For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY EQUIPMENT. Any equipment associated with the installation of a wireless telecommunications facility, including but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
ADMINISTRATIVE REVIEW. The ministerial review of an application by the city relating to the review and issuance of a wireless telecommunications facility permit to determine whether the issuance of the permit is in conformity with the applicable provisions of this Chapter 17.46.
ANTENNA. Means the same as set forth in 47 C.F.R. § 1.6002(b), or any successor regulation, which provides that consistent with Section 1.1320(d), an ANTENNA means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term ANTENNA does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Chapter 1, Subchapter A, Part 15.
ANTENNA EQUIPMENT. Means the same as set forth in 47 C.F.R. § 1.6002(c), or any successor regulation, which provides that consistent with Section 1.1320(d), or any successor regulation, which provides that ANTENNA EQUIPMENT means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
ANTENNA FACILITY. Means the same as set forth in 47 C.F.R. § 1.6002(d), or any successor regulation, which provides that an ANTENNA FACILITY means an antenna and associated antenna equipment.
APPLICANT. Any natural person, firm, partnership, association, joint venture, corporation, or other entity (or combination of entities), and the agents, employees, and contractors of such person or entity that seeks city permits or other authorizations under this chapter.
BASE STATION. For purposes of an eligible facility under Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended or superseded, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)(9), or any successor regulation, or any equipment associated with a tower.
(1) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(3) The term includes: (1) any structure other than a tower that, at the time the relevant application is filed with the city, state or other local government under 47 C.F.R. § 1.6100, or any successor regulation, supports or houses equipment described in 47 C.F.R. §§ 1.6100(b)(1)(i) through (iii), or any successor regulation; and (2) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(4) The term does not include any structure that, at the time the relevant application is filed with the city, state or other local government under this section, does not support or house equipment described in 47 C.F.R. §§ 1.6100(b)(1)(i) and (ii), or any successor regulation.
BATCH APPLICATION or BATCHING. An application for multiple wireless communication facilities at multiple locations, or multiple applications for separate facilities at multiple locations submitted at one time.
BUILDING-MOUNTED. Mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure.
CELLULAR. An analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
CEQA. California Environmental Quality Act (Cal. Public Resources Code Division 13 (commencing with § 21000)), or as may be amended or superseded.
C.F.R. The Code of Federal Regulations.
COLLOCATION (or COLOCATION). Means as follows:
(1) For purposes of an eligible facilities request under Section 6409(a) of the Spectrum Act,
COLLOCATION means the same as defined by the FCC in 47 C.F.R. § 6100(b)(2), as amended or superseded, which defines the term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(2) For purposes of a wireless collocation facility pursuant to Cal. Gov’t Code § 65850.6, as amended or superseded, COLOCATION means the same as defined in Cal. Gov’t Code § 65850.6(d)(1), which defines the term as the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications colocation facility.
(3) Except as otherwise provided in division (1) or (2) of this definition,
COLLOCATION means the addition of wireless telecommunications facilities to an existing wireless telecommunications facility so that one site is shared amongst the same or different carrier.
COLLOCATE or COLOCATE has a corresponding meaning.
CPUC or PUBLIC UTILITIES COMMISSION. The California Public Utilities Commission or its lawful successor.
CONSTRUCTION CODES. California Building, Fire, Electrical, Plumbing, and/or Mechanical Codes adopted by the city.
COW. A CELL ON WHEELS, which is a wireless telecommunications facility temporarily rolled in or temporarily installed.
DEVELOPMENT REVIEW COMMITTEE or DRC. The Development Review Committee as established in Chapter 17.52.
DIRECTOR. The Community Development Director or the Director’s designee.
ELIGIBLE FACILITY REQUEST. For purposes of Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 6100(b)(3), as may be amended or superseded, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE. For purposes of Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended or superseded, which defines that term as any tower or base station as defined in 47 C.F.R. § 1.6100(b)(1) or (9), or any successor regulation; provided, that it is existing at the time the relevant application is filed with the city, state or local government under this definition.
EMERGENCY STANDBY GENERATOR. For purposes of § 17.46.210, means a stationary generator used for the generation of electricity that meets the criteria set forth in Cal. Code of Regulations Title 17, § 93115.4(a)(29).
EXISTING. For purposes of an eligible facility under Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(5), as may be amended or superseded, which provides that a constructed tower or base station is EXISTING for purposes of the FCC’s Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is EXISTING for purposes of this definition.
FACILITY(IES). Both wireless telecommunications facilities or wireless telecommunications collocation facilities, unless the context specifically limits it to one or the other.
FCC or FEDERAL COMMUNICATIONS COMMISSION. The Federal Communications Commission or its lawful successor.
