(A) Telecommunication permits required. Wireless telecommunication permits shall be subject to review as follows:
(1) Encroachment telecommunication permit. City staff shall have the authority to issue an encroachment permit for a telecom facility that is proposed to be located in the right-of-way (ROW) on streetlight poles, traffic signals or utility poles when its design and installation is consistent with all provisions of this section of the code, qualifies as a small cell wireless facility (see § 154.147), or is subject to a valid master license agreement or other agreement with the city for antennas that do not exceed 50 feet in height. Telecom facilities that do not conform to these regulations or exceed the 50-foot height limit shall be approved by the City Council as a City Council telecom permit, except for SCWFs that may not exceed 50 feet in height, with certain exceptions as described in § 154.147.
(2) Administrative telecommunication permit. City staff shall have the authority to issue a telecom permit for a wireless telecom facility or SCWF that is proposed on private property when its design and installation is consistent with provisions of this chapter of the code, is eligible for approval pursuant to section 6409 as described in § 154.148, qualifies as a SCWF, or modifications to existing wireless Telecom facilities that do not vary significantly in size, aesthetics or other parameters from the original installation at the discretion of city staff.
(3) Telecommunication permit. All wireless telecom facilities that are not eligible for approval of an encroachment telecom permit or an administrative telecom permit or is not in conformance with section 6409 (see § 154.148), or does not qualify as a small cell wireless facility, or is a new facility that exceeds 50 feet, shall be subject to review and approval by the Planning Commission in accordance with the provisions of this chapter.
(4) Temporary telecommunication permit. A temporary use permit subject to the city staffs prior review for telecom facilities on private property or for telecom facilities in the public ROW. Approval in accordance with the procedures and standards in § 154.150 is required for any temporary wireless telecom facility, unless deployed in connection with an emergency pursuant to Chapter 32, Civil Defense, or other lawful emergency authority.
(B) Other permits and regulatory approvals. In addition to any telecom permit, administrative permit, or other permit required under this code, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state, or local government agencies, which includes without limitation building permits, encroachment permits, electrical permits, plumbing permits, and any other permits and/or regulatory approvals issued by other departments or divisions within the city. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
(C) Appeals.
(1) Decisions of any reviewing authority made pursuant to this subchapter may be appealed to the next highest reviewing authority. However, per federal law, decisions regarding small cell wireless facility permits and eligible facilities requests under section 6409 may not be appealed but are final once they have been decided by the appropriate reviewing authority. The decision-making and appeal process for telecom permit applications shall be as follows:
City Staff | Planning Commission | City Council | |
Encroachment permit | Decision (1) | Appeal | Appeal |
Administrative telecom permit | Decision (1) | Appeal | Appeal |
Planning Commission telecom permit | Decision | Appeal | |
Temporary wireless telecom permit | Decision | Appeal | Appeal |
(2) Decisions on small cell wireless facilities and telecom facilities subject to section 6409(a) are not appealable to the Planning Commission or City Council, per federal law.
(D) Timing.
(1) At the time of adoption of this subchapter, litigation is underway regarding certain of the required "shot clocks" or timelines for permit approvals. Per federal law and the FCC, requested permits that are eligible facility requests or SCWFs proposed for installation on preexisting structures may carry a 60-day timeframe/shot clock, provided that an application is submitted and is complete in all respects. Other SCWFs that are not eligible facility requests may carry a 90-day shot clock, and the city must notify the applicant within ten days whether an application is "materially incomplete." The city will observe all applicable federal and state timelines with respect to permits requested under this part and will administratively adjust and publish those timelines should court rulings or legislation change those timelines. An ordinance modification to this subchapter in due course will be thereafter sought by staff if such timelines are changed.
(2) Notice of "shot clock" expiration. The applicant is required to provide the City Manager or designee with written notice of the applicants estimate regarding the expiration of any applicable timeframe for review, which the applicant shall send by secure method (e.g., certified mail, registered mail, overnight carrier, any one of which shall require a receipt signature), no earlier than 30 nor later than 20 days prior to the applicants estimation of the time of shot clock expiration. The applicants estimate of the "shot clock" expiration is not necessarily binding on the city.
(E) Required findings. The City Manager or designee shall make all of the following findings when approving telecom facilities, including SCWFs:
(1) The proposed telecom facility complies with all applicable development standards described, or qualifies for a variance;
(2) The applicant demonstrated that its proposed wireless facility will be in full compliance with all applicable FCC rules and regulations for human exposure to radio frequency emissions;
(3) The applicant demonstrated a good-faith effort to identify and evaluate alternate locations and potentially less-intrusive designs; and
(4) Lack of such a facility would result in a significant gap of coverage.
(F) Other regulations. All telecom facilities and SCWFs are subject to provisions of this subchapter and the following other requirements:
(1) Conditions in any permit or license issued by a local, state, or federal agency, which has jurisdiction over the telecom facility of SCWF;
(2) Rules, regulations, and standards of the FCC and the CPUC; easements, covenants, conditions, or restrictions on the underlying real property; and
(3) The California Building Code, California Fire Code and portions of the Uniform Fire Code, California Mechanical Code, and California Electrical Code, as amended by state or local law or regulation.
(G) Regulations not in conflict or preempted. All telecom facilities within the city shall comply with all applicable design standards, with the General Plan, with any applicable specific plan, and with the San Joaquin Municipal Code, unless specifically exempted by the provisions of this chapter.
(Ord. 2021-03, passed 12-7-2021)