2020/01/23 Planning Commission Agenda Packet
City of Rohnert Park
Planning Commission
A G E N D A
Thursday, January 23, 2020
6:00 P.M.
130 Avram Avenue, Rohnert Park
To Any Member of the Audience Desiring to Address the Planning Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you
may do so upon recognition from the Chairperson. PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL (Blanquie____Borba____Giudice____Haydon_____Orloff____)
4. SELECTION OF OFFICERS FOR THE YEAR 2020
5. PUBLIC COMMENT – Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time.
6. CONSENT CALENDAR - ADOPTION OF MINUTES
6.1 Approval of the Draft Minutes of the Planning Commission Meeting January 9,
2020.
7. AGENDA ITEMS
7.1 STUDY SESSION – File No. PLSR19-0007 – Pisoni Vineyards – Site Plan &
Architectural Review for 611 Martin Avenue (APN 143-930-061)
7.2 MUNICIPAL CODE AMENDMENT – File No. PLMC20-0003 –
Consideration of Resolution 2020-01 Recommending to the City Council
Amendments to Municipal Code Title 17 Zoning to Modify Telecommunications
Regulations
CEQA: The proposed resolution is not a project under CEQA pursuant to CEQA
Guidelines section 15378(b)(4), which says that the creation of government
funding mechanisms that do not involve a commitment to a particular project
do not fall under the auspices of CEQA.
8. ITEMS FROM THE PLANNING COMMISSION
9. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
10. ADJOURNMENT
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this
Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the
public hearing(s).
Disabled Accommodation: In compliance with the Americans with Disabilities Act, if
you need special assistance to participate in this meeting please call (707) 588-2231. Notification
72 hours in advance of the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting. (28 CFR 35.102.35.104 AD Title III)
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Sedna, Community Development Assistant, for the City of Rohnert Park, declare that
the foregoing notice and agenda for the January 23, 2020 Planning Commission Meeting of the
City of Rohnert Park was posted and available for review on January 17, 2020 at Rohnert Park
City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the
City of Rohnert Park’s website at www.rpcity.org.
Signed this 17th day of January, 2020 at Rohnert Park, California.
/s/
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5:00 p.m. on February 3, 2020.
Minutes of the Planning Commission
Of the City of Rohnert Park
Thursday, January 9, 2020
6:00 P.M.
130 Avram Avenue, Rohnert Park
1. CALL TO ORDER
Chairperson Giudice called the regular meeting to order at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Led by Chairperson Giudice.
3. ROLL CALL
Present: John E. Borba, Commissioner
Gerard Giudice, Chairperson
Susan Haydon, Vice Chair
Marc Orloff, Commissioner
Absent: Daniel A. Blanquie, Commissioner
Staff Present: Planning Manager, Jeff Beiswenger, City Clerk, JoAnne Buergler, and
Recording Secretary, Elizabeth Machado, were present.
4. PUBLIC COMMENT
None.
5. CONSENT CALENDAR - ADOPTION OF MINUTES
5.1 Approval of the Draft Minutes of the Planning Commission Meeting November
14, 2019.
ACTION: Moved/seconded (Haydon/Borba) to approve the Draft Minutes of the
Planning Commission Meeting November 14, 2019.
Motion carried by the following unanimous 4-0-1 vote: AYES: Borba, Giudice,
Haydon and Orloff; NOES: None; ABSTAIN: None; ABSENT: Blanquie.
6. AGENDA ITEMS
6.1 SOLAR AND EV CHARGING PRESENTATION FOR MULTI-FAMILY
UNITS – Powertree Services, Inc.
Stacey Reineccius, CEO of Powertree Services, Inc. presented the item. Recommended
Action(s): Receive an update on solar and EV charging for multi-family units.
ACTION: By Consensus (none opposed), Planning Commission received the
informational presentation and participated by offering input on various topics
such as an increase in local sales tax vs. reduction in gas tax, usage during times
of reduction of sunlight, ability of individual tenants to access energy stored,
increase in rent costs, costs and benefits to the developer/owner, collaboration
with Sonoma Clean Power, and working with local developers.
6.2 MASTER SIGN PROGRAM – File No. PLSI19-0017 – Signs Par Excellence –
Consideration of Resolution 2019-32 Approving a Master Sign Program for the
Empire Park Industrial Complex at 5625 State Farm Drive (APN 143-021-031).
ACTION: Moved/Seconded (Orloff/Borba) pulled from agenda and continued to
a date uncertain.
Motion carried by the following unanimous 4-0-1 vote: AYES: Borba, Giudice,
Haydon and Orloff; NOES: None; ABSTAIN: None; ABSENT: Blanquie.
6.3 PROGRESS REPORT & STUDY SESSION – Zoning Ordinance Update
Project
Planning Manager, Jeff Beiswenger, presented the item. Recommended Action(s):
Receive a progress report and participate in a study session for the Zoning Ordinance
Update Project.
ACTION: By Consensus (none opposed), Planning Commission received the
informational presentation and participated in the update by offering input on
various topics such as park review by entitlement, state regulations for cannabis
and housing, requirements for co-location for telecommunication installations,
availability of daily EMFs reports for the City, 60-day response time with
telecommunication applications, telecommunication fees, and the City’s ability to
control lighting standards.
7. ITEMS FROM THE PLANNING COMMISSION
Commissioner Orloff inquired about downtown updates.
8. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
Staff is actively working on the General Plan with consultants and will be presenting
items later this year.
9. ADJOURNMENT
Chairperson Giudice adjourned the regular meeting at 7:51 p.m.
____________________________________ ___________________________________
Gerard Giudice, Chairperson Jennifer Sedna, Secretary
CITY OF ROHNERT PARK
PLANNING COMMISSION STAFF REPORT
Meeting Date: January 23, 2020
Item No: 7.1
Prepared By: Kevin Locke, Planning Consultant
Agenda Title: Study Session: PLSR19-0007 Site Plan & Architectural Review
Location: 611 Martin Avenue APN #143-930-061
GP/Zoning: I-L: Limited Industrial
Applicant/Owner: Jeff Pisoni – Pisoni Vineyards/AML Investment Properties, LLC
RECOMMENDED ACTION: Staff recommends that the Planning Commission review and
provide feedback to applicant and staff on the proposed warehouse at 611 Martin Avenue.
BACKGROUND:
In 2015, the Pisoni Vineyards acquired lots at 607 and 611 Martin Avenue in the northwest
portion of the City and moved their winemaking operation into the existing warehouse at 607
Martin Avenue. Pisoni Vineyards is now proposing to construct a new warehouse on the vacant
lot at 611 Martin Avenue. The total site area is ~57,000 square feet and the building footprint
would be ~23,000 square feet. The new space would serve as storage of cased goods only
(bottled wine). No wine production would take place on site. The warehouse would allow for
easier storage and operations due to the close proximity to their current tenant space. Hours of
operation would be Monday thru Friday 8:00AM to 4:30PM but the warehouse will mainly be
vacant unless wine is being transported in and out.
The applicant is currently in the process of completing their environmental analysis for the new
building. During this process the applicant is seeking initial feedback on their site to ensure a
complete application once the environmental analysis is finalized.
Surrounding Land Uses – Zoning: The project site is located in the northwest portion of the
City in an area predominately characterized by light industrial. To the north of the project site is
the recently approved Straus Creamery tenant location. The area to the west of the site is vacant
county grassland. The area south of the site is a self-storage warehouse. To the east is the
existing multi-tenant building in which the Pisoni’s currently operate in. Figure 1 illustrates the
general site location and Figure 2 illustrates the surrounding land uses.
Figure 1 – Project Vicinity Map
Figure 2 – Surround Land Uses
Site & Floor Plan
Due to the land use, the floor plan is relatively simple with a few key features. The entire floor
plan would be dedicated to wine storage except for two restrooms and a minor office in the front.
The Pisoni’s would transfer wine from 607 Martin to the new warehouse by a forklift. A
dedicated forklift path is located at the southeast portion of the site. A trash enclosure in
compliance with section 17.12.130 – Trash Enclosures within the RPMC (Rohnert Park
Municipal Code) would be included at the northeast portion of the site. Bicycle parking, clean air
vehicle parking, and potential EV charging stations are included on-site as well.
Figure 3 – Proposed Site Plan
Main Entrance
Forklift Path
Building Elevations
The architectural styling of the warehouse building is contemporary. The walls would be a series
of concrete tilt-up panels. The roof is primarily flat with a corrugated stainless steel mechanical
screen for any roof-mounted equipment. The roof will also have a sufficient slope to provide for
drainage. The colors of the building are a light and dark grey with an accent of “sequoia
redwood” to match the color scheme of the existing multi-tenant building on 607 Martin Avenue.
The building would be designed with a number of architectural features including facade
articulations, stainless steel storefront paneling with glass, and concrete diamonds at joint
intersections. Figure 3 and Figure 4 show the proposed east and north elevations. These
elevations would be the most prominently featured and only elevations that will be visible from
the public right of way. The south and west elevations would maintain the concrete tilt-up design
and painted diamond pattern.
Figure 3 - East Elevation
Figure 4 – North Elevation
Main Entrance
Painted Roll up Doors
Landscaping Plan
A preliminary landscaping plan has been submitted. Landscaping consists of a variety of trees,
shrubs, and ground cover. Coast oak and coast redwood make up the proposed trees plantings.
Planting in the parking areas will shade vehicles during the summer months. Irrigation of the
landscaping will be by an automatic irrigation system that meets the requirements of water
efficient landscape ordinance. The plant palette will consist of mainly drought tolerant plant
materials appropriate to the climate region. Figure 3 shows the proposed preliminary landscape
plan.
Figure 3 Landscape Plan
Lighting
The walkway and parking area lighting will consist of wall pack LED lighting fixtures. The
fixtures will be downward facing and of the minimum illumination necessary to function.
Parking
The parking requirement for a warehouse is (1) space per 500 square feet of building area. The
total building area is 23, 236 square feet, meaning that 46 parking spaces are required. The
applicant is proposing 50 parking spaces. As well, the applicant has stated that due to the nature
of the proposed warehouse, operations would occur on a scheduled basis. During most business
hours the warehouse would be unoccupied. Due to varying demand for parking, based on section
17.16.040 Parking Exemptions within the Rohnert Park Municipal Code a reduction of up to
twenty-five percent of the required spaces permitted. This means the site is well within the
parking requirements.
Input for Applicant & Next Steps
The purpose of this item is to allow the Planning Commission to provide input to the project
applicant. Staff does not have any major concerns or issues with the site and would currently
recommend approval if the environmental analysis was completed. The applicant will use any
input provided to finalize their application and the project will return to the Planning
Commission to request SPAR approval once an environmental analysis has been complete in
compliance with CEQA requirements.
PUBLIC NOTIFICATION: Public notification is not required for a study session.
Planning Manager Approval Date: 01/16/20
Attachments (list in packet assembly order):
1. Pisoni Vineyards Site Plan
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DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
NO PARKING
NO
PARKING
DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
DATE PRINTED
DATE CHECKED
SHEET NO:JOB NO:DESIGN FOR:NOTES DATE
5850 Commerce Boulevard, Rohnert Park, California 94928
Merle Avila architect
FAX 585-2499
(707) 795-4511
(707) 585-3711a r c h i t e c t s , i n c .avila bunch
CONTRACTOR
..Russell W. Bunch architect.
Page 1
City of Rohnert Park
Planning Commission Report
DATE: January 23, 2020
ITEM NO: 7.2
PREPARED BY: Jeffrey Beiswenger, Planning Manager
SUBJECT: PLMC20-0003 Amend Rohnert Park Municipal Code Title 17 to Modify
Telecommunications Regulations
LOCATION: City of Rohnert Park
REQUEST: Approve resolution 2020-01 to recommend to the City Council amendments to
Section 17.07.020 (Footnotes) to add subsection E (Wireless Communication Facilities) and to
repeal and replace subsection F (Communication Facilities) with subsection F (Amateur Radio
Service Installations).
INTRODUCTION: City staff has prepared updates to telecommunication regulations. The
primary focus of the code update is to implement new Federal Communications Commission
(FCC) requirements. In September 2018, the FCC adopted its Declaratory Ruling and Third
Report and Order in Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure, Investment, and WT Docket No. 17-79 (the “Small Cell Order”). The Small Cell
Order requires streamlined processing of small cell facilities applications and imposes strict time
limitations for local jurisdictions to issue all approvals (building permits, zoning approvals, etc.).
The following is a summary of the updates:
• Section 17.07.020 (Footnotes) of the Municipal Code has a blank subsection (E). The
new wireless regulations would be added in this location. This addition would make the
existing regulation in subsection F unnecessary.
• Regulations for amateur radio are also needed. The text currently in Section F
(Communication Facilities) would be deleted and replaced with a new footnote (F
Amateur Radio Service Installations).
• New permit requirements. Federal regulations require that small cell facilities are
permitted in the public right of way and that defined “eligible facilities” are permitted
with an administrative permit.
• Master permits. The new regulations encourage that wireless service providers enter into
a master use permit with the City to streamline processing. In certain cases a master lease
Page 2
agreement or a master license agreement would be required. New federal regulations
require that cities allow facilities in the right-of-way and a master agreement is a way to
ensure that these facilities are installed safely.
• Deemed approved and permit streamlining. New federal regulations have “deemed
approved” provisions. The City has specific “shot clock” limits based on the type of
wireless facility or the application is “deemed approved.” This limits the ability to require
pre-application conferences, conduct public hearings, appeals and other procedures that
may add processing time beyond shot clock limits.
• Conditions of Approval (COAs). Due to the requirement that many types of wireless
facilities must be approved administratively, standard conditions (COAs) have been
incorporated into the zoning ordinance. This allows for applications to be more quickly
processed and appropriate COAs to be applied.
• RF Compliance Evaluations. The safety of wireless radio frequency output is regulated
by the FCC. The City cannot deviate from the FCC standards. The City can require
documentation and testing to ensure that the operation is safe.
• Abandonment provisions. A significant concern is that equipment could be abandoned as
technology improves. A condition of approval would require removal after 30 days of
non-use. Master agreements would contain provisions to guarantee removal.
• Location and configuration preferences. The City has limited ability to prevent the
installation of a wireless facility. However, the City can establish preferences to encourage
the location of wireless equipment on existing structures and within non-residential areas.