GENERATOR. For purposes of § 17.46.220, means any temporary or stationary generator used for the generation of electricity that does not meet the criteria set forth in Cal. Code of Regulations Title 17, § 93115.4(a)(29).
GROUND-MOUNTED. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.
MACRO CELL TOWER SITE. For purposes of proposed installation of an emergency standby power generator, means the place where wireless telecommunications equipment and network components, including towers, transmitters, base stations, and emergency power necessary for providing wide area outdoor service, are located. A MACRO CELL TOWER SITE does not include rooftop, small cell, or outdoor and indoor distributed antenna system sites.
MAJOR WIRELESS TELECOMMUNICATIONS FACILITY. A wireless telecommunications facility that does not qualify as either a small wireless facility or an eligible facility, including, without limitation, a macro cell tower site.
MAJOR CONDITIONAL USE PERMIT or CONDITIONAL USE PERMIT (or CUP). A major conditional use permit issued by the Planning Commission in accordance with the requirements of this chapter and Chapter 17.52.
MINISTERIAL PERMIT. An excavation permit, encroachment permit, or building permit and any required ministerial permit application form and supporting documents required by the city for deployment of a wireless telecommunications facility, wireless telecommunications collocation facility or generator under this code.
MINOR CONDITIONAL USE PERMIT or mCUP. A minor conditional use permit issued by the Development Review Committee (DRC) in accordance with the requirements of this chapter and Chapter 17.52.
MODIFICATION. A change to an existing wireless telecommunications facility that is not a substantial change to the physical dimensions of the eligible support structure as defined in 47 C.F.R. § 1.6100(b)(7), or any successor regulation, and includes, but is not limited to, any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, exterior material, or increases to the power output of the wireless telecommunications facility or wireless telecommunications collocation facility. MODIFICATION does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.
MONOPOLE. A structure composed of a single pole used to support antennas or related equipment and includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole.
MOUNTED. Attached or supported.
PERMITTEE. The recipient, or his/her/its heirs, successors, or assigns of a permit issued pursuant to this chapter or any predecessors to this chapter, or any operator, user, or lessee of any permitted wireless telecommunications facility or any wireless telecommunications collocation facility issued a permit pursuant to this chapter or any predecessors to this chapter.
POLE. A single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code. A POLE does not include a tower or support structure and does not include a pole or structure that supports electric transmission lines.
PUBLIC ENTITY. Includes the federal government, the State of California (state), a county, city, district, public authority, public agency, and any other political subdivision of the state or public corporation in the state.
PUBLIC PROPERTY. Any land, and any improvements, fixtures, buildings, facilities and other structures of any kind located on or attached to land, which is owned, leased, managed or controlled by the city or another public entity.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY or PROW. Any public street, public way, public alley or public place, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, that is located within the jurisdictional boundaries of the city where such PROW is owned, leased, granted by easement, operated or otherwise controlled by the city or another public entity.
REVIEWING AUTHORITY. The Community Development Director, the Development Review Committee (DRC) or the Planning Commission (PC), as applicable, with the authority to review and either grant or deny a wireless telecommunications facility permit, or wireless telecommunications collocation facility permit pursuant to this chapter.
RF. Radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum.
ROOF-MOUNTED. Mounted directly on the roof of any building or structure, above the eave line of such building or structure.
SECTION 6409(a). Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a) (also known as the “Spectrum Act”), as may be amended from time to time.
SHOT CLOCK. The presumptively reasonable time frame within which the city must act on an application for or request for authorization to place, construct or modify a wireless telecommunications facility, wireless telecommunications collocation facility, or other personal wireless facility, as defined by federal or state law, and as may be amended from time to time.
SITE. For purposes of an eligible facility under Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), or any successor regulation, which provides as follows:
(1) For towers outside the PROW, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
(2) For other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
For purposes of this definition, the current boundaries of a
SITE are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by the city, state or other local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.
SMALL WIRELESS FACILITY. Means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as a facility that meets each of the following conditions:
(1) The facility:
(a) Is mounted on structures 50 feet or less in height including its antennas as defined in this section; or
(b) Is mounted on structures no more than 10% taller than other adjacent structures; or
(c) Does not extend existing structures on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in this section), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17, or its successor regulations;
(5) The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x), or its successor regulation; and
(6) The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), or its successor regulation.
STEALTH FACILITY. (Also referred to as a CONCEALED ANTENNA.) A telecommunications facility that is designed to blend into the surrounding environment, typically one that is architecturally or aesthetically camouflaged or otherwise integrated into a structure.
STRUCTURE. A pole, tower, or other building or structure, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless telecommunications service (whether on its own or comingled with other types of services); and with respect to eligible facilities under Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6002(m) as may be amended or superseded.
