(A) Purpose. This section sets forth the application submittal requirements for all permits required by this chapter. These requirements may be augmented by rules and guidelines adopted by resolution of the City Council. The Director also may augment the provisions of this section and any rules and guidelines to further implement these provisions by the adoption of written rules that are posted on the city’s website. The purpose of this section is, in part, to ensure that this chapter is implemented to the full extent permitted by the Telecommunications Act of 1996, Section 6409(a), the Declaratory Ruling and Third Report and Order adopted by the FCC entitled In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 83 FR 51867-01 (published in the Federal Register on October 15, 2018) [hereinafter “Report and Order”], the final rule adopted by the FCC entitled Accelerating Wireless and Wireline Deployment by Streamlining Local Approval of Wireless Infrastructure Modifications, 85 FR 78005-01 (published in the Federal Register on December 3, 2020); Cal. Gov’t Code §§ 65850.6 and 65850.75, and all applicable federal regulations, FCC rulings and orders, and state laws, regulations and orders applicable to the installation, modification and/or collocation of wireless telecommunications facilities.
(B) Complete application required. The applicant shall submit a WTFP application in writing to the Community Development Department on a city-approved form as prescribed by the Director, and shall submit all information, materials and documentation required by this section and as otherwise determined to be necessary by the Director to effectuate the purpose and intent of this chapter. The Director may waive certain submittal requirements or require additional information based on specific project factors. Unless an exemption or waiver applies, all applications shall include all of the forms, information, materials and documentation required by the city. An application shall not be deemed complete by the city unless the completed city application form and all required information, materials and documentation have been submitted to the city. An application which does not include all required forms, information, materials and documentation required by this section shall be deemed incomplete, and a notice of incomplete application shall be provided to the applicant in accordance with § 12.52.050(G).
(C) Application fees. Concurrent with submittal of the application, the applicant shall pay an application fee and processing fee, a deposit for an independent expert review as set forth in this section, and a deposit for review by the City Attorney’s office, in a payment format accepted by the Administrative Services Department and in amounts set by resolution of the City Council. The amounts of such fees shall be competitively neutral and nondiscriminatory. Application fees shall not exceed any maximum fees set by federal or state law except to the extent that such fees are (a) a reasonable approximation of costs, (b) those costs themselves are reasonable, and (c) are nondiscriminatory. Failure to pay the fees in full at the time of application submittal shall result in the city deeming the application incomplete. Batch applications for small wireless facilities must include the applicable fees and deposits for each SWF in the batch as established by resolution of the City Council.
(D) Voluntary pre-submittal conference. The city strongly encourages, but does not require, applicants to schedule and attend a pre-submittal conference with the Director for all proposed wireless telecommunications facilities in the PROW, including all new or replacement SWFs, and all proposed collocations or modifications to any existing SWF. This voluntary pre-submittal conference is not part of the application process, and does not cause the shot clock to begin. The pre-submittal conference is intended to streamline the review process through informal discussion and consultation that includes but is not limited to, the proposed classification, review procedure, location, design and application materials, permit requirements and review process for a potential facility, any latent issues in connection with a potential project, including compliance with generally applicable rules for public health and safety, potential concealment issues or concerns (if applicable, coordination with other city departments responsible for application review, and application completion issues.
(E) Independent expert. The Director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a WTFP to review the technical aspects of the application, including but not limited to: the accuracy, adequacy, and completeness of submissions; compliance with applicable radio frequency emission standards; whether any requested exception is necessary; technical demonstration of the facility designs, configurations, technical feasibility; coverage analysis; proposal of alternative sites and alternative designs, compliance with standards; the validity of conclusions reached or claims made by the applicant; and other factors deemed appropriate by the Director to effectuate the purposes of this section. The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. All costs shall be reasonable and consistent with industry standards.
(F) Shot clocks; timeline for review and action. The timeline for review of and action on a WTFP application shall begin to run when the application is submitted in writing to the Department but may be reset or tolled by mutual agreement or upon the city’s issuance of a notice of incomplete application to the applicant pursuant to division (G) of this section. Applications shall be processed in conformance with the time periods and procedures established by applicable state and federal law, and FCC regulations and orders. The following provisions shall apply:
(1) Small wireless facilities.