• Development standards. The new code language includes provisions to limit the height and
bulk of equipment and to require concealment of telecommunication towers.
• Eligible facility request and co-locations. New federal regulations require an accelerated
approval process (“shot clock”) for the installation of equipment on existing towers.
• Operation and maintenance standards.
• Definitions. The new telecommunication regulations introduce new terms and these will
be included.
ANALYSIS: Federal and State regulations related to telecommunications are evolving. Staff has
prepared regulations that are compliant with new laws and has researched what other cities have
done to comply. The following is an analysis of best practices incorporated into the public draft
zoning code (Attachment A to the resolution):
Best Practice #1: Electromagnetic Frequency (EMF) Safety Confirmation
Federal law preempts local agencies from regulating radio frequency or electromagnetic waves
that comply with FCC regulations. However, the City can require proof that FCC standards are
met. Most of the policy examples that staff has reviewed require proof that the wireless carriers
comply with the FCC EMF parameters. The public draft code requires RF compliance plan as
part of application requirements. The code also requires on-site post installation radio frequency
(RF) emission testing. The objective is to ensure compliance with limits established by FCC
OET Bulletin 65 RF emission safety rules.
Page 3
Best Practice #2: Priority Locations
The new FCC regulations present a challenge to jurisdictions since local governments have
limited authority to prohibit the installation of new facilities. In response, many jurisdictions are
establishing priority locations in order to encourage new facilities to locate or co-locate in non-
residential zoning districts as a first option.
The public draft code prioritizes locations by zone (industrial, commercial, residential, etc.),
public versus private ownership, type of right-of-way (local, collector or arterial street). The
primary goal of this prioritization is to locate facilities away from residential areas when
possible, while still providing adequate service. In addition, because small cells serve mobile
technology, locating these facilities along transportation corridors or in commercial districts
(where mobile device use is high) can be an effective strategy for meeting service demands.
Historically, the City has had a practice of locating facilities in parks and on other public
property. These areas are well suited for telecommunication equipment since the space is
available to keep the equipment away from homes and to more easily screen and/or camouflage
it. Leasing City property for telecommunications purposes has also been a historical source of
revenue for the City.
Based on review of various model policy documents and the geographic layout of the City, staff
has included the following in the new zoning code:
1. City-owned property or structures outside public rights-of way
2. City-owned property and structures in the public rights-of-way (adjacent to non-
residential zoned property)
3. The Public Institutional zone (includes city parks)
4. Industrial zones
5. Commercial zones
6. Mixed-used zones
7. City owner property and structures in the public rights-of-way (adjacent to residential
zoned property)
8. Residential zones
Best Practice # 3: Design Considerations
While the FCC rules shorten the timeframe for processing a telecom facility application and
curtails the ability of jurisdictions to restrict the location of telecom facilities, these rules do not
prevent cities from applying design standards to help reduce the visual impact of these facilities.
Common design standards include limits on the height and bulk of facilities, and requirements to
conceal accessory equipment to the extent feasible. New code provisions include:
Page 4
• Height limits. Height is typically limited based on the underlying zoning designation or
“minimum functional height.” The main concern is that new towers do not loom over
adjoining neighborhoods. Taller structures generally require a conditional use permit.
• Setbacks. Telecommunication towers are required to be setback from property lines and
away from residential properties. However, these setbacks do not directly, or indirectly,
prohibit the adequate provision of telecommunication service.
• Concealment. The draft zoning code prescribes various ways to conceal or camouflage
telecommunication towers, small cell hardware and ground equipment. As long as these
requirements do not interfere with the operation of the equipment, telecom providers can
be required to comply. Towers designed to look like trees or building elements (e.g. clock
towers, church steeples) and ground equipment placed within a building, screen with
landscaping, or hidden within a landscape feature (e.g. a fake rock) are encouraged.
Best Practice # 4: Clutter Reduction
As multiple telecommunications companies compete to provide enhanced service within Rohnert
Park, city parks, streets and public and private property could become cluttered with new
telecommunication towers and equipment. As technology changes, equipment could become
obsolete, increasing the risk that equipment is left behind when no longer in use – littering the
streetscape with obsolete equipment. The following are best practices to reduce
telecommunications clutter incorporated into the zoning code:
• Configuration preferences. To reduce the number of new poles erected, particularly in the
right-of-way, the code establishes the following preference list:
1. Co-locate on exiting telecommunication facility.
2. Co-locate on existing (or replacement) utility poles.
3. Co-locate on existing (or replacement) City owned street light pole.
4. Existing or replacement structure on industrial or commercial building.
5. New utility poles.
• Co-locations. If an existing tower exists, telecom provider are required to consider
locating on it as a first option. New towers are required to accommodate at least two
providers. One pole can accommodate two facilities with limited structural and height
implications. For each additional facility an additional 10 feet in height is required, as
well as increases in pole diameter due to the weight and spacing requirements. The trade-
off for fewer poles is taller and bulkier towers.
• Pole separations. Minimum space requirements between poles is currently 1,000 feet.
Staff does not recommend changing this for macrocell facilities. However, staff does
recommend allowing clustering of multiple facilities on the same parcel. See Table 1. A
200 foot separation requirement between a macrocell facility and a residential property
has been included.
Page 5
• Clustering. In some cases, it may be preferable to cluster facilities instead of separating
them. The City already has telecommunication facilities on city owned property (e.g. fire
stations, B Park). Adding additional facilities in existing locations can reduce the need to
add towers nearby. It is also easier to camouflage facilities if disguised as a cluster of
“mono-pines,” install on top of parking lot light poles, and/or screen with park
landscaping. The code requires 50 feet between macrocell facilities on the same parcel
(Table 1).
Table 1 – Separation Requirements
Minimum Distance from a Macrocell Facility to a:
Macrocell Facility on the Same Parcel Macrocell Facility on Another Parcel Residential
Structure
50 feet 1,000 feet 200 feet
• Abandonment avoidance. Due to new FCC regulations, the City is required to allow for
new telecommunication with rights-of-way. This creates a significant risk of adding a
clutter of new equipment and towers. As technology evolves these towers and the related
equipment will become obsolete and the temptation will be to leave them behind. New
regulations would prevent abandonment by one or more of the following: requiring a
bond to insure removal; requiring a master license agreement; and/or requiring immediate
removal upon discontinuation of service.
Best Practice # 5: Public Rights-of-Way Consideration
New federal law allows for use of City right-of-way by telecommunication providers. However,
the right-of-way is a city controlled public asset and tools are still available to the City to avoid
clutter and obstructions in the right-of-way. The following are some best practices that are
included in existing regulation and the draft code:
1. Limit obstructions in right-of-way. Standards in the zoning ordinance and improvement
standards control the function of facilities installed in the right-of-way. The code
requires the removal or relocation of facilities if needed to accommodate a necessary
public improvement (e.g. road widening, undergrounding of utilities, etc.). The code
includes standard maintenance provisions and measures to require abatement if facilities
are vandalized. The code also includes measures to ensure that facilities do not create
safety hazards (visual or physical) to pedestrians or vehicles.
2. Master Lease Agreements (MLAs) and Master License Agreements (MILA). MLAs
apply to macro cell facilities located on public property (including rights-of-way) or
multiple small cell facilities. An MILA would apply to a single small cell facility. Both
of these agreements allow for the City to recover costs and/or generate revenue and to
ensure that equipment is adequately maintained and removed when no longer in use,
through a bond or other mechanism.
3. Public Works Standards. The City recently adopted standards for small cell devices
located on privately owned poles and similar standards for installations on City standard
Page 6
light poles that includes telecommunications equipment are being prepared for City
Council consideration (Figure 1 illustrates this concept). New telecommunication
regulations allow for the use of public rights-of-way by providers, but the City can direct
the use of existing streetlight and other existing structures as an alternative to a new pole
in the right of way.
4. Encroachment Permit. Prior to any work within the public right-of-way, the City can
require the issuance of an encroachment permit. The permit includes reimbursement
provisions to ensure that the public is not on the hook for expenses related to the
processing of applications for private telecommunication providers. Encroachment
permits require the submittal of certain documents to ensure public safety, including:
traffic control plans, construction drawings, structural analysis reports, photo
simulations, and RF Reports. Encroachment permits combined with MILAs are effective
in regulating the use of its rights of way.
Best Practice #6: Streamlined Procedures
New FCC shot clock and other requirements limit the ability of cities to require conditional use
permits and other types of discretionary decisions (e.g. design review), for specific types of
telecommunication equipment. For example, a jurisdiction has only 60 days to act on an eligible
facility request (e.g. co-location that does not substantially change the physical dimensions of an
existing facility), 90 days to act on a collocation application and 150 days for all other
applications (e.g. new tower). These timeframes must include any appeals. It would be difficult,
if not impossible to process a conditional use permit or a design review within a 90-day
timeframe.
The public draft code includes different procedures for different types of telecommunication
equipment. This allows for procedures that are consistent with the FCC shot clock (see Table 1).
Administrative permits are faster, but do not allow for the full public review process of a
conditional use permit. In order to ensure that telecommunications facilities are adequately
regulated for safety and aesthetic purposes, the zoning ordinance includes detailed standards that
address these concerns so that they can be administratively applied
Best Practice #7: Standard Conditions of Approval
Jurisdictions use conditions of approval (COAs) when approving permits to make sure that
procedures and regulations apply throughout the construction and life of telecommunication
facilities. COAs are typically applied on a case-by-case basis. This practice is flexible and allows
for adjustments to respond to changing regulations. However, to comply with FCC rules and to
accelerate processing due to shot clock limits, standard COAs have been incorporated into the
zoning ordinance. Based on review of the model policy documents, staff is proposing the
following standard COAs for consideration:
• Strict compliance to approved plans. Technology is changing rapidly and this provision
would require any alterations to go back through the review process.
• Build-out permit. A one-year limit applies to any approval to make sure facilities are
installed in a timely manner.
Page 7
• Maintenance obligations. The telecommunications provider would be required to keep
any facility free of debris and make any necessary repairs that result from vandalism, bad
weather, or other causes.
• RF compliance evaluations. The FCC sets safe RF exposure limits. Prior to the operation
for any equipment, the operator would be required to conduct on-site post-installation RF
emissions testing to demonstrate compliance with FCC OER Bulletin 65 RF emission
safety rules.
• Indemnification. Telecommunication provider would be obligated to defend, indemnify
and hold harmless the City from all claims.
• Performance Bond. A bond equivalent to 100% of the cost of removal of a facility is
required for facilities in the right-of-way.
• Conflict with Improvements. If the roadway needs to widened, underground
infrastructure installed or other public improvements made, a telecommunication
provider may be required to remove or relocate equipment.
• Encourage co-locations. New facilities are required to accommodate more than one
provider.
• Abandonment. A facility is required to be removed if abandoned for more than 90 days.
If not removed within 30 days after the 90-day period has expired, the City has the option
of removing the facility at the expense of the operator.
• Master Lease and License Agreements. All facilities on public property, including rights-
of-way would be required to enter into a master lease or license agreement with the City.
General Plan Consistency
The public draft code complies with the City of Rohnert Park General Plan, as follows:
• Goal CD-E (Preserve and enhance the visual character of scenic corridors). By reducing
potential visual clutter through camouflaging techniques, height limitation, co-location
requirement and other methods, the telecommunications regulation implement this goal
as much as possible under the limitation for federal and state law.
• HS-23 (Prepare and disseminate information to help households prepare for emergency
situations). Telecommunications equipment are extremely important for communication
in emergencies – as demonstrated by recent fires. The new regulations help streamline the
approval process for new facilities in a sensible fashion. Additional facilities will be
helpful to the public when seeking information in emergencies.
Findings of Approval
Included in attached resolution.
Page 8
Planning Manager Approval Date: 1/16/20
Attachments (list in packet assembly order):
Resolution 2020-01, including Attachment A
PLANNING COMMISSION RESOLUTION NO. 2020-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO
MUNICIPAL CODE TITLE 17, ZONING TO MODIFY TELECOMMUNICATIONS
REGULATIONS
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC 20-0003 proposing changes to the Rohnert Park Municipal Code (“RPMC”) by amending
Section 17.07.020 (Footnotes) to add subsection E (Wireless Communication Facilities) and to
delete repeal subsection F (Communication Facilities) and replace with subsection F (Amateur
Radio Service Installations.;
WHEREAS, the proposed changes to Title 17 Zoning are consistent with the goals,
policies, and implementation measures in the General Plan;
WHEREAS, the proposed changes to Title 17 Zoning are attached hereto as Exhibit A;
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing;
WHEREAS, on January 23, 2020 the Planning Commission held a public hearing at which
time interested persons had an opportunity testify either in support of or opposition to the proposal;
and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC20-0003 for the proposed amendments to Title 17
Zoning of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed revisions to Sections 17.07.020.N – Footnotes: E (Wireless Communication
Facilities) and F (Amateur Radio Service Installations), based on the entire record of the
proceeding, including the oral and written staff reports and all oral and written testimony and
comments.
Section 1. The above recitations are true and correct.
Section 2. Findings. The Planning Commission hereby makes the following findings
concerning Sections 17.07.020 – Footnotes of the Municipal Code:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments to the Municipal Code are consistent
with the General Plan 2020 Goals and Policies, as follows:
• Goal CD-E (Preserve and enhance the visual character of scenic
corridors). By reducing potential visual clutter through camouflaging
techniques, height limitation, co-location requirement and other methods,
2
Resolution 2020-01
the telecommunications regulation implement this goal as much as
possible under the limitation for federal and state law.
• HS-23 (Prepare and disseminate information to help households prepare
for emergency situations). Telecommunications equipment are extremely
important for communication in emergencies – as demonstrated by recent
fires. The new regulations help streamline the approval process for new
facilities in a sensible fashion. Additional facilities will be helpful to the
public when seeking information in emergencies.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the Municipal Code strike a
balance between the need for new telecommunication facilities and the visual impact,
and potential health and safety impacts of these facilities. The facilities are
increasingly needed for communications of the public and for communicating to the
public in emergencies. The regulations have radio frequency (RF) safety requirements
that will ensure that the facilities are compliance with FCC limits. Thorough testing is
required. The regulations require that the visual impact of new facilities are
considered. New regulatory tools are included in the code update to control where
new facilities are located. The code avoids provisions that would directly, or
indirectly limit the necessary provision of telecommunication services.