SUBSTANTIAL CHANGE. Means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), or any successor regulation, which defines that term differently based on the type of eligible support structure (tower or base station) and location. For clarity, this definition organizes the FCC’s criteria and thresholds for determining if a modification substantially changes the physical dimensions of a wireless tower or base station based on the type and location.
(1) For towers located outside the public right-of-way, a
SUBSTANTIAL CHANGE occurs when:
(a) The proposed modification increases the overall height of the tower by more than 10% or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater); or
(b) The proposed modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater); or
(c) The proposed modification involves the installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four cabinets; or
(d) The proposed modification entails any excavation or deployment of transmission equipment outside the current site by more than 30 feet in any direction; the site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.
(2) For all base stations located outside the public right-of-way, a
SUBSTANTIAL CHANGE occurs when:
(a) The proposed modification increases the overall height more than 10% or ten feet (whichever is greater); or
(b) The proposed modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the base station by more than six feet; or
(c) The proposed modification involves the installation of any new ground-mounted equipment cabinets when there are no pre-existing ground-mounted equipment cabinets associated with the structure; or involves the installation of any new ground-mounted equipment cabinets that are more than 10% larger in height or overall volume than any other existing ground-mounted equipment cabinets associated with the structure; or
(d) The proposed modification involves excavation or deployment outside the current site.
(3) In addition, for all towers and base stations located outside of the public right-of-way, a
SUBSTANTIAL CHANGE occurs when:
(a) The proposed modification would defeat the existing concealment elements of the eligible support structure (wireless tower or base station) as reasonably determined by the Director; or
(b) The proposed modification does not comply with conditions of approval associated with the construction or modification of the eligible support structure or base station equipment; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
(4) For purposes of this definition, changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
TELECOMMUNICATIONS TOWER or TOWER. Means as follows:
(1) For purposes of an eligible facility under Section 6409(a) of the Spectrum Act,
TOWER means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended or superseded, which defines the term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
(2) For any wireless facility that does not qualify as an eligible facility, a
TELECOMMUNICATIONS TOWER or TOWER means a mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas; including without limitation, a building-mounted tower, ground-mounted tower, or roof-mounted tower.
TRANSMISSION EQUIPMENT. For purposes of an eligible facility under Section 6409(a) of the Spectrum Act, means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), or any successor regulation, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLE. Any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
WIRELESS TELECOMMUNICATIONS COLLOCATION FACILITY or WTCF. Means the same as defined in Cal. Gov’t Code § 65850.6, as may be amended or superseded, which defines a WIRELESS TELECOMMUNICATIONS COLOCATION FACILITY as a wireless telecommunications facility that includes colocation facilities; a “colocation facility” is the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, another wireless telecommunications colocation facility; a “wireless telecommunications facility” as equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.
WIRELESS TELECOMMUNICATIONS FACILITY or WTF. Any facility that is used for public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless telecommunications, including commercial earth stations for satellite-based communications, whether such service is provided on a stand-alone basis or is commingled with other wireless communications services, including but not limited to, antennas, commercial satellite dish antennas, and equipment buildings and other accessory structures.
(1) WIRELESS TELECOMMUNICATIONS FACILITY includes, but is not limited to, a small wireless facility, an eligible facility, and a major wireless telecommunications facility as defined in this chapter.
(2) Exceptions: The term
WIRELESS TELECOMMUNICATIONS FACILITY does not apply to the following:
(a) A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission’s Rules, or its successor regulation.
(b) Any antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. § 1.4000, or its successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.
(c) Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Director.
(d) Any telecommunications facility owned, leased and/or operated by the city or any other governmental agency.
(e) Emergency medical care provider-owned and operated telecommunications facilities.
(f) Mobile services providing public information coverage of news events of a temporary nature.
(g) Any wireless telecommunications facilities exempted from this code by federal law or state law; subject to submittal of documentation establishing the applicable exemption.
(h) Any wireless telecommunications facility located within a public right-of-way owned or granted by easement or lease, operated, or controlled by the city, the state or the federal government. Wireless telecommunications facilities within any city rights-of-way are governed by and subject to Chapter 12.52 of this code and not by this chapter.
(i) Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.
WIRELESS TELECOMMUNICATIONS FACILITY PERMIT or WTFP or PERMIT. Any approval or other permit required by this chapter prior to installation, collocation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, including but not limited to, administrative review, major conditional use permit, minor conditional use permit and/or an exception.
WIRELESS TELECOMMUNICATIONS SERVICES. The provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.
(Ord. 2021-10 § 6 (part), 2021)