on other major facility sites (non-Government Code § 65850.75). Any proposed power generator on any major facility site that is not subject to Cal. Gov’t Code § 65850.75 shall comply with § 12.52.230 of this chapter; and an exception shall also be required pursuant to § 12.52.100. All related ministerial permits shall also be required, as determined to be necessary by the Director based on the type, size and characteristics of the proposed power generator. An application that includes a backup power supply that qualifies as transmission equipment of an eligible facility shall be governed by procedures and requirements for eligible facilities request unless the proposal constitutes a substantial change.
(Ord. 2021-09 § 5 (part), 2021)