Section 3. Environmental Clearance
No California Environmental Quality Act (CEQA) analysis is required for this
resolution. The proposed resolution is not a project under CEQA pursuant to CEQA
Guidelines section 15378(b)(4), which says that the creation of government funding
mechanisms that do not involve a commitment to a particular project do not fall under
the auspices of CEQA.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt the Findings stated hereinabove and adopt
this Amendment to the RPMC to amend Section 17.07.020 – Footnotes in the form provided in
Exhibit A.
2
Resolution 2020-01
DULY AND REGULARLY ADOPTED on this 23rd day of January 2020 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: _____ NOES: _____ ABSENT: _____ ABSTAIN: ____
BLANQUIE____ BORBA ____ GIUDICE ____ HAYDON _____ ORLOFF_____
________________________________________________________
Chairperson, City of Rohnert Park Planning Commission
Attest: ________________________________
Jennifer Sedna, Recording Secretary
Attachment: Exhibit A
Attachment A
E. WIRELESS COMMUNICATION FACILITIES.
1. Purpose and Intent.
a. The purpose of this section is to provide a uniform and comprehensive set of regulations
and development standards for the permitting, development, siting, installation, design,
operation, and maintenance of wireless communication and similar facilities. These
regulations are intended to prescribe clear and reasonable criteria to assess and process
applications in a consistent and expeditious manner, while reducing the impacts
associated with wireless communications facilities. This section provides standards
necessary to:
(1) Promote and protect public health and safety, community welfare, visual and
environmental resources, and the unique visual character and quality of the of the
city consistent with the goals, objectives and policies of the General Plan;
(2) Preserve and promote harmonious land uses;
(3) Provide for the orderly, managed, and efficient development of wireless
communications facilities in accordance with the state and federal laws, rules, and
regulations;
(4) Acknowledge the community benefit associated with the provision of
communication services and ensure that a broad range of wireless communication
facilities is provided to serve the community and to serve as an important part of
the City’s emergency response network;
(5) Encourage new and more efficient technology in the provision of wireless
communications facilities; and
(6) Provide incentives for well-designed and well-placed facilities.
b. This section is not intended to, nor shall it be interpreted or applied to:
(1) Prohibit or effectively prohibit any personal wireless service provider’s ability to
provide personal wireless services;
(2) Prohibit or effectively prohibit any entity’s ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral and
nondiscriminatory rules;
(3) Unreasonably discriminate among providers of functionally equivalent services;
(4) Deny any request for authorization to place, construct or modify personal wireless
service facilities on the basis of environmental effects of radio frequency emissions
to the extent that such wireless communication facilities comply with the Federal
Communication Commission’s (FCC) regulations concerning such emissions;
(5) Prohibit any collocation or modification that the City may not deny under federal or
state law; or
(6) Otherwise authorize the City to preempt any applicable federal or state law.
c. In establishing the rights, obligations and conditions set forth in this section, it is the intent
of the City to treat each applicant in a competitively neutral and nondiscriminatory
manner, to the extent required by law, and with considerations that may be unique to the
technologies, situation and legal status of each proposed use.
2. Applicability. This section applies to the operation and maintenance of all existing wireless
communication facilities and all applications and requests for approval to construct, install,
modify, collocate, relocate or otherwise deploy, operate, and maintain wireless communication
facilities in the City.
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3. Exemptions.
This section is not applicable to:
a. Wireless communication facilities owned and operated by the City or any other agency of
the state for public purposes;
b. Authorized amateur radio service facilities requiring a license issued by the FCC to
operate (i.e., a “HAM” radio transmission), including antenna structures. See Footnote F
(AMATEUR RADIO SERVICE INSTALLATIONS);
c. Any OTARD devices;
d. Wireless communication facilities installed completely indoors and intended to extend
signals for personal wireless services in a personal residence or a business (such as a
femtocell or indoor distributed antenna system); and
e. Wireless communication facilities or equipment owned and operated by CPUC-regulated
electric companies for use in connection with electrical power generation, transmission
and distribution facilities subject to CPUC General Order 131-D.
4. Permit requirements.
a. Permit Required. No wireless communications facility shall be located or modified within
the city on any property without the issuance of a permit as required by this section as set
forth in the table below. Such permit shall be in addition to any other permit required
pursuant to the Municipal Code.
Telecommunications
Facility
Private Property Public Right-
of-Way Residential
Districts
Mixed Use
Districts
Commercial
Districts
Other
Districts
New
telecommunications
tower, up to 35-feet
in height above the
ground
Not Permitted
Conditional Use Permit
Encroachment
Permit,
pursuant to
Chapter
12.04.
Roof or building-
mounted facility, not
visible from a public
right-of-way or other
property
Administrative Permit
Roof or building-
mounted facility,
visible from a public
right-of-way or other
property and/or
located on a historic
structure
Conditional Use Permit
Facility with a
backup generator Conditional Use Permit Permitted
Facility with an
ancillary fuel storage
tank(s) to support
the backup power
supply
Conditional Use Permit
Encroachment
Permit,
pursuant to
Chapter 12.04
3
Telecommunications
Facility
Private Property Public Right-
of-Way Residential
Districts
Mixed Use
Districts
Commercial
Districts
Other
Districts
Eligible facilities
request or
application for
collocation facility
pursuant to
California
Government Code
Section 65850.61
Administrative Permit
Small Cell Facility Administrative Permit
Temporary Wireless
Facility Temporary Conditional Use Permit
Temporary Wireless
Facility for
Emergencies
Permitted
Footnote:
1. See Section 17.
b. For service providers, who plan to establish multiple wireless communication facilities
within the city, the service provider is encouraged to apply for approval of all facilities
under a master use permit application. Under this approach, all proposed facilities may
be acted upon by the City as a single application. No approval shall be construed as any
warranty of title.
5. Application Requirements.
a. Application Required. The approval authority shall not approve any request for a permit
except upon a duly filed application consistent with this section, Chapter 12.04 of this
code (Encroachment Permits), and/or any other written rules the City or the Director may
establish from time to time in any publicly-stated format.
b. Application Content. All applications for a conditional use permit, an administrative
permit, temporary conditional use permit, or an encroachment permit must include all the
information and materials required by the Director for the application, including:
(1) Compliance with any permit application requirements, forms, checklists, guidelines,
informational handouts and other related materials that the Director finds
necessary, appropriate or useful for processing any application governed under this
section.
(2) Applicants shall ensure applications demonstrate compliance with all applicable
health and safety laws, regulations or other rules, which includes without limitation
all building codes, electric codes and all FCC rules for human exposure to RF
emissions.
(3) The City Council further authorizes the Director to establish other reasonable rules
related to permit processing as the Director deems necessary to manage the
application intake process. All such rules must be in written form and publicly
available to all applicants.
c. Applicants shall provide reports evaluating for potential interference with City
communication frequencies (e.g., HF, UHF, VHF, eight hundred mHz) in conjunction with
all applications.
d. Applications will be processed, and notices of incompleteness provided, in conformity
with state, local, and federal law. If such an application is incomplete, the Director shall
4
notify the applicant in writing, and specifying the material omitted from the application in
conformance with timeframes established under 47 C.F.R. 1.6003(c)(1).
e. Application fee(s) shall be required to be submitted with any application. The City
Council shall set the amount, type, and other terms of such fee(s) from time to time by
means of resolution. Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant unless paid as a refundable deposit.
f. Pre-Submittal Conference. Before application submittal, the applicant is encouraged to
schedule and attend a pre-submittal conference with the Director for all proposed
projects.
g. Requests for waivers from any requirement of this subsection shall be made in writing to
the Director or his or her designee. The Director may grant or deny a request for a waiver
pursuant to this subsection. The Director may grant a request for waiver for an
application requirement if it is demonstrated that, notwithstanding the issuance of a
waiver, the City will be provided all information necessary to understand the nature of the
construction or other activity to be conducted pursuant to the permit sought. All waivers
approved pursuant to this subsection shall be (1) granted only on a case-by-case basis,
and (2) narrowly-tailored to minimize deviation from the requirements of the City Code.
h. Peer and Independent Consultant Review. The Director is explicitly authorized at his/her
discretion to employ on behalf of the City an independent technical expert to review any
technical materials submitted. The applicant shall pay all the costs of said technical
review, including any administrative costs incurred by the City, and is required to make a
deposit, consistent with the City’s adopted fee schedule, at the time of application to
account for this contingency.
6. Notice
a. General Notice Requirements. Public notice in accordance with the provisions in
Municipal Code Chapter 17.25 (Administrative and Enforcement Procedures) shall be
required for all permit applications.
b. Deemed-Approval Notice. Not more than 30 days before the applicable FCC timeframe
for review expires, and in addition to the public notice required in Section 6.a (General
Notice Requirements), an applicant for a use permit must provide a posted notice at the
project site that states the project will be automatically deemed approved pursuant to
California Government Code § 65964.1 unless the City approves or denies the
application or the applicant tolls the timeframe for review within the next 30 days. The
posted notice must be compliant with all applicable provisions in Municipal Code Chapter
17.25 (Administrative and Enforcement Procedures). The public notice required under
this section will be deemed given when the applicant delivers written notice to the
Director that shows the appropriate notice has been posted at the project site.
c. Decision Notices. Within five days after the approval authority acts on an application for a
use permit or before the FCC shot clock expires (whichever occurs first), the approval
authority or its designee shall send a written notice to the applicant. In the event that the
approval authority denies the application (with or without prejudice), the written notice to
the applicant must contain the reasons for the decision.
7. Decisions; Limited Exemptions; Appeals
a. Required Findings for Approval.
(1) Required Findings for Approval for all Facilities Requiring a Conditional Use Permit
or an Administrative Permit, except for an eligible facilities request. The approval
authority may approve or conditionally approve an application for a conditional use
permit or administrative permit submitted under this section when the approval
authority finds all of the following:
(a) The proposed facility complies with all applicable provisions of this section;
5
(b) The proposed wireless facility complies with all required findings for
conditional use permit approval in Municipal Code Section 17.25.014
(Findings) or administrative permit approval in Municipal Code Section
17.25.53 (Findings/conditions), or qualifies for a limited exception pursuant to
Subsection 7.c (Limited Exceptions for Personal Wireless Service Facilities);
(c) The applicant has demonstrated that its proposed wireless facility will be in
compliance with all applicable FCC rules and regulations for human exposure
to RF emissions;
(d) The applicant has demonstrated a good-faith effort to identify and evaluate
preferred alternative locations and potentially less-intrusive alternative designs
for the proposed wireless facility;
(e) The applicant has provided the approval authority with a meaningful
comparative analysis that shows all preferred alternative locations and less-
intrusive alternative designs identified in the administrative record are either
technically infeasible or unavailable;
(f) The applicant has submitted a statement of its willingness to allow other
carriers to collocate on the proposed wireless communications facility
wherever technically and economically feasible; and
(g) Noise generated by equipment will not be excessive, annoying nor be
detrimental to the public health, safety, and welfare and will not exceed the
standards set forth in Chapter 17.12 and Chapter 9.44.
b. Conditional Approvals; Denials. Subject to any applicable limitations in federal or state
law, nothing in this section is intended to limit the approval authority’s ability to
conditionally approve or deny without prejudice any application for a use permit as may
be necessary or appropriate to protect and promote the public health, safety and welfare,
and to advance the goals or policies in this section, the Municipal Code or the General
Plan. In conjunction with any denial, the approval authority shall issue a written decision
stating the reasons therefore.
c. Limited Waiver to Avoid Prohibitions on Service. In the event that an applicant claims that
strict compliance with the site location guidelines in Section 10 (Location and
Configuration Preferences) or the development standards and regulations in Sections 11-
13 (Development Standards and Regulations for all Wireless Communication Facilities,
Freestanding Wireless Communication Facilities, Building-Mounted Wireless
Communication Facilities) would prohibit or effectively prohibit the applicant’s ability to
provide personal wireless services, the approval authority may grant a limited waiver from
such requirements only to the minimum extent necessary to prevent such prohibition or
effective prohibition, provided the approval authority finds the following:
(1) The proposed wireless facility qualifies as a “personal wireless service facility” as
defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded;
(2) The applicant has provided the approval authority with the technical service
objective to be achieved by the proposed wireless facility;
(3) The applicant has provided the approval authority with a written statement that
contains a detailed and fact-specific explanation as to why the proposed wireless
facility cannot be deployed in in accordance with the standards in this section;
(4) The applicant has demonstrated to the approval authority that the proposed
location and design is the least non-compliant configuration that will reasonably
achieve the applicant’s technical service objective or that would avoid an actual or
effective prohibition of service
6
d. Appeals. Any interested person or entity may appeal any decision by the approval
authority in accordance with the standards and procedures in Municipal Code Chapter
17.25, Article XII (Appeals), except as modified by this section.
(1) Any person adversely affected by an administrative decision pursuant to this
chapter or a decision regarding an encroachment permit for a wireless facility
issued under chapter 12.04 may appeal such decision. The appeal will be
considered by a hearing officer appointed by the City Manager. The hearing officer
may decide the issues de novo and whose decision will be the final decision of the
City.
(2) Where the approval authority grants an application based on a finding that denial
would result in a prohibition or effective prohibition under applicable federal law,
any appeals must be filed within two (2) business days of the written decision of the
approval authority, unless the approval authority extends the time therefore. An
extension to file an appeal may not be granted where extension would result in
approval of the application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
(4) Appeals from an approval will not be permitted on the basis of the environmental
effects of the radio frequency emissions of the proposed facility, unless the appeal
specifically identifies that the proposed facility does not meet regulations
established by the FCC regarding such emissions.
