(A) Purpose. This section sets forth the application submittal requirements for all permits required by this chapter. These requirements may be augmented by a resolution adopted by the City Council. 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 Federal Register on December 3, 2020); and all other federal regulations, FCC rulings and orders, and state law, regulations and orders applicable to the installation, modification and/or collocation of wireless telecommunications facilities.
(B) Voluntary pre-submittal conferences. 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 and wireless telecommunications collocation facilities projects. This voluntary pre-submittal conference is not part of the application process, and does not cause the shot clock to begin, and is intended to facilitate and streamline the review process through informal discussion and consultation that includes, without limitation, the appropriate project classification, potential eligibility as a permitted or conditionally permitted use, 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 completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Director shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request for a voluntary pre-submittal conference.
(C) Shot clock; timeline for review and action. In accordance with federal and/or state law, the timeline for review of and action on a wireless telecommunications facility application or wireless telecommunications collocation application shall begin to run when the application is submitted in writing to the Department but may be reset or tolled depending on the type of application upon the city’s issuance of a notice of incomplete application to the applicant pursuant to division (D) of this section, or by mutual agreement. 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 timing requirements shall apply:
(1) Small wireless facility.
(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 reset or tolled pursuant to § 17.46.060(D)(1)(a) or (D)(1)(b) or by mutual written agreement.
(b) Ninety days. For an application to collocate 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 reset or tolled pursuant to § 17.46.060(D)(1)(a) or (D)(1)(b), or by mutual written agreement.
(2) Eligible facilities request.
(a) Sixty days. For an application for a modification of an existing wireless telecommunications facility that qualifies as an eligible facility defined in Section 6409(a), as codified in § 17.46.020 of this chapter, 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 tolled pursuant to § 17.46.060(D)(2)(a) or (D)(2)(b), or re-set or tolled by mutual written agreement.
(3) Major wireless telecommunications facilities.
(a) One hundred fifty days. For an application for a new major wireless telecommunications facility that is not for collocation, the city will act upon the application within 150 days from the Department’s receipt of the written application packet, unless the time period is tolled pursuant to § 17.46.060(D)(3)(a) or (D)(3)(b), or re-set or tolled by mutual written agreement.
(b) Ninety days. For an application for a major wireless telecommunications collocation facility on an existing 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 tolled pursuant to § 17.46.060(D)(3)(a) or (D)(3)(b), or reset or tolled by mutual written agreement.
(D) Resetting or tolling of shot clock. 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, material 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 reset or tolled as set forth in this division.
(1) Small wireless facilities.
(a) First incomplete notice. Staff shall determine whether an application 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 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, 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 is 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 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.
(2) Eligible facilities request.
(a) First incomplete notice. Staff shall determine whether an eligible facilities application 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 30-day shot clock date shall be tolled 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. For resubmitted applications following the initial notice of incomplete application, 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 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.
(3) Major telecommunications facilities.
(a) First incomplete notice. Staff shall determine whether an application 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 shall be tolled from the day 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. For resubmitted applications following the initial notice of incomplete application, 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 is 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 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.
(E) One submittal. The applicant’s response and submission of supplemental materials and information in response to any notice of incomplete application must be given to the city in one submittal packet.
(F) Determination of shot clock date. The shot clock is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of days of the shot clock period identified pursuant to division (C)(1)(a) or (C)(1)(b) (for small wireless facilities and other wireless telecommunications facilities excluding eligible facilities) or by the number of days of the shot clock identified pursuant to division (C)(2)(a) or (C)(2)(b) (for eligible facilities) and including any pre-application period asserted by the city; provided, that if the date calculated in this manner is a holiday, the shot clock date is the next business day after such holiday.
(1) For purposes of this division (F), 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 wireless telecommunications facility.
(2) For purposes of this division (F), the term
BUSINESS DAY means any day that is not a holiday, as defined in division (F)(1).
(G) 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 application. No refunds will be provided for withdrawn applications.
(H) Application content. The Director shall develop application forms for permit applications as the Director deems appropriate based on the requirements of this chapter and any rules and regulations, 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 a wireless telecommunications collocation facility, shall be provided by the applicant to the Director in writing on the city-approved form, and shall include the following information, in addition to all other information determined necessary by the Director as well as all other information required by the city as part of a complete application for the required permit. The requirements of this section may be supplemented by written rules and regulations adopted from time to time by the City Council.
(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) The type of facility, including a full written description of the proposed facility, its purpose and specifications, including, without limitation, all information and documentation demonstrating that the proposed facility qualifies for the type of permit applied for.
(a) An application for approval of a small wireless facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a small wireless facility as defined in this chapter and in accordance with the requirements of federal or state law.
(b) An application for approval of an eligible facility request shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as an eligible facilities request as defined in this chapter and in accordance with the requirements of Section 6409(a) and related federal regulations.
(c) An application for approval of a wireless telecommunications collocation facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a major wireless telecommunications collocation facility as defined in this chapter and in accordance with the requirements of Cal. Gov’t Code § 65850.6.
(d) An application for approval of a major wireless facility permit or major wireless telecommunications collocation facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a major wireless facility or major wireless telecommunications collocation facility as defined in this chapter and in accordance with the requirements of this chapter.
(3) A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by 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, the code and any rules and guidelines adopted 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 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 a consultant review as set forth in division (I) of this section, and a deposit for review by the city’s attorney, in an amount set by resolution by the City Council.
(14) Any other studies or information required by any rules and guidelines posted on the city’s website or as otherwise determined necessary by the Director may be required.
(I) Independent expert.
(1) The Director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility or wireless telecommunications collocation facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility or wireless telecommunications collocation facility and shall address any or all of the following:
(a) Compliance with applicable radio frequency emission standards;
(b) Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
(c) The accuracy and completeness of submissions;
(d) Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
(e) The applicability of analysis techniques and methodologies;
(f) The validity of conclusions reached or claims made by applicant;
(g) The proposal of alternative sites and alternative designs; and
(h) Any other specific technical issues designated by the city.
(2) The cost of the review by the independent expert consultant shall be paid by the applicant through a deposit pursuant to a fee schedule resolution adopted by the City Council. All costs shall be reasonable and consistent with industry standards.
(Ord. 2021-10 § 6 (part), 2021)