(a) Sixty days. For an application to collocate a small wireless facility using an existing structure, the city will act upon the application within 60 days from the Department’s receipt of the written application packet, unless the time period is re-set or tolled by mutual agreement or pursuant to § 12.52.050(G).
(b) Ninety days. For an application to deploy a small wireless facility using a new structure, the city will act upon the application within 90 days from the Department’s receipt of the written application packet, unless the time period is re-set or tolled by mutual written agreement or pursuant to § 12.52.050(G).
(c) Batching. An applicant may submit a single application for authorization of multiple deployments of SWFs pursuant to this section. An application containing multiple deployments shall comply with the following timing requirements:
1. The deadline for the city to act upon the application shall be that for a single deployment within that category of facility,
2. Ninety days: If a single application seeks authorization for multiple deployments of small wireless facilities, the components of which are a mix of deployments that fall within § 12.52.050(F)(1)(a) and deployments that fall within § 12.52.050(F)(1)(b), then the city shall act upon the application as a whole within 90 days, unless tolled or reset by mutual written agreement or pursuant to § 12.52.050(G)(1)(a) or (b).
(2) Eligible facilities request.
(a) Sixty days. Within 60 days of the date on which an applicant submits a written request seeking approval of an eligible facilities request under this section, the Director or the Director’s designee will approve the application unless the Director or designee determines that the application is not covered by this section or the 60-day deadline is tolled pursuant to mutual agreement or § 12.52.050(G)(2)(a) or (b).
(3) Major wireless communications facilities.
(a) Ninety days. For an application for a MWF using an existing structure, the Director or designee will act upon the application within 90 days from the Department’s receipt of the written application packet, unless the time period is re-set or tolled by mutual agreement or pursuant to § 12.52.050(G)(3)(a) or (b).
(b) One hundred fifty days. For an application for a MWF using a new structure, the Director or designee will act upon the application within 150 days from the Department’s receipt of the written application packet, unless the time period is re-set or tolled by mutual written agreement or pursuant to § 12.52.050(G)(3)(a) or (b).
(c) Batching. Batch applications for installation, collocation or deployment of multiple MWFs at multiple locations, or multiple applications for separate MWFs at multiple locations submitted at once, are prohibited.
(4) Determination of shot clock date.
(a) The shot clock date for a WTFP application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of days of the applicable shot clock period identified pursuant to § 12.52.050(F) or § 12.52.050(G); provided, that if the date calculated in this manner is a holiday, the shot clock date is the next business day after such holiday.
(b) For purposes of this division (F)(4), the term HOLIDAY means any of the following: Saturday, Sunday, any holiday recognized by the city; and any other day recognized as a holiday by the FCC pursuant to any applicable federal regulations, orders or rulings of the FCC for the subject SWFP.
(c) For purposes of this division (F)(4), the term BUSINESS DAY means any day that is not a holiday, as defined in division (F)(4)(b).
(G) Resetting or tolling of shot clock; incomplete application notices. Unless a written agreement between the city and the applicant provides otherwise, in the event that Department staff determines that a permit application is incomplete because it does not contain all the information, materials and/or other documentation required by this section, Department staff may issue a notice of incomplete application to the applicant, and the shot clocks set forth above shall be re-set or tolled as set forth in this division.
(1) Small wireless facilities.
(a) First incomplete notice — Resetting of shot clock. Department staff shall determine whether an application for a SWF is complete or incomplete within ten days of the city’s receipt of the initial application and shall notify the applicant in writing if the application is materially incomplete. The notice of incomplete application shall identify the specific missing information, materials and/or documents, and the ordinance, rule, statute or regulation creating the obligation to submit such information, materials and/or documents. The applicable shot clock date calculation set forth in § 12.52.050(F)(1)(a) or (b) shall re-start at zero on the date that the applicant submits all the information, materials and documents identified in the notice of incomplete application to render the application complete.