8. Conditions of Approval for All Wireless Communications Facilities.
In addition to all other conditions imposed by the approval authority, all permits, including
encroachment permits, shall be subject to the conditions in this section.
a. Permit Term. The permit will automatically expire 10 years from its issuance, except
where the approval authority establishes a shorter term due to specific public safety or
substantial land use reasons. Any other permits or approvals issued in connection with
any collocation, modification or other change to the permitted wireless facility, which
includes without limitation any permits or other approvals deemed-granted or deemed-
approved under federal or state law, will not extend this term limit unless expressly
provided otherwise in such permit or approval or required under federal or state law. An
administrative permit issued to authorize installation of an eligible facilities request or a
collocation facility subject to Government Code section 65850.6 shall not be deemed to
extend the term of any underlying permit for the originally permitted wireless
communication facility.
b. Permit Expiration. At the end of the term, the permit shall automatically expire, unless an
extension or renewal has been granted. A person holding a permit must either: (1)
remove the wireless facility within thirty (30) days following the permit’s expiration
(provided that removal of support structure owned by City, a utility, or another entity
authorized to maintain a support structure in the right of way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City); or (2)
at least ninety (90) days prior to expiration, submit an application to renew the permit,
which application must, among all other requirements, demonstrate that the impact of the
wireless facility cannot be reduced. The wireless facility may remain in place until it is
acted upon by the City and all appeals from the City’s decision exhausted.
c. Strict Compliance with Approved Plans. Before the permittee submits any applications to
the Building Department, the permittee must incorporate this permit, all conditions
associated with this permit and the approved photo simulations into the project plans (the
“Approved Plans”). The permittee must construct, install and operate the wireless facility
in strict compliance with the Approved Plans. Any alterations, modifications or other
changes to the Approved Plans, whether requested by the permittee or required by other
7
departments or public agencies with jurisdiction over the wireless facility, must be
submitted in a written request subject to the Director’s prior review and approval, who
may refer the request to the original approval authority if the Director finds that the
requested alteration, modification or other change substantially deviates from the
Approved Plans or implicates a significant or substantial land-use concern.
d. Build-Out Period. This permit will automatically expire one (1) year from the approval or
deemed-granted date unless the permittee obtains all other permits and approvals
required to install, construct and/or operate the approved wireless facility, which includes
without limitation any permits or approvals required by the any federal, state or local
public agencies with jurisdiction over the subject property, the wireless facility or its use.
The Director may grant one written extension to a date certain, not to exceed one (1)
additional year, when the permittee shows good cause to extend the limitations period in
a written request for an extension submitted at least 30 days prior to the automatic
expiration date in this condition.
e. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes
without limitation any and all improvements, equipment, structures, access routes, fences
and landscape features, in a neat, clean and safe condition in accordance with the
Approved Plans and all conditions in this permit. The permittee shall keep the site area
free from all litter and debris at all times. The permittee, at no cost to the City, shall
remove and remediate any graffiti or other vandalism at the site within 48 hours after the
permittee receives notice or otherwise becomes aware that such graffiti or other
vandalism occurred.
f. Compliance with Laws. The permittee shall maintain compliance at all times with all
federal, state and local statutes, regulations, orders or other rules that carry the force of
law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any
use or activities in connection with the use authorized in this permit, which includes
without limitation any Laws applicable to human exposure to RF emissions. The
permittee expressly acknowledges and agrees that this obligation is intended to be
broadly construed and that no other specific requirements in these conditions are
intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain
compliance with all Laws. In the event that the City fails to timely notice, prompt or
enforce compliance with any applicable provision in the Rohnert Park Municipal Code,
any permit, any permit condition or any applicable law or regulation, the applicant or
permittee will not be relieved from its obligation to comply in all respects with all
applicable provisions in the Municipal Code, any permit, any permit condition or any
applicable law or regulation.
g. Radiofrequency Compliance Evaluations. All facilities must comply with all applicable
standards and regulations of the FCC and any other state or federal government agency
with the authority to regulate radio frequency emissions. After completion of construction,
but prior to unattended operations of the facility, the permittee shall conduct on-site post-
installation RF emissions testing to demonstrate actual compliance with applicable FCC
limitations, including the FCC OET Bulletin 65 RF emissions safety rules for general
population/uncontrolled radiofrequency exposure in all sectors. For this testing, the
transmitter shall be operating at maximum operating power, and the testing shall occur
outwards to a distance where the radiofrequency emissions no longer exceed the
uncontrolled/general population limit.
h. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to
avoid any and all undue or unnecessary adverse impacts on nearby properties that may
arise from the permittee’s or its authorized personnel’s construction, installation,
operation, modification, maintenance, repair, removal and/or other activities at the site.
The permittee shall not perform or cause others to perform any construction, installation,
operation, modification, maintenance, repair, removal or other work that involves heavy
equipment or machines except during normal construction work hours authorized under
8
this code. The restricted work hours in this condition will not prohibit any work required to
prevent an actual, immediate harm to property or persons, or any work during an
emergency declared by the City. The Director may issue a stop work order for any
activities that violates this condition.
i. Permittee’s Contact Information. The permittee shall furnish the Director with accurate
and up-to-date contact information for a person responsible for the wireless facility, which
includes without limitation such person’s full name, title, direct telephone number,
facsimile number, mailing address and email address. The permittee shall keep such
contact information up-to-date at all times and immediately provide the Director with
updated contact information in the event that either the responsible person or such
person’s contact information changes.
j. Indemnification. The permittee shall defend, indemnify and hold harmless the City, City
Council and its commissions, agents, officers, officials, employees, and volunteers from
any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any
and all claims, demands, law suits, writs, and other actions or proceedings (“Claims”)
brought against the City or its agents, officers, officials, employees, or volunteers to
challenge, attack, seek to modify, set aside, void or annul the City’s approval of this
permit, and (2) other Claims of any kind or form, whether for personal injury, death, or
property damage, that arise from or in connection with the permittee’s or its agents’,
Director’s, officers’, employees’, contractors’, subcontractors’, licensees’, or customers’
acts or omissions in connection with this permit or the wireless facility. In the event the
City becomes aware of any Claims, the City will use best efforts to promptly notify the
permittee and shall reasonably cooperate in the defense. The permittee expressly
acknowledges and agrees that the City shall have the right to approve, which approval
shall not be unreasonably withheld, the legal counsel providing the City’s defense, and
the property owner and/or permittee (as applicable) shall promptly reimburse City for any
costs and expenses directly and necessarily incurred by the City in the course of the
defense. The permittee expressly acknowledges and agrees that the permittee’s
indemnification obligations under this condition are a material consideration that
motivates the City to approve this permit, and that such indemnification obligations will
survive the expiration or revocation of this permit.
k. Performance Bond. Before the Building Department issues any construction permit in
connection with this permit, the permittee shall file with the City, and shall maintain in
good standing throughout the term of the approval, a performance bond or other surety or
another form of security for the removal of the facility in the event that the use is
abandoned or the permit expires, or is revoked, or is otherwise terminated. The security
shall be in the amount equal to 100% of the cost of removal of the facility. The bond or
security required by this section shall be in a form acceptable to the Director in an
amount reasonably necessary to cover the cost to remove the improvements and restore
all affected areas based on a written estimate from a qualified contractor with experience
in wireless communication facilities removal. In establishing the amount of the security,
the Building Department shall take into consideration information provided by the permit
applicant regarding the cost of removal.
l. Permit Revocation. In accordance with Municipal Code Chapter 17.25 (Administrative
and Enforcement Procedures), the approval authority may recall this permit for review at
any time due to complaints about noncompliance with applicable laws or any approval
conditions attached to this permit. At a duly noticed public hearing and in accordance with
all applicable laws, the approval authority may revoke this permit or amend these
conditions as the approval authority deems necessary or appropriate to correct any such
noncompliance.
m. Record Retention. The permittee must maintain complete and accurate copies of all
permits and other regulatory approvals issued in connection with the wireless facility,
which includes without limitation this approval, the approved plans and photo simulations
9
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the event that
the permittee does not maintain such records as required in this condition, any
ambiguities or uncertainties that would be resolved through an inspection of the missing
records will be construed against the permittee. Records may be kept in electronic
format.
n. Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance for bodily injury and property damage, including
coverage for property/premises liability and completed operations, with limits acceptable
to the Director. The relevant policy or policies shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide thirty (30) days’ prior
notice to the City of to the cancellation or material modification of any applicable
insurance policy.
o. As-Built Drawings. The permittee shall submit an as-built drawing within ninety (90) days
after installation of the facility.
p. Conflicts with Improvements. For any portion of a facility located within the City right of
way, the permittee shall remove or relocate, at its expense and without expense to the
city, any or all of its facilities when such removal or relocation is deemed necessary by
the City by reason of any change of grade, alignment, or width of any right-of-way, for
installation of services, water pipes, drains, storm drains, power or signal lines, traffic
control devices, right-of-way improvements, or for any other construction, repair, or
improvement to the right-of-way.
q. Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior consent of
the owner of that structure, improvement, or property.
r. Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Article.
s. Encourage Colocation. Where the facility site is capable of accommodating a co-located
facility upon the same site in a manner consistent with the permit conditions for the
existing facility, the permittee shall allow co-location of third-party facilities, provided the
parties can mutually agree upon reasonable terms and conditions.
t. Abandonment. If a facility is not operated for a continuous period of 90 days, the wireless
encroachment permit and any other permit or approval therefor shall be deemed
abandoned and terminated automatically, unless before the end of the period (i) the
Director has determined that the facility has resumed operations, or (ii) the City has
received an application to transfer the permit to another service provider. No later than
[ninety (90) days] from the date the facility is determined to have ceased operation or the
permittee has notified the Director of its intent to vacate the site, the permittee shall
remove all equipment and improvements associated with the use and shall restore the
site to its original condition to the satisfaction of the Director. The permittee shall provide
written verification of the removal of the facilities within [thirty (30) days] of the date the
removal is completed. If the facility is not removed within [thirty (30) days] after the
permit has been discontinued pursuant to this subsection, the site shall be deemed to be
a nuisance, and the City may cause the facility to be removed at permittee’s expense or
by calling any bond or other financial assurance to pay for removal. If there are two (2) or
more users of a single facility or support structure, then this provision shall apply to the
specific elements or parts thereof that were abandoned, but will not be effective for the
entirety thereof until all users cease use thereof.
u. Master Lease or Master License Agreement. Macro cell facilities located on public
property shall enter into a Master Lease Agreement (MLA) with the City. Small cell
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facilities located on City-owned infrastructure in the public right-of-way shall enter into a
Master License Agreement (MLIA) with the City.
9. Permit Extension. If a permit has not expired at the time an application is made for an extension,
the Director may administratively extend the term of the permit for a subsequent 10-year term
upon verification of continued compliance with the findings and conditions of approval under
which the application was originally approved, as well as any other applicable provisions of the
Municipal Code that are in effect at the time the permit extension is considered.
10. Location and Configuration Preferences.
a. Purpose. The purpose of this section is to provide guidelines to applicants and the
reviewing authority regarding the preferred locations and configurations for wireless
communication facilities in the City, provided that nothing in this section shall be
construed to permit a wireless communication facility in any location or configuration that
it is otherwise prohibited by this section.
b. Review of Location and Configuration. The reviewing authority shall consider the extent
to which a proposed wireless communication facility complies with these preferences and
whether there are feasible alternative locations or configurations to the proposed facility
that are more preferred under this section. If the location or configuration of a proposed
facility qualifies for two or more categories of preferred locations or configurations, it shall
be deemed to belong to the least preferred category.
c. Collocation. New facilities should be collocated with existing facilities whenever feasible.
Where feasible, applicants are encouraged to collocate with other facilities such as light
standards, and other utility structures where the collocation will minimize the overall
visual impact. The applicant shall take reasonable measures to co-locate their wireless
communication facilities on existing towers or with or within existing ancillary support
equipment facilities prior to applying for new communication facility sites.
d. Order of Preference—Configurations. The order of preference for the configuration for
wireless communication facilities from most preferred to least preferred is:
(1) Collocations on roofs already containing roof-mounted wireless communication
facilities;
(2) New installations on existing roofs;
(3) Collocations with existing building-mounted wireless communication facilities,
which includes light standards and other utility structures;
(4) New installations on existing buildings, which includes light standards and other
utility structures;
(5) Collocations with existing wireless communication facilities on an existing pole or
utility pole;
(6) Collocations with existing wireless communication facilities on electric transmission
towers;
(7) Collocations with existing freestanding wireless communication facilities;
(8) New installations on an existing pole or utility pole;
(9) New installation on a new pole or utility pole;
(10) New installations on existing electric transmission towers; and
(11) New freestanding wireless towers.
e. Order of Preference—Location. The order of preference for the location of wireless
communications facilities from most preferred to least preferred is:
(1) City-owned property or structures outside the public rights-of-way;
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(2) City-owned property and the public rights-of-way adjacent to non-residential zoning
districts;
(3) The Public Institutional (PI) zone;
(4) Industrial zones;
(5) Commercial zones;
(6) Mixed-use zones;
(7) Open spaces;
(8) Public rights of way adjacent to residential zoning districts.; and
(9) Residential zones.
f. Accessory Equipment. In order of preference from most preferred to least preferred,
accessory equipment for wireless communications facilities shall be:
(1) Within a building or structure
(2) Located underground
(3) In a rear yard if not readily visible from surrounding properties and the roadway,
and
(4) On a screened roof top area or structure.
(5) Any other location.
11. Development Standards and Regulations for all Wireless Communication Facilities.
a. Basic Requirements. The design and development standards set forth in this section
apply to all wireless communications facilities no matter where they are located. Wireless
communications facilities shall be designed and maintained so as to minimize visual,
noise, and other impacts on the surrounding community and shall be planned, designed,
located, and erected in accordance with the design and development standards in this
section.
b. Antennas. Antenna elements shall be flush mounted, to the extent reasonably feasible.
All antenna mounts shall be designed so as not to preclude possible future collocation by
the same or other operators or carriers. Antennas shall be situated as to reduce visual
impact without compromising their function. Whip antennas need not be screened.
c. Colors and materials. All antennas, poles, towers, or equipment, including ancillary
support equipment, shall have a non-reflective finish and shall be painted or otherwise
treated to match or blend with the primary background and minimize visual impacts.
Antennas attached to a building shall be painted or otherwise treated to match the
exterior of the building or the antenna's background color. All ground-mounted equipment
shall be covered with a clear anti-graffiti type material of a type approved by the Director
or shall be adequately secured to prevent graffiti.
d. Signage; Advertisements.
