In order to ensure compatibility with surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of residential neighborhoods and promote attractive nonresidential areas, in addition to all other applicable requirements of this code, all WTFs in the PROW shall be located, developed, and operated in compliance with the following standards set forth in this section, unless the Director approves an exception subject to the findings required by § 12.52.100, Exceptions.
(A) General requirements. All facilities that are located within the PROW shall be designed and maintained as to minimize visual clutter, and reduce noise and other impacts on and conflicts with the surrounding community in accordance with this chapter.
(B) Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety, and shall comply with the most recent edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and any other traffic control rules, regulations or ordinances of the city.
(C) Space occupied. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
(D) Location.
(1) The preferred location for a WTF shall be on existing infrastructure such as utility poles or street lights (without traffic signals). The infrastructure selected shall be located at alleys, streets and/or near property line prolongations. If the facility is not able to be placed on existing infrastructure in accordance with this division, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not technically feasible, in addition to all other application requirements of this chapter.
(2) All WTFs proposed to be located in the PROW next to property on which is located single-family or multi-family dwelling units, shall comply with the following restrictions:
(a) PROW Along Side Yard Setback or Alley: If a WTF is proposed to be located in the PROW adjacent to a side yard setback or alley on a property on which single-family or multi-family development is located, the WTF shall not be located within ten feet of the living area of any residential dwelling unit.
(b) PROW Along Front Yard Setback: If a WTF is proposed to be located in the PROW adjacent to the front yard setback of a property on which single-family or multi-family development is located, the WTF shall not be located within 25 feet of the living area of any residential dwelling unit.
(c) The location of generators on major wireless facilities shall be governed by Sections 12.52.060 and 12.52.230(B)(3). Procedures and requirements for a backup power supply on major wireless facilities that qualifies as transmission equipment as part of an eligible facility request shall be governed by procedures and requirements for eligible facilities unless the proposal constitutes a substantial change.
(3) As used herein in division (D)(2), the term LIVING AREA means the interior habitable area of a dwelling unit, accessory dwelling unit or guest house but does not include a garage or any accessory structure not used for living area.
(4) The distance between a proposed WTF and the residential dwelling unit shall be measured from the property line (of the lot on which the dwelling unit is located nearest to the proposed WTF) to nearest wall of the residential dwelling unit.
(5) No WTF shall be located within the PROW or any poles, infrastructure, or other structures of any kind in the PROW, in any of the following locations or sites:
(a) On any decorative lighting or pole surrounded by or adjacent to the Historic Commercial Downtown zone; or
(b) In the PROW that abuts the property line of a structure recognized as a local, state or national historic landmark, historic district or on the register of historic places.
(6) Each component part of a WTF shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of the PROW, or safety hazards to pedestrians and motorists, or interference with any path of travel or other disability access requirements imposed under federal or state law.
(7) A WTF shall not be located within any portion of the PROW in a manner that interferes with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health and safety facility.
(8) Any WTF mounted to a communications tower, above-ground accessory equipment, or walls, fences, landscaping or other screening methods in the PROW shall have and maintain a minimum setback of 18 inches from the front of a curb.
(9) To conceal the non-antenna equipment, applicants shall install all non-antenna equipment (including but not limited to all cables) underground to the extent technically feasible based on technical specifications or features provided by the manufacturer. If such non-antenna equipment is proposed within an underground utility district formed pursuant to Chapter 13.16 of Title 13 of this code, and the type of non-antenna equipment has been exempted by the City Council from undergrounding pursuant to §§ 13.16.080 or 13.16.090 or any other provision of the code, the non-antenna equipment shall comply with the requirements of this section if the Director finds that such undergrounding is technically feasible and undergrounding is required for building, traffic, emergency, disability access, or other safety requirements. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of wireless communications services.
(E) Concealment or stealth elements. Stealth or concealment elements may include but are not limited to:
(1) Radio frequency transparent screening;
(2) Approved, specific colors;
(3) Integrating the installation into existing utility infrastructure;
(4) Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site.
(5) Controlling the installation location pursuant to division (D) of this section.
(F) Collocation. The applicant and owner of any site on which a WTF is located shall cooperate and exercise good faith in collocating facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation, and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
(1) All WTFs shall make available unused space for collocation of other facilities, including space for these entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Director may require the applicant to obtain a third-party technical study at applicant’s expense. The Director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
(2) All collocated and multiple-user facilities shall be designed to promote facility and site sharing. Communication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
(3) No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing WTFs or failure of the existing facilities to meet federal standards for emissions.
(4) Failure to comply with collocation requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.
(G) Radio frequency standards; noise.
(1) WTFs shall comply with federal standards for radio frequency (RF) emissions and interference. No facility or combination of facilities shall at any time produce power densities that exceed the FCC’s limits for electric and magnetic field strength and power density for transmitters or operate in a manner that will degrade or interfere with existing communications systems as stipulated by federal law. Failure to meet federal standards may result in termination or modification of the permit.
(2) WTFs and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during emergencies, power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
(H) Additional standards. Consistent with federal and state laws and regulations, the City Council may further establish design and development standards pursuant to rules and guidelines, including but not limited to, relating to antennas, new, existing and replacement poles, wind loads, obstructions, supporting structures, screening, accessory equipment, landscaping, signage, lighting, security and fire prevention.
(I) Modification. To the extent authorized by state and federal laws and regulations, at the time of modification of a WTF, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. If the proposed modification is submitted as part of an eligible facility request, then the provisions governing eligible facilities apply, unless the proposal constitutes a substantial change.
(Ord. 2021-09 § 5 (part), 2021)