(b) Subsequent incomplete notices. For resubmitted applications following the initial notice of incomplete application under § 12.52.050(G)(1)(a), Department staff will notify the applicant within ten days of the city’s receipt of the resubmitted application regardless of whether the supplemental submission is complete or incomplete, If the supplemental submission was incomplete, the notice shall specifically identify the missing information, materials, and/or documents that must be submitted based on the Department’s initial incomplete notice. In the case of any such subsequent notices of incomplete application, the applicable timeframe for review set forth in § 12.52.050(F)(1)(a) or (b) shall be tolled from the day after the date the city issues the second or subsequent notice of incomplete application to the applicant until the applicant submits all the information, materials and documents identified by the city to render the application complete.
(c) One submittal. The applicant’s response and submission of supplemental materials and information in response to a notice of incomplete application must be given to the city in one submittal packet.
(2) Eligible facilities request (EFP).
(a) First incomplete notice — Tolling of shot clock. Within 30 days of the city’s receipt of the initial application for an EFP, Department staff shall provide written notice to the applicant that the application is complete or incomplete. If the application is incomplete, the notice shall clearly and specifically delineate all missing information and documents. The 30-day shot clock date shall be tolled until the applicant makes a supplemental submission in response to the city’s notice of incompleteness.
(b) Subsequent incomplete notices. Within 10 days of each supplemental submission, the city shall deem the application complete or incomplete. If the supplemental submission is incomplete, the notice shall clearly and specifically delineate all missing information and documents from the supplemental submission based on the information or documents identified in the first notice delineating missing information or documentation. The ten-day timeframe is tolled in the case of second or subsequent notices pursuant to this procedure. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(3) Major wireless facilities permit (MWFP).
(a) First incomplete notice — Resetting of shot clock. Department staff shall determine whether an application for a MWFP is complete or incomplete within 30 days of the city’s receipt of the initial application and shall notify the applicant in writing if the application is materially incomplete. The notice of incomplete application shall identify the specific missing information, materials and/or documents, and the ordinance, rule, statute or regulation creating the obligation to submit such information, materials and/or documents. The applicable shot clock date calculation set forth in § 12.52.050(F)(3)(a) or (b) shall be tolled from the date after the date the city issues the notice of incomplete application until the applicant submits all the information, materials and documents identified in the notice of incomplete application to render the application complete.
(b) Subsequent incomplete notices — Tolling of shot clock. For resubmitted applications following the initial notice of incomplete application under § 12.52.050(G)(3)(a), Department staff will notify the applicant within ten days of the city’s receipt of the resubmitted application whether the supplemental submission is complete or incomplete, If the supplemental submission was incomplete, the notice shall specifically identify the missing information, materials, and/or documents that must be submitted based on the Department’s initial incomplete notice. In the case of any such subsequent notices of incomplete application, the applicable timeframe for review set forth in § 12.52.050(F)(3)(a) or (b) shall be tolled from the day after the date the city issues the second or subsequent notice of incomplete application to the applicant until the applicant submits all the information, materials and documents identified by the city to render the application complete.
(4) One submittal. The applicant’s response and submission of supplemental materials and information in response to any notice of incomplete application issued pursuant to divisions (G)(1), (2) or (3) must be given to the city in one submittal packet.
(H) Withdrawal; extensions of time. To promote efficient review and timely decisions, any application deemed incomplete must be resubmitted within 180 days after issuance of any notification of incompleteness, or the application shall be deemed automatically withdrawn. Following the applicant’s request, the Director may in his or her discretion grant a one-time extension in processing time to resubmit, not to exceed 150 days. If the application is deemed automatically withdrawn (and any applicable extension period, if granted, has expired), a new application (including, fees, plans, exhibits, and other materials) shall be required in order to commence processing of the project. No refunds will be provided for withdrawn applications.