(1) All wireless communication facilities must include signage that accurately identifies
basic contact and facility/site information. The applicant/operator shall notify city of
any changes to the information submitted within thirty days of any change,
including change of the name or legal status of the owner or operator. This
information shall include, but is not limited to the following:
(a) Identity, including name, address, and telephone number, and legal status of
the owner of the facility including official identification numbers and FCC
certification, and if different from the owner, the identity and legal status of the
person or entity responsible for operating the facility;
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(b) Name, address and telephone number of a local contact person for
emergencies; and
(c) Type of service provided. Identification signs, including emergency phone
numbers of the utility provider, shall be posted at all communication facility
sites.
(2) Wireless communication facilities may not bear any other signage or
advertisements unless expressly approved by the City, required by law or
recommended under FCC or other United States governmental agencies for
compliance with RF emissions regulations.
e. Lighting. No wireless communications facility may include artificial lighting unless either
specifically required by the Federal Aviation Administration (FAA) or other government
agency. Legally required lightning arresters and beacons shall be included when
calculating the height of facilities such as telecommunications towers, lattice towers, and
monopoles.
f. Noise.
(1) Each wireless communications facility shall be operated in such a manner so as to
minimize any possible disruption caused by noise.
(2) Backup generators shall only be operated during periods of power outages and
shall not be tested on weekends, holidays, or between the hours of 5:00 p.m. and
7:00 a.m.
(3) Each wireless communications facility shall comply with the applicable noise
requirements contained in Chapters 9.44 and 17.12.
(4) Any equipment, including, but not limited to, air conditioning units, that may emit
noise that would be audible from beyond three feet from the wireless
communications facility in the case of a facility located in the right-of-way, or in the
case of other facilities the facility’s property line, shall be enclosed or equipped with
noise attenuation devices to the extent necessary to ensure compliance with
applicable noise limitations under the Rohnert Park Municipal Code.
g. Security. Each wireless communications facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other
conditions that would result in hazardous situations, visual blight, or attractive nuisances.
The approval authority may require the provision of warning signs, fencing, anti-climbing
devices, or other techniques to prevent unauthorized access and vandalism when,
because of their location or accessibility, a facility has the potential to become an
attractive nuisance. Site security measures must be designed to enhance concealment to
the maximum extent possible, such as installing equipment within an enclosure designed
to mimic a trash-can corral rather than within a chain link fence.
h. Backup Power Sources.
(1) All backup power supplies (e.g., generators) shall be located within an equipment
enclosure.
(2) The approval authority shall not approve any diesel generators or other similarly
noisy or noxious generators in or within 250 feet from any residence; provided,
however, the approval authority may approve sockets or other connections used for
temporary connection to backup generators.
(3) The City strongly disfavors backup power sources mounted on the ground or on
poles within the public rights-of-way.
i. Future Collocations and Equipment. To the extent feasible, all new wireless
communication facilities should be designed and sited in a manner that accommodates
potential future collocations and equipment installations that can be integrated with the
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proposed wireless facility or its associated structures with no or negligible visual changes
to the outward appearance.
j. Utilities. All cables and connectors for telephone, primary electric and other similar
utilities must be routed underground in conduits large enough to accommodate future
collocated wireless communication facilities. Meters, panels, disconnect switches and
other associated improvements must be placed in inconspicuous locations to the extent
possible. The approval authority shall not approve new overhead utility lines or service
drops merely because compliance with the undergrounding requirements would increase
the project cost.
k. Electromagnetic and Radiofrequency Radiation. The applicant shall provide certification
by a duly licensed engineer that the proposed facility will at all times comply with all
applicable health requirements and standards pertaining to electromagnetic and/or radio
frequency radiation established by the FCC.
l. Interference. Interference with city communication systems is prohibited. All proposed
facility applications shall include reports, as required by the Department of Public Safety,
to evaluate for potential interference (e.g., HF, UHF, VHF, eight hundred mHz).
m. Compliance with Laws. All wireless communication facilities must be designed and sited
in compliance with all applicable:
(1) Federal, state and local laws, regulations, rules, restrictions and conditions, which
include without limitation regulations established by the FCC, FAA, CPUC, the
California Building Standards Code, and the Municipal Code;
(2) Applicable requirements in the Rohnert Park General Plan and any applicable
specific plan; and
(3) Any conditions or restrictions in any permit or other governmental approval issued
by any public agency with jurisdiction over the facility.
n. Modification. At the time of modification of a wireless communications facility, 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.
o. City Council Resolution. All new wireless facilities and collocations, modifications, or
other changes to existing wireless facilities must conform to any design and development
standards adopted by resolution of the City Council.
p. Administrative Design Guidelines. The Director may develop and from time-to-time
amend design guidelines, consistent with the generally applicable development
standards and any facility-specific development standards, to clarify the standards in this
section for City staff, applicants and the public. The Director shall publish such
guidelines in advance of their effective date.
12. Development Standards and Regulations for all Wireless Communication Facilities Located
Outside of the Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities), all new wireless
communication facilities located outside of the public right-of-way that are not an eligible
facilities request or a colocation facility subject to California Government Code Section
65850.6 must conform to the requirements in this subsection.
b. Macrocell Facility Separation and Location Requirements. Macrocell facilities must be
separated as follows:
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Minimum Distance from a Macrocell Facility to a:
Macrocell Facility on the Same Parcel* Macrocell Facility on Another Parcel
50 feet 1,000 feet
* Applicants must demonstrate that a new facility will not interfere with existing facilities
nearby and must be visually compatible with nearby facilities.
c. Maximum Number of Macrocell Facilities Per Parcel. A maximum of four macrocell
facilities may be installed on a parcel.
d. Concealment. Wireless communication facilities must incorporate concealment elements,
measures and techniques that blend the equipment and other improvements into or
screen the facilities from the natural and/or built environment in a manner consistent
and/or compatible with the uses germane to the underlying zoning district and existing in
the immediate vicinity. Concealment methods may include:
(1) A facility mimicking a native tree species or a rock outcrop in an open space or
hillside location where other natural elements exist to provide effective
camouflaging and/or concealment;
(2) Locating a facility on a building’s roof, possibly in conjunction with a parapet, a
tower, or a similar architectural element, to obscure its appearance from the
adjoining public right-of-way(s);
(3) Painting and/or covering a building-mounted facility to match the appearance of the
building.
e. Landscaping.
(1) All new macrocell facilities and any ground mounted wireless facilities not in the
public right-of-way must include a landscape plan when proposed to be placed in a
landscaped area. The landscape plan must include existing vegetation, vegetation
proposed to be removed or trimmed, and identification of proposed landscaping by
species type, size, and location. All plants proposed must be fire safe, native and/or
drought-resistant. Landscape plans shall include site features, such as use of
vegetation or rock outcrop, designed to screen such facilities from public view or
from view of adjacent properties.
f. Parking; Access. Any equipment or improvements constructed or installed in connection
with any wireless communication facilities must not reduce any parking spaces below the
minimum requirement for the subject property. Whenever feasible, wireless
communication facilities should use existing parking and access rather than construct
new parking or access improvements. Any new parking or access improvements should
be the minimum size necessary to reasonably accommodate the proposed use. New
parking or access improvements shall be prohibited in the Open Space for Agriculture
and Resource Management and Open Space for Environmental Conservation districts.
g. Accessory Equipment. Accessory equipment located within the front or side yard shall be
located to be screened by landscaping and placed in close proximity to existing above
ground utilities (such as electrical tower or utility poles), light poles, trees of comparable
height, water tanks, and other areas where the ground mounted facility will not detract
from the image or appearance of the city.
13. Development Standards for Freestanding Wireless Communication Facilities Located Outside of
the Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities) and Subsection 12
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(Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way), all new freestanding wireless
communication facilities located outside of the public right-of-way that are not an eligible
facilities request or a colocation facility subject to California Government Code Section
65850.6 must conform to the requirements in this subsection.
b. Monopoles and Towers.
(1) All monopoles and towers shall be concealed or screened to reduce their visual
presence.
(2) Monopoles concealed by artificial foliage (i.e., tree monopole, monopine, etc.) must
match the appearance of natural tree species that appears in the city.
c. Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to
the vertical support structure as possible to reduce its overall visual profile. Applicants
must mount non-antenna, tower-mounted equipment (including, but not limited to, remote
radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the
antennas to the maximum extent feasible. All tower-mounted equipment, cables and
hardware must be painted with flat colors subject to the approval authority’s prior
approval.
d. Ground-Mounted Equipment; Shelters. All ground-mounted equipment must be
concealed underground or within an existing or new structure, opaque fences, or other
enclosures subject to the approval authority’s prior approval. Ground mounted enclosures
shall incorporate concealment elements to blend the ground-mounted equipment and
other improvements into the natural and/or built environment.
e. Height.
(1) All freestanding wireless communication facilities shall be of a minimum functional
height. The maximum heights for these facilities in different locations throughout
the city area as follows:
In a District with a Maximum
Height of 35 feet
In a District with a Maximum Height that Exceeds 35 feet
Adjacent to a Residential Zone Adjacent to Other Zones
35 feet1,2 65 feet1,3 75 feet3
Footnotes:
1. Facilities located adjacent to residentially zoned properties shall be setback at a ratio of two horizontal feet for
every one-foot in height and shall not be readily visible from the nearest residentially zoned property.
2. Facilities may exceed by eight feet the maximum permitted height in the underlying zoning district by conditional
use permit
3. Facilities that exceed 35 feet in height require conditional use permit approval.
f. Setbacks.
(1) All freestanding wireless communication facilities shall be setback from any
property line by a minimum of twenty-five feet or the zone’s required setback,
whichever is greater.
(2) Towers and antennas shall be setback at a ratio of two horizontal feet for every one
foot in height and shall be screened and/or concealed from the nearest residentially
zoned property.
g. Screening. All freestanding wireless communication facilities shall be sited to be
screened by existing development, topography, or vegetation, to the extent feasible.
Ground mounted facilities are encouraged to be located within buildings, underground, or
in areas where substantial screening by existing buildings or vegetation can be achieved.
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14. Development Standards and Regulations for Building-Mounted Wireless Communication
Facilities.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities) and Subsection 12
(Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way), all new building-mounted wireless
communication facilities that are not an eligible facilities request or a colocation facility
subject to California Government Code Section 65850.6 must conform to the
requirements in this section.
b. Preferred Concealment Techniques. All applicants should, to the extent feasible, propose
wireless communication facilities that are completely concealed and architecturally
integrated into the existing facade or rooftop features with no visible impacts from any
publicly accessible areas at ground level (examples include, but are not limited to,
antennas behind existing parapet walls or facades replaced with RF-transparent material
and finished to mimic the replaced materials). Alternatively, when integration with existing
building features is not feasible, the applicant should propose completely concealed new
structures or appurtenances designed to mimic the support structure’s original
architecture and proportions (examples include, but are not limited to, cupolas, steeples,
chimneys, and water tanks). Facilities must be located behind existing parapet walls or
other existing screening elements to the maximum extent feasible.
c. Facade-Mounted Equipment. When wireless communication facilities cannot be placed
behind existing parapet walls or other existing screening elements, the approval authority
may approve facade-mounted equipment in accordance with this section. All facade-
mounted equipment must be concealed behind screen walls and mounted as flush to the
facade as practicable. The approval authority may not approve “pop-out” screen boxes
unless the design is architecturally consistent with the original building or support
structure. The approval authority may not approve any exposed facade-mounted
antennas, including but not limited to exposed antennas painted to match the facade. To
the extent feasible, facade-mounted equipment must be installed on the facade(s) along
the building frontage that is the least prominent or publicly visible.
d. Rooftop-Mounted Equipment.
(1) Rooftop-mounted equipment must be screened from public view with concealment
measures that match the underlying structure in proportion, quality, architectural
style and finish. The approval authority may approve unscreened rooftop
equipment only when it expressly finds that such equipment is effectively
concealed due to its low height and/or setback from the roofline.
(2) Rooftop-mounted equipment must be setback from the nearest roof edge(s) by a
minimum of ten feet or distance equivalent to the facility’s height, whichever is
greater.
e. Height.
(1) Building mounted wireless communication facilities shall generally not exceed
fifteen feet above the maximum height for that zoning district.
(2) Antennas mounted on the side of a building shall not extend above the top of the
building parapet or eave line.
15. Development Standards and Regulations for Wireless Communication Facilities Located in the
Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities), all new and
substantially changed wireless communication facilities located within the public right-of-
way and that are not an eligible facilities request or a colocation facility subject to
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California Government Code Section 65850.6 must conform to the requirements in this
section.
b. Antennas.
(1) Utility Poles. The maximum height of any antenna mounted to an existing utility
pole shall not exceed 24 inches above the height of an existing utility pole, nor shall
any portion of the antenna or equipment mounted on a pole be less than 18 feet
above any drivable road surface. All installations on utility poles shall fully comply
with the California Public Utilities Commission general orders, including, but not
limited to, General Order 95, as revised.
(2) Street Light Poles. The maximum height of any antenna mounted to a street light
pole shall not exceed seven feet above the existing height of a street light pole in or
adjacent to a non-residential zoning district and shall not exceed three feet above
the existing height of a street light pole in or adjacent to any other zoning district.
Any portion of the antenna or equipment mounted on such a pole shall be no less
than 18 feet above any drivable road surface.
c. Poles.
(1) Only pole-mounted antennas shall be permitted in the public right-of-way. All other
telecommunications towers shall be prohibited, and no new pole installations for
the purpose of installing a wireless facility shall be permitted that are not replacing
an existing pole.
(2) Pole height and width limitations:
(a) All poles shall be designed to be the minimum functional height and width
required to support the proposed antenna installation and meet FCC
requirements. Poles and antennas and similar structures shall be no greater in
diameter or other cross-sectional dimensions than is necessary for the proper
functioning of the facility.
(b) Notwithstanding the above, no facility shall be located on a pole that is less
than 26 feet in height.
(c) Pole-mounted equipment must be mounted as close to the pole as possible to
reduce its overall visual profile, and shall not exceed six cubic feet in
dimension.
(3) If an applicant proposes to replace a pole in order to accommodate the facility, the
pole shall match the appearance of the original pole to the extent feasible, unless
another design better accomplishes the objectives of this section. Such
replacement pole shall not exceed the height of the pole it is replacing by more
than seven feet.
(4) If a limited waiver pursuant to Section 7.c is granted for placement of new poles in
the right-of-way, new poles shall be designed to resemble existing poles in the
right-of-way, including size, height, color, materials and style, with the exception of
any existing pole designs that are scheduled to be removed and not replaced,
unless another design better accomplishes the objectives of this section. Such new
poles that are not replacement poles shall be located no closer than 90 feet to an
existing pole.
d. Space Occupied. Facilities shall be designed to occupy the least amount of space in the
right-of-way that is technically feasible.
e. Location.
(1) Each component part of a facility 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 right-of-way, or safety hazards to pedestrians and motorists.
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(2) A facility shall not be located within any portion of the public right-of-way interfering
with access to fire hydrants, fire stations, fire escapes, water valves, underground
vaults, valve housing structures, or any other vital public health and safety facility.
(3) Pole-mounted equipment, above-ground accessory equipment, or walls, fences,
landscaping or other screening methods shall be setback a minimum of 18 inches
from the front of a curb.
(4) All pole-mounted equipment and required or permitted signage must face toward
the street or otherwise placed to minimize visibility from adjacent sidewalks and
structures.
(5) All new wires needed to service the wireless communications facility must be
installed within the width of the existing utility pole so as to not exceed the diameter
and height of the existing utility pole.
f. Accessory Equipment. With the exception of the electric meter, which shall be pole-
mounted to the extent feasible, all accessory equipment shall be located underground to
the extent feasible. When above-ground is the only feasible location for a particular type
of accessory equipment and when such accessory equipment cannot be pole-mounted,
such accessory equipment shall be enclosed within a structure, and shall not exceed a
height of five feet and a total footprint of 15 square feet, and shall be screened and
camouflaged to the fullest extent possible, including the use of landscaping or alternate
screening. Required electrical meter cabinets shall be adequately screened and
camouflaged.
g. Concealment. All wireless communication facilities in the right-of-way must be concealed
to the maximum extent feasible with design elements and techniques that mimic or blend
with the underlying support structure, surrounding environment and adjacent uses. In
addition, wireless communication facilities in the rights-of-way may not unreasonably
subject the public use, for any purpose including expressive or aesthetic purposes, to
inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.
h. Americans with Disabilities Act Compliance. All facilities shall be built and located in
compliance with the Americans with Disabilities Act (ADA) and any applicable state law
accessibility standards.
i. Documentation. The applicant shall provide documentation satisfactory to the Director
establishing compliance with this section.
16. Temporary Wireless Communication Facilities.
a. General Requirements for Temporary Wireless Communication Facilities. Except as
provided in Section 16.b (Temporary Wireless Communication Facilities for
Emergencies), the requirements, procedures and standards in this subsection shall be
applicable to all applications for a temporary conditional use permit for a temporary
wireless facility.
(1) Applications for Temporary Wireless Communication Facilities. The Director shall
not approve any temporary wireless facility subject to a temporary conditional use
permit except upon a duly filed application and any other written application
requirements or procedures the Director may publish in any publicly-stated format.
An application must include the information required by Section 17.25.041
(Application) and the following additional information:
(a) A site plan that shows the proposed temporary wireless facility and its
equipment, physical dimensions and placement on the proposed site relative
to property lines and existing structures; and
(b) An RF compliance report demonstrating compliance with applicable FCC
regulations.
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(2) Review of Temporary Wireless Communication Facilities. Temporary conditional
use permit applications for temporary wireless communication facilities are subject
to the review process described in Section 17.25.043 (Decision/appeal).
(3) Required Findings for Temporary Wireless Communication Facilities. The Director
may approve or conditionally approve a temporary use permit for a temporary
wireless facility only when the Director finds all of the following:
(a) The facility meets the findings required for all temporary conditional use
permits listed in Section 17.25.042 (Findings/conditions);
(b) The proposed temporary wireless facility will not exceed 50 feet in overall
height above ground level;
(c) The proposed temporary wireless facility will be placed as far away from
adjacent property lines as possible, or otherwise in a location that will be least
likely to cause adverse impacts on adjacent properties; and
(d) Any excavation or ground disturbance associated with the temporary facility
will not exceed two feet below grade;
(e) The proposed temporary wireless facility will be compliant with all generally
applicable public health and safety laws and regulations, which includes
without limitation compliance with maximum permissible exposure limits for
human exposure to RF emissions established by the FCC;
(f) The proposed temporary wireless facility will not create any nuisance or
violate any noise limits applicable to the proposed location;
(g) The proposed temporary wireless facility will be identified with a sign that
clearly identifies the (i) site operator, (ii) the operator’s site identification name
or number and (iii) a working telephone number answered 24 hours per day,
seven days per week by a live person who can exert power-down control over
the antennas;
(h) The proposed temporary wireless facility will be removed within 30 days after
the Director grants the temporary use permit, or such longer time as the
Director finds reasonably related to the applicant’s need or purpose for the
temporary wireless facility (but in no case longer than 90 days); and
(i) The applicant has not been denied a use permit for any permanent wireless
facility in the same or substantially the same location within the previous 365
days.
(4) Appeals for Temporary Wireless Communication Facilities. The appeal of
temporary conditional use permit determinations for temporary wireless
communication facilities are subject to the review process described in Section
17.25.043 (Decision/appeal).
b. Temporary Wireless Communication Facilities for Emergencies. Temporary wireless
communication facilities may be placed and operated within the City without a temporary
use permit only when a duly authorized federal, state, county or City official declares an
emergency within a region that includes the City in whole or in part. Any temporary
wireless communication facilities placed pursuant to this section must be removed within
15 days after the date the emergency is lifted. Any person or entity that places temporary
wireless communication facilities pursuant to this section must send a written notice that
identifies the site location and person responsible for its operation to the Director as soon
as reasonably practicable.
17. Eligible Facility Requests and Collocation Facility Requests Pursuant to California Government
Code Section 65850.6.
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a. Applicability. This subsection applies to all collocations or modifications to an eligible
facilities request.
b. Approval Required. An eligible facilities request shall be subject to the Director’s
approval, conditional approval or denial without prejudice pursuant to the standards and
procedures contained in this subsection.
c. Other Regulatory Approvals. Approval granted under this subsection shall remain subject
to any and all lawful conditions or requirements associated with such other permits or
regulatory approvals from the City and state or federal agencies.
d. Application Requirement. The City shall not approve any eligible facilities request except
upon a duly filed application consistent with this section and any other written rules the
City or the Director may establish from time to time consistent with applicable federal law.
The applicant shall provide a written statement that explains in plain factual detail the
basis under which the proposed project qualifies as an eligible facilities request. As part
of this written statement the applicant must also explain in detail and provide evidence
that: (a) the support structure qualifies as an existing tower or existing base station; and
(b) the proposed collocation or modification does not cause a substantial change, as
defined in 47 C.F.R. 1.6100(b)(7), to an eligible support structure. Bare conclusions
without factual support shall not meet the requirements of this subsection. An application
for a wireless communications collocation facility under California Government Code
Section 65850.6(a) shall be processed in the same manner as an application for an
eligible facilities request is processed, except that where the process requires justification
for the approval of an eligible facilities request, the applicant shall instead provide the
justification for a collocation facility under California Government Code Section
65850.6(a), and shall also describe or depict the wireless communications collocation
facility as built and the proposed colocation facility at full build-out, including, but not
limited to, all antennas, antenna support structures, and accessory equipment.
e. Pre-Submittal Conference. Before application submittal, applicants are encouraged to
schedule and attend a pre-application meeting with the Director for all proposed
modifications submitted for approval.
f. Administrative Review. The Director shall administratively review an application for an
eligible facilities request and act on such an application without prior notice or a public
hearing within the time periods required pursuant to applicable FCC regulations, including
47 C.F.R. 1.6001(c)(3).
g. Required Findings for approval of an eligible facilities request. The approval authority
shall approve or conditionally approve an application submitted for an eligible facilities
request when the approval authority finds that the proposed project qualifies as an
eligible facilities request, and does not result in a substantial change to an eligible
support structure, as set forth in 47 C.F.R. 1.6100(b)(7).
h. Required Findings for approval of an collocation facility under 65850.6. The approval
authority shall approve or conditionally approve an application submitted for a collocation
facility under 65850.6 if:
(1) The wireless telecommunications collocation facility that will host the proposed
collocation facility:
(a) Was approved after January 1, 2007, by discretionary permit;
(b) Was approved subject to an environmental impact report, negative
declaration, or mitigated negative declaration;
(2) The proposed colocation facility incorporates all required mitigation measures in
the applicable environmental document for the wireless telecommunications
colocation facility; and
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(3) The proposed colocation facility complies with all conditions of approval in the
original wireless telecommunications collocation facility permit, including all
standards for height, location, bulk, size and types of wireless telecommunication
facilities allowed for a colocation facility.
i. Supplemental Conditions of Approval. In addition to all other conditions set forth in
subsection 8, all approvals for an eligible facility request shall be subject to the following
supplemental conditions set forth in this subsection:
(1) Permit Term. The City’s grant or grant by operation of law of a permit for an eligible
facilities request constitutes a federally-mandated modification to the underlying
permit or other prior regulatory authorization for the subject tower or base station.
The City’s grant or grant by operation of law of such approval does not extend the
permit term, if any, for any underlying permit, or other underlying prior regulatory
authorization. Accordingly, the term for any permit issued for an eligible facilities
request shall be coterminous with the underlying permit or other prior regulatory
authorization for the subject tower or base station.
(2) Accelerated Permit Terms Due to Invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 or any FCC regulation that interprets
Section 6409 such that federal law would no longer mandate approval for eligible
facilities requests, all permits for eligible facility requests shall automatically expire
one year from the effective date of the judicial order, unless the decision would not
authorize the termination of previously approved eligible facility request permits or
the Director grants an extension until the end of the original permit term upon
written request from the permittee that demonstrates good cause for the extension,
which includes, without limitation, extreme financial hardship or that permit
invalidation is prohibited under other applicable state or federal law. A permittee
shall not be required to remove its improvements approved under the invalidated
approval when it has submitted an application for an appropriate permit for those
improvements before the one-year period ends.
(3) No Waiver of Standing. The City’s grant or grant by operation of law of an approval
for an eligible facilities request does not waive, and shall not be construed to waive,
any standing by the City to challenge Section 6409 or any FCC rules that interpret
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012.
18. Supplemental Conditions for Small Cell Facilities. In addition to the conditions provided in
subsection 8 of this section and any supplemental conditions imposed by the approval authority,
all permits for a small cell facility shall be subject to the following condition, unless modified by
the approval authority:
a. No waiver of standing. The city’s grant of a permit for a small cell facility does not waive,
and shall not be construed to waive, any standing by the city to challenge any FCC
orders or rules related to small cell facilities, or any modification to those FCC orders or
rules.
19. Operation and Maintenance Standards.
a. All wireless communication facilities must comply at all times with the following operation
and maintenance standards. All necessary repairs and restoration shall be completed by
the permittee, owner, or operator within 48 hours:
(1) After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
(2) After permittee, owner, operator, or any designated maintenance agent receives
notification from a resident or the Director.
22
b. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial camouflage, and the facility
site shall be maintained in good condition, including ensuring the facilities are reasonably
free of:
(1) General dirt and grease;
(2) Chipped, faded, peeling, and cracked paint;
(3) Rust and corrosion;
(4) Cracks, dents, and discoloration;
(5) Missing, discolored, or damaged artificial foliage, or other camouflage;
(6) Graffiti, bills, stickers, advertisements, litter, and debris;
(7) Vandalism;
(8) Broken and misshapen structural parts; and
(9) Any damage from any cause.
Any damage from any cause shall be repaired as soon as reasonably possible so as to
minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed
from any facility or equipment as soon as practicable, and in no instances more than
forty-eight hours from the time of notification by the city.
c. All trees, foliage, or other landscaping elements approved as part of the facility shall be
maintained in good condition at all times in accordance with the approved landscape
plan, and the permittee, owner and operator of the facility shall be responsible for
replacing any damaged, dead or decayed landscaping as promptly as reasonable
possible. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director or designee.
d. Monopoles concealed by foliage must be maintained over time to provide for the
continuing concealment of the facility. Replacement leaves and branches must match the
color and architecture of the existing foliage.
e. The permittee shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was in at the
time of installation.
f. Each facility shall be operated and maintained at all times in compliance with applicable
federal regulations, including FCC radio frequency emissions standards.
g. Each facility shall be operated and maintained to comply at all times with the noise
regulations of this section and shall be operated and maintained in a manner that will
minimize noise impacts to surrounding residents. Except for emergency repairs, any
testing and maintenance activities that will be audible beyond the property line shall only
occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday,
excluding holidays, unless alternative hours are approved by the Director. Backup
generators, if permitted, shall only be operated during periods of power outages, and
shall not be tested on weekends or holidays, or between the hours of 10 p.m. and 7 a.m.
on weekday nights. At no time shall equipment noise from any source exceed an exterior
noise level of sixty dB at the property line.
h. Each facility shall not interfere with city communication systems.
i. If a flagpole is used for camouflaging a wireless communications facility, flags shall be
flown and shall be properly maintained at all times.
j. Each owner or operator of a facility shall routinely inspect each site to ensure compliance
with the standards set forth in this section and the conditions of approval.
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20. Cessation of Use or Abandonment.
a. A wireless communications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless communications services for
90 or more consecutive days.
b. The operator of a facility shall notify the City in writing of its intent to abandon or cease
use of a permitted site or a nonconforming site (including unpermitted sites) within 30
days of ceasing or abandoning use. For facilities to be located on public property, this
removal requirement, and appropriate bonding requirement, shall be included within the
terms of the lease. For facilities to be located on private property, since the subject
property owner may be held responsible for removal of the equipment, the terms of
private leases are encouraged to include the equipment removal as a provision of the
lease.