(I) Application content — General requirements. The Director shall develop permit application forms as the Director deems appropriate based on the requirements of this chapter and the rules and guidelines, and make the forms available to applicants upon request. An application for the approval of the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility shall be provided by the applicant to the Director in writing made in writing on the city-approved form, and shall include the following information, in addition to all other information and documentation determined necessary by the Director as well as all other information and documentation required by the city as part of an complete application for the required permit. The requirements of this section may be supplemented by rules and guidelines adopted from time to time by the City Council or Director-implemented supplemental rules, regulations and procedures that are posted on the city’s website. The applicant shall also submit any other application for a ministerial permit required by this code (such as an encroachment permit, excavation permit or building permit) concurrent with the WTFP application.
(1) Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.
(2) A full written description of the proposed facility, its purpose and specifications; and the type of facility, including without limitation all information and documentation demonstrating that the proposed facility qualifies for the type of permit applied for.
(a) An application for a small wireless facility permit (SWFP) shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a small wireless facility as defined and in accordance with the requirements of federal or state law.
(b) An application for an eligible facility permit (EFP) shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as an eligible facilities request as defined and in accordance with the requirements of Section 6409(a) and related federal regulations.
(c) An application for a wireless telecommunications collocation facility permit (WTCFP) shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a major wireless telecommunications facility as defined and in accordance with the requirements of Cal. Gov’t Code § 65850.6.
(3) A detailed site and engineering plan of the proposed WTF containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by this chapter and the Director.
(4) A noise study in a form satisfactory to the Director, which demonstrates the proposed facility and any related equipment will comply with the noise requirements of this chapter and any rules and guidelines adopted and published by the city. The noise study shall be prepared and certified by an engineer licensed by the State of California for the proposed wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the city’s noise regulations. The acoustic analysis must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits.
(5) Photographs of facility equipment and an accurate visual impact analysis with photo simulations.
(6) Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals for the facility required by the Federal Communications Commission.
(7) Proof of applicable licenses or other approvals for the facility required by the any other federal, state or local agency, such as the Federal Aviation Administration.
(8) A site justification analysis explaining the reasons for the proposed location for the subject installation.
(9) If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the city to evaluate that claim.
(10) Procedures to ensure that the facility will be maintained in substantial compliance with this chapter.
(11) For any facility proposed to be collocated on an existing or replacement pole owned by Southern California Edison (SCE), the applicant shall provide all authorization forms, studies, consent letters, and disconnect letters and other documentation required by SCE.
(12) For any facility proposed to be located on a utility pole subject to the PUC’s pole attachment rules, all joint pole authorization forms demonstrating compliance with the applicable pole attachment requirements and approvals by the utility owning the pole.
(13) An application and processing fee, a deposit for independent consultant review, and a deposit for review by the city attorney’s office, in amounts set by resolution by the City Council.
(14) Any other studies or information required by the rules and guidelines, which are determined necessary by the Director.
(J) Leases, licenses and agreements for city infrastructure or property in the PROW. In addition to all other requirements of this chapter, the city may require the execution of a written agreement establishing the particular terms and provisions under which the applicant may install, modify, collocate or otherwise deploy a WTF on any city-owned infrastructure or other city property within the PROW. The city may, but shall not be required to, allow multiple WTFs in one lease or other agreement.
(1) The agreement may include, but not be limited to, the following:
(a) Term.
(b) Rents, fees and costs.
(c). Inspection and maintenance requirements.
(d) Indemnification of the city.
(e) Insurance requirements.
(f) Waiver of monetary damages against the city.
(g) Removal, restoration and clean-up requirements.
(h) Requirement to pay possessory interest taxes, if any.
(i) Such other provisions, terms and conditions deemed necessary and appropriate by the city based on the application, and consistent with federal and state law.
(2) The agreement shall be in addition to, and not a substitute, for any permit required by any provision of this chapter or code. An individual WTFP shall be required for each proposed facility that is proposed to be covered by one agreement between the city and the applicant. The agreement shall be fully executed by the city and applicant prior to the applicant’s submittal of any permit application under this chapter or any other provision of this code. In addition, all ministerial permits shall be obtained as a condition of the installation, construction or other deployment of any proposed WTF within the PROW.
(Ord. 2021-09 § 5 (part), 2021)