21. Removal and Restoration, Permit Expiration, Revocation or Abandonment.
a. Permittee’s Removal Obligation. Upon the expiration date of the permit, including any
extensions, earlier termination or revocation of the permit or abandonment of the facility,
the permittee, owner or operator shall remove its wireless communications facility and
restore the site to its natural condition except for retaining the landscaping improvements
and any other improvements at the discretion of the City. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and regulations of
the City. The facility shall be removed from the property within 30 days, at no cost or
expense to the City. If the facility is located on private property, the private property
owner shall also be independently responsible for the expense of timely removal and
restoration.
b. Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its
facility and restore the property within 30 days after expiration, earlier termination, or
revocation of the permit, or abandonment of the facility, shall be a violation of the
Municipal Code, and be grounds for:
(1) Prosecution;
(2) Calling of any bond or other assurance required by this section or conditions of
approval of permit;
(3) Removal of the facilities by the City in accordance with the procedures established
under the Municipal Code for abatement of a public nuisance at the owner’s
expense; and/or
(4) Any other remedies permitted under the Rohnert Park Municipal Code.
c. Removal of Facilities by City. In the event the City removes a facility in accordance with
nuisance abatement procedures or summary removal, any such removal shall be without
any liability to the City for any damage to such facility that may result from reasonable
efforts of removal. In addition to the procedures for recovering costs of nuisance
abatement, the City may collect such costs from the performance bond posted and to the
extent such costs exceed the amount of the performance bond, collect those excess
costs in accordance with the Rohnert Park Municipal Code. Unless otherwise provided
herein, the City has no obligation to store such facility. Neither the permittee nor the
owner nor operator shall have any claim if the City destroys any such facility not timely
removed by the permittee, owner, or operator after notice, or removed by the City due to
exigent circumstances.
22. Definitions. For the purposes of this section, the following words, phrases, and terms shall have
the meanings set forth herein. Words not defined shall be given their common and ordinary
meaning.
a. “Accessory equipment” means any equipment associated with the installation of a
wireless communications facility, including, but not limited to, cabling, generators, air
24
conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment
buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
b. “Antenna” means that part of a wireless communications facility designed to radiate or
receive radio frequency signals or electromagnetic waves for the provision of services,
including, but not limited to, cellular, paging, personal communications services (PCS)
and microwave communications. Such devices include, but are not limited to, directional
antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional
antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points.
c. “Approval authority” means the City official, commission, or governing entity responsible
for review of permit applications and vested with the authority to approve or deny such
applications. The approval authority for a conditional use permit is the Planning
Commission or, on appeal, the City Council. The approval authority for an administrative
permit or temporary use permit is the Director, or on appeal, the Planning Commission,
unless the administrative permit is for an eligible facilities request or approval for
collocation pursuant to California Government Code Section 65850.6, in which case the
appeal shall be considered by the City Manager.
d. “Base station” means “base station” as defined in 47 C.F.R. Section 1.6100(b)(2), as
may be amended.
e. “Building-mounted” means mounted to the side or façade, but not the roof, of a building
or another structure such as a water tank, pump station, church steeple, freestanding
sign, or similar structure.
f. “Cellular” means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring cell sites.
g. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2)
as may be amended.
h. "Communication facility" means an unstaffed facility, generally consisting of antennas,
and equipment cabinet or structure, and related equipment, which receives and/or
transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
i. “CPCN” means a “Certificate of Public Convenience and Necessity” granted by the
CPUC or its duly appointed successor agency pursuant to California Public Utilities Code
§§ 1001 et seq., as may be amended.
j. “CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, § 5, or it’s duly appointed successor agency.
k. “Director” means the Director of the Development Services Department of the City of
Rohnert Park, or the Director’s designee.
l. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(3), as may be amended.
m. “Eligible support structure” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(4), as may be amended.
n. "Equipment cabinet" means a cabinet or structure used to house equipment associated
with a wireless, hard wire, or cable communication facility.
o. “Existing” means the same as defined by the FCC in 47 C.F.R. Section 1.6100, as may
be amended, which provides that a constructed tower or base station is existing for
purposes of the FCC’s Section 6409 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.
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p. “FCC” means the Federal Communications Commission or its duly appointed successor
agency.
q. “FCC Shot Clock” means the reasonable time frame within which the City generally must
act on a given wireless application as set forth in 47 C.F.R. section 1.6003, as may be
amended.
r. “Light Standard” means a raised light source, supported by a concrete, metal, or wood
pole, located on the edge of a sidewalk, street, and/or pathway.
s. “Macrocell facility” is any proposed personal wireless service facility that does not meet
the definition of a “small wireless facility,” as defined in 47 C.F.R. 1.6002(l), and that
does not meet the definition of an eligible facilities request under 47 C.F.R. Section
1.6100(b)(3).
t. “Modification” means any change to an existing wireless communications facility that
involves any of the following: collocation, expansion, modification, alteration,
enlargement, intensification, reduction, or augmentation, including, but not limited to, a
change in size, shape, color, visual design, or exterior material. 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.
u. “Monopole” means a structure consisting of a single pole used to support antennas or
related equipment and includes a monopine, monoredwood, and similar monopoles
camouflaged to resemble trees or other objects.
v. “OTARD device” means any antenna or mast meeting the requirements set forth in 47
C.F.R. §§ 1.4000(a)(1)(i)–(iv).
w. “Personal wireless services” means the same as defined in 47 U.S.C. Section
332(c)(7)(C)(i), as may be amended.
x. “Personal wireless service facility” means a facility that is used to provide personal
wireless services.
y. “Pole” means 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 the Municipal Code.
z. “Public right-of-way or “right-of-way” means any public street, public way, public alley or
public place, laid out or dedicated, and the space on, above or below it, and all
extensions thereof, and additions thereto, under the jurisdiction of the City.
aa. “RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in
the electromagnetic spectrum range.
bb. “Roof-mounted” means mounted directly on the roof of any building or structure, above
the eave line of such building or structure.
cc. "Service provider" means any authorized provider of personal wireless services to end
users.
dd. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as may
be amended, which provides that for towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site, and, 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.
ee. “Small cell facility” shall have the same meaning as “small wireless facility” in 47 C.F.R.
1.6002(l), or any successor provision (which is a personal wireless services facility that
meets the following conditions that, solely for convenience, have been set forth below):
26
(1) The facility—
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47
C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent
structures, or
(iii) does not extend an existing structure on which it is located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), 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. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of
the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
ff. “Substantial change” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(7), as may be amended
gg. “Telecommunications tower” or "tower" means 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 personal wireless 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. This definition does not include utility poles.
hh. “Temporary wireless communication facilities” means portable wireless communication
facilities intended or used to provide personal wireless services on a temporary or
emergency basis, such as a large-scale special event in which more users than usual
gather in a confined location or when a disaster disables permanent wireless
communication facilities. Temporary wireless communication facilities include, without
limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks
(“COLTs”) or other similarly portable wireless communication facilities not permanently
affixed to site on which is located.
ii. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(8), as may be amended, which defines that term as equipment that facilitates
transmission for any FCC-licensed or authorized wireless communication 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.
jj. “Utility pole” means a pole or tower owned by any utility company that is primarily used to
support wires or cables necessary to the provision of electrical, phone or other utility
services. A tower is not a utility pole.
kk. “Wireless” or “Wireless services” means personal wireless service, as defined in 47
U.S.C. Section 332(c)(7)(C)(i).
27
ll. “Wireless communication facility” or “Wireless telecommunication facility” means any
facility constructed, installed, or operated for personal wireless service, as defined in 47
U.S.C. Section 332(c)(7)(C)(i), and includes, but is not limited to, antennas or other types
of equipment for the transmission or receipt of such signals, telecommunications towers
or similar structures supporting such equipment, related accessory equipment, equipment
buildings, parking areas, and other accessory development. “Wireless
telecommunications facility” specificall y excludes the following:
(1) 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.
(2) Any OTARD device.
(3) 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.
28
New footnote in Section 17.07.20:
F. AMATEUR RADIO SERVICE INSTALLATIONS.
1. Purpose. The purpose of this section is to regulate amateur radio service facilities subject to
licensing by the FCC, in a manner consistent with FCC regulation 47 C.F.R. section 97.15
and California Government Code section 65850.3. The city finds that regulation of the size,
location, height and screening of antennas is necessary for the preservation of the health, safety
and welfare of the community. More stringent regulation of antennas is necessary in residential
areas compared to nonresidential areas in order to preserve the appearance of the community.
2. Amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a
“HAM” radio transmission), including antenna structures, shall be considered a permitted use,
provided there is no more than one antenna structure on a single parcel and the antenna
structure does not exceed the maximum building height limits of the zoning district.
3. Exceeding the maximum height limits of the applicable zoning district, or having more than
one antenna structure, shall be permitted upon first obtaining a use permit. A use permit may
be granted by the Planning Commission upon a demonstration by the applicant that:
a. That the antenna structures, including antennas, guy wires, support structures and
accessory equipment shall be located, sized and designed so as to minimize the amount
of the antenna that is visible from surrounding properties, public streets and all public
rights-of-way, recognizing that complete screening may not be possible; and
b. That the proposed height or number of installations will not pose a public safety hazard;
and
c. That issuance of a use permit is necessary to reasonably accommodate the desire for
communication using the amateur radio service, and this desire cannot be sufficiently
accommodated by a single antenna structure meeting the height limits of the applicable
zoning district.
1420 W. Gilman Blvd. #9030
Issaquah WA 98027
kim.allen@wirelesspolicy.com
www.wirelesspolicy.com
t 425.628.2666
f 206.219.6717
January 23, 2020
Via Email to Jeff Beiswenger, Planning Manager
JBeiswenger@rpcity.org
Rohnert Park Planning Commission
Marc Orloff
Susan H. Adams
Daniel A. Blanquie
Pam Stafford
John E. Borba
Joseph T. Callinan
Gerard Giudice
Gina Belforte
Susan Haydon
RE: Rohnert Park CA Wireless Code Update-Public Hearing 1/23/2020
Dear Commissioners:
On behalf of Verizon Wireless, thank you for the opportunity to provide comment on the
proposed wireless code update. Please add this letter and the attached redline to the record for
the public hearing.
While Verizon supports the general direction of updating standards for wireless facilities in
general, and adding new standards to address small wireless facilities specifically , the proposed
draft does not comply with the recent FCC Order1 and contains numerous restrictions on macro
facilities that will materially inhibit the deployment of wireless service in Rohnert Park.
With the goal of developing a workable path forward for both small and macro facilities,
Verizon would ask that staff and this Commission take some additional time to allow industry
stakeholders to coordinate and incorporate technical and feasibility input.
1 Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory
Ruling and Third Report and Order (September 26, 2018) (“FCC Order”).
Supplemental Item
Item 7.2
2/23/20 Planning Commission
January 23, 2020
Page 2
The following issues are of pa rticular concern and are outlined more specifically in the attached
redline:
1. Section E-4 contains a Table that appears to allow small wireless facilities ("SWF") in the
right of way with only an Encroachment Permit pursuant to Section 12.04. The
placement of the table over two pages makes that unclear and Verizon requests the
proposed edits to clarify the process.
2. Section E-4(b) identifies a Master Use Permit. Verizon requests clarification of whether
this master use permit would be required for SWF attachment to third party owned
poles in the right of way, or whether the general intent of this Master Use Permit is to
grant a citywide approval for all city owned facilities. It is also not clear what the
application process is for this permit. Verizon also requests clarification that the Master
Use Permit is not applicable to ROW small wireless facilities.
3. Section E-5(c) requires reports evaluating potential interference. The FCC has
preempted regulation of interference, which is highly unlikely given the carriers' use of
exclusively licensed and dedicated spectrum. In the event of interference, the city can
seek relief with the FCC. Verizon requests deletion of this requirement.
4. Section E-5(h) requires an up front deposit to cover the potential need for third party
consultant services. The FCC Order allows the city to recover only actual and reasonable
costs for SWF permitting, as does California Government Code Section 50030. The city's
flat 7% administrative markup listed in the fee schedule does not reflect the actual cost
to the city for administering the use of consultant services. Verizon requests that the
City revise the fee schedule to comply with the FCC Order.
5. Section E-7 (D) (1) provides that any person adversely affected by an administrative
decision pursuant to this chapter or a decision regarding an encroachment permit for a
wireless facility issued under chapter 12.04 may appeal such decision. The appeal will be
considered by a hearing officer appointed by the City Manager. The hearing officer may
decide the issues de novo and whose decision will be the final decision of the City. This
section should be deleted because there is insufficient time to provide an administrative
appeal under the federal shot clocks, and the FCC Order requirement that aesthetic
standards be objective does not allow for discretionary review.
6. Section E-7(A)(1)(d) requires a finding that the Applicant demonstrates why it did not
use less intrusive alternative designs. Section E-1(5) encourages use of alternative and
new technology. Under federal law, a city may not create a preference for one type of
technology over another, dictate or require a preference for the type of technology
used and may not regulate the choice of technology or equipment design. New York
January 23, 2020
Page 3
SMSA Ltd. Partnership v. Town of Clarkston, 612 P.3d 97 (2nd Cir. 2010). Verizon
requests deletion of this requirement.
7. Section E-7(d)(5) grants an administrative appeal for decisions. The administrative
appeal time is included in the calculation of the federal shot clocks. SWFs require final
decisions within 60 days of initial application for SWFs attached to existing structures,
and 90 days for SWFs requiring a new structure. There is insufficient time for the city to
provide an administrative appeal so Verizon requests a subsection directing appeals for
those facilities to state court.
8. Section E-8(a) requires a 10 year term for all wireless facility permits. Small Wireless
technology will require many more sites than traditional macro facilities, which would
create a huge administrative burden for both carriers and the city staff. Verizon
requests that SWF's in the ROW be exempt from this requirement.
9. Section E-8(f) requires post installation radio frequency testing for every installed
wireless facility. SWF are low power and involve standard equipment that has a fixed
output. Verizon requests that one post installation report per deployment configuration
be required for SWF deployment.
10. Section 8-E(m) creates a presumption that any conditions of approval in underlying
permit documents will be construed against the applicant unless the applicant keeps
and can produce its own record of permit approvals. It is the city's responsibility to
keep records as a public agency. This presumption is overreaching and unfair. Wireless
facilities change hands over the course of time and the permit records are often not
available. The City has an independent obligation to maintain permit records and is not
entitled to a conclusive presumption of accuracy in the event of a conflict, especially
where this presumption and burden is not imposed on other types of land use
applicants. Verizon requests this additional burden on carriers be removed.
11. Section E-8(t) requires Master Lease Agreements and Master License Agreements for
facilities in the ROW. Verizon requests clarification on which agreement is required for
which types of facilities and what the process is for obtaining these agreements.
12. Section E-10 contains a number of references to collocation.
a. To the extent that this term means 2 carriers' equipment and antennas on the
same pole in the right of way, this is not a feasible solution for small wireless
facilities due to the shorter height of the poles and the bulk it would add.
b. Verizon also requests that this section provide for attachment to existing or
replacement poles, as the attachment of SWFs often requires a replacement
January 23, 2020
Page 4
pole to add height, address pole rot, or to comply with the pole owners'
direction.
c. The right of way is the most appropriate place for small wireless facilities, where
there is vertical infrastructure and power. Every smal l wireless facility requires
both of these elements. The small size of these facilities
makes private property leasing impractical for owners and would require
applicants to pull additional power and fiber connections onto private property,
which is disruptive and not workable. The need to propagate signal in
many directions makes attachment to buildings a poor way to deliver service,
especially where the inside of the building is the most often coverage/capacity
objective. The proposed code, however, requires that an applicant demonstrate
that there are no locations outside the right of way that can be used for a small
wireless facility before gaining access to existing poles in the right of way. The
FCC Order recognizes that this infrastructure is best suited for deployment in the
right of way and prohibits cities from imposing unreasonable restrictions on
these deployments. See Order, ¶ 92-97. The Order also requires that regulations
for small wireless facilities be no more burdensome than those imposed on
similar infrastructure in the right of way. To the extent that electric and cable
facilities are not required to rule out private property sites before accessing the
right of way, it cannot be required for small wireless facilities.
13. Section E-11. Development Standards and Regulations for all Wireless Communication
Facilities. Verizon has suggested changes in the redline to address the following issues:
a. Subsection b requires flush mounted antennas, even in less sensitive visual
areas, which is unnecessarily restrictive.
b. Subsection e has a requirement for undergrounded lines and equipment, even if
other utilities are not required to underground. The FCC Order requires that
aesthetic requirements for SWFs in the ROW be no more burdensome than for
similar infrastructure in the ROW. ¶86. To the extent that overhead electric,
landline and cable infrastructure is allowed, the same standard should apply to
SWF's in the ROW.
c. Subsection j includes legally required lightning arresters and beacons in the
calculation of the facility’s height, even though those elements are not in the
control of the applicant.
January 23, 2020
Page 5
d.Subsection k requires that the RF certification be made by a licensed engineer.
RF engineering has no licensure program and is a job that is effectively done by
individuals that are not licensed or registered engineers.
e.Subsection l requires interference reports. The FCC has preempted regulation of
interference, which is highly unlikely given the carriers' use of exclusively
licensed and dedicated spectrum. In the event of interference, the city can seek
relief with the FCC.
f.In general, Verizon requests that each type of facility have its own section of
development standards to avoid confusion and that this section be folded into
the more specific sections.
14.Section E-13 has development standards for wireless facilities outside the right of way:
a.Subsection e has unreasonable height restrictions for macro facilities and
requires 2 to 1 setbacks not required of other land uses. These height
restrictions capping the height of the facility at maximum zone height allows no
reasonable height for separation or clearing the clutter, including trees and
structures. This will materially inhibit the ability to deploy macro facilities and
will discourage collocation.
b.The overly large setback requirements are not needed for safety and fail to
recognize towers designed with break point technology that engineers the top
portion of the tower to fold over onto itself in extreme stress, rather than fall its
full length from the base.
15.Section 15 contains development standards for wireless facilities in the right of way:
a.Subsection b unreasonably restricts the additional height that can be added to a
light pole or utility pole when adding wireless facilities. The redlines suggest
more workable language.
b.Subsection (b)(1) Utility Poles limits the maximum height of any antenna
mounted to an existing utility pole shall not exceed 24 inches above the height of
an existing utility pole. Verizon would need to extend beyond 24” on a wood
pole to comply with GO 95. The proposed two-foot limit will not accommodate
either two foot or four-foot antennas and their mounts. Verizon suggests
January 23, 2020
Page 6
replacing the 24 inch limit with the following: The minimum necessary to achieve
the required electrical code safety clearances and meet the pole owner's
requirements.
c. Subsection (c) unfairly restricts the amount of pole mounted equipment to 6
cubic feet, which is not enough space for even the simplest SWF deployment, in
contravention of the FCC Order which allows 28 cubic feet of equipment. It also
caps additional height for replacement poles at 7 feet, even though the pole
owner determines the needed height for the replacement pole. Verizon has
suggested revisions in the redline.
d. Section c (1) allows only pole-mounted antennas shall be permitted in the public
right-of-way. All other telecommunications towers shall be prohibited, and no
new pole installations for the purpose of installing a wireless facility shall be
permitted that are not replacing an existing pole. There may be instances where
applicants need to install their own wireless only poles. Verizon requests to have
language added to allow new wireless only poles where no other poles are
available near the proposed location.
e. Subsection e requires all new wiring to be inside the pole (even though that is
physically impossible with a wood pole) and allows no additional diameter to
accommodate the additional interior wiring in metal poles.
16. Section E-16(E)(3)(h) restricts temporary wireless facilities to only 90 days. A common
need for a temporary facility involves redevelopment of a site where a building
mounted facility is on a building that will be renovated or replaced. In that event, it
takes far longer than 90 days for demolition and reconstruction of the new building.
17. Section E-17 applies to Eligible Facility Requests which provide for expedited permitting
if a modification of an existing wireless facility is not a substantial change. Subsection
(i)(2) contains an unreasonable provision that terminates all Eligible Facilities Permits in
one year if the law regarding those facilities changes. The applicant receives a permit
with a defined term and makes an investment in that facility based on, in part,
expensing the cost over the life of the permit. This provision is an unfair burden on the
applicant and will result in an overwhelming burden on city resources if every wireless
facility in the city has to apply for new permits at the same time to keep those facilities
on air.
18. Section 19 (A) (1) All wireless communication facilities must comply at all times with the
following operation and maintenance standards. All necessary repairs and restoration
shall be completed by the permittee, owner, or operator within 48 hours:
January 23, 2020
Page 7
48 hours for repair is unreasonable as it does not consider weekends, holidays, or other
delays that may impact repair of an issues. Verizon requests a week or 5 business days
or as soon as reasonably possible, unless the damaged facility is impacting traffic.
Thank you for the opportunity to comment on the code. It is our goal to work collaboratively
with staff to arrive at a code that preserves the look and feel of your community, while
providing an efficient, workable and federally compliant process to deliver the service your
residents, visitors and businesses have come to expect. In light of the significant challenges in
the current draft, Verizon requests that you continue the public hearing in this matter to allow
time to work with stakeholders to craft a workable and federally compliant set of standards.
A Verizon representative will be at the meeting to answer any questions you might have.
Sincerely,
Kim Allen
Wireless Policy Group, LLC on behalf of Verizon Wireless
Supplemental Item
Item 7.2
2/23/20 Planning Commission
Attachment A
E. WIRELESS COMMUNICATION FACILITIES.
1. Purpose and Intent.
a. The purpose of this section is to provide a uniform and comprehensive set of regulations
and development standards for the permitting, development, siting, installation, design,
operation, and maintenance of wireless communication and similar facilities. These
regulations are intended to prescribe clear and reasonable criteria to assess and process
applications in a consistent and expeditious manner, while reducing the impacts
associated with wireless communications facilities. This section provides standards
necessary to:
(1) Promote and protect public health and safety, community welfare, visual and
environmental resources, and the unique visual character and quality of the of the
city consistent with the goals, objectives and policies of the General Plan;
(2) Preserve and promote harmonious land uses;
(3) Provide for the orderly, managed, and efficient development of wireless
communications facilities in accordance with the state and federal laws, rules, and
regulations;
(4) Acknowledge the community benefit associated with the provision of
communication services and ensure that a broad range of wireless communication
facilities is provided to serve the community and to serve as an important part of
the City’s emergency response network;
(5) Encourage new and more efficient technology in the provision of wireless
communications facilities; and
(6) Provide incentives for well-designed and well-placed facilities.
b. This section is not intended to, nor shall it be interpreted or applied to:
(1) Prohibit or effectively prohibit any personal wireless service provider’s ability to
provide personal wireless services;
(2) Prohibit or effectively prohibit any entity’s ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral and
nondiscriminatory rules;
(3) Unreasonably discriminate among providers of functionally equivalent services;
(4) Deny any request for authorization to place, construct or modify personal wireless
service facilities on the basis of environmental effects of radio frequency emissions
to the extent that such wireless communication facilities comply with the Federal
Communication Commission’s (FCC) regulations concerning such emissions;
(5) Prohibit any collocation or modification that the City may not deny under federal or
state law; or
(6) Otherwise authorize the City to preempt any applicable federal or state law.
c. In establishing the rights, obligations and conditions set forth in this section, it is the intent
of the City to treat each applicant in a competitively neutral and nondiscriminatory
manner, to the extent required by law, and with considerations that may be unique to the
technologies, situation and legal status of each proposed use.
2. Applicability. This section applies to the operation and maintenance of all existing wireless
communication facilities and all applications and requests for approval to construct, install,
modify, collocate, relocate or otherwise deploy, operate, and maintain wireless communication
facilities in the City.
Formatted: Font: Bold
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Commented [KA1]: Under federal law, a city may not
create a preference for one type of technology over
another. Under federal law, cities cannot dictate or require
a preference for the type of technology used and may not
regulate the choice of technology or equipment design.
New York SMSA Ltd. Partnership v. Town of Clarkston, 612
P.3d 97 (2nd Cir. 2010).
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Item 7.2
2/23/20 Planning Commission
3. Exemptions.
This section is not applicable to:
a. Wireless communication facilities owned and operated by the City or any other agency of
the state for public purposes;
b. Authorized amateur radio service facilities requiring a license issued by the FCC to
operate (i.e., a “HAM” radio transmission), including antenna structures. See Footnote F
(AMATEUR RADIO SERVICE INSTALLATIONS);
c. Any OTARD devices;
d. Wireless communication facilities installed completely indoors and intended to extend
signals for personal wireless services in a personal residence or a business (such as a
femtocell or indoor distributed antenna system); and
e. Wireless communication facilities or equipment owned and operated by CPUC-regulated
electric companies for use in connection with electrical power generation, transmission
and distribution facilities subject to CPUC General Order 131-D.
4. Permit requirements.
a. Permit Required. No wireless communications facility shall be located or modified within
the city on any property without the issuance of a permit as required by this section as set
forth in the table below. Such permit shall be in addition to any other permit required
pursuant to the Municipal Code.
Telecommunications
Facility
Private Property Public Right-
of-Way Residential
Districts
Mixed Use
Districts
Commercial
Districts
Other
Districts
New
telecommunications
tower, up to 35-feet
in height above the
ground
Not Permitted
Conditional Use Permit
Encroachment
Permit,
pursuant to
Chapter
12.04.
Roof or building-
mounted facility, not
visible from a public
right-of-way or other
property
Administrative Permit
Roof or building-
mounted facility,
visible from a public
right-of-way or other
property and/or
located on a historic
structure
Conditional Use Permit
Facility with a
backup generator Conditional Use Permit Permitted
Facility with an
ancillary fuel storage
tank(s) to support
the backup power
supply
Conditional Use Permit
Encroachment
Permit,
pursuant to
Chapter 12.04
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2/23/20 Planning Commission
Telecommunications
Facility
Private Property Public Right-
of-Way Residential
Districts
Mixed Use
Districts
Commercial
Districts
Other
Districts
Eligible facilities
request or
application for
collocation facility
pursuant to
California
Government Code
Section 65850.61
Administrative Permit
_____________
Encroachment
Permit, pursuant to
Chapter 12.04 and
Wireless Facility
Standards
Small Cell Wireless
Administrative Permit
Temporary Wireless
Facility Temporary Conditional Use Permit
Temporary Wireless
Facility for
Emergencies
Permitted
Footnote:
1. See Section 17.
b. For service providers, who plan to establish multiple wireless communication facilities
within the city, the service provider is encouraged to apply for approval of all facilities
under a master use permit application. Under this approach, all proposed facilities may
be acted upon by the City as a single application. No approval shall be construed as any
warranty of title.
5. Application Requirements.
a. Application Required. The approval authority shall not approve any request for a permit
except upon a duly filed application consistent with this section, Chapter 12.04 of this
code (Encroachment Permits), and/or any other written rules the City or the Director may
establish from time to time in any publicly-stated format.
b. Application Content. All applications for a conditional use permit, an administrative
permit, temporary conditional use permit, or an encroachment permit must include all the
information and materials required by the Director for the application, including:
(1) Compliance with any permit application requirements, forms, checklists, guidelines,
informational handouts and other related materials that the Director finds necessary,
appropriate or useful for processing any application governed under this
section.
(2) Applicants shall ensure applications demonstrate compliance with all applicable
health and safety laws, regulations or other rules, which includes without limitation
all building codes, electric codes and all FCC rules for human exposure to RF
emissions.
(3) The City Council further authorizes the Director to establish other reasonable rules
related to permit processing as the Director deems necessary to manage the
application intake process. All such rules must be in written form and publicly
available to all applicants.
c. Applicants shall provide reports evaluating for potential interference with City
communication frequencies (e.g., HF, UHF, VHF, eight hundred mHz) in conjunction with
all applications.
d. Applications will be processed, and notices of incompleteness provided, in conformity
with state, local, and federal law. If such an application is incomplete, the Director shall
Formatted: Font: 9 pt
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Commented [KA2]: The recent FCC Order, Accelerating
Wireless and Wireline Broadband Deployment by Removing
Barriers to Infrastructure Investment, Declaratory Ruling and
Third Report and Order, 33 FCC Rcd 9088 (2018).
("Order") uses small wireless facility("SWF"), rather than
small cell. Verizon suggests changing this term throughout
for consistency.
Commented [KA3]: The table is unclear about whether an
encroachment permit is all that is needed for SWF in the
ROW.
Commented [KA4]: Verizon requests clarification of
whether this master use permit would be required for SWF
attachment to third party owned poles in the right of way or
whether the general intent of this Master Permit is to grant
a citywide approval for all facilities. It is also not clear what
the application process is for this permit.
Formatted: Font: Bold
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Commented [KA5]: The FCC has preempted regulation of
interference, which is highly unlikely given the carriers' use
of exclusively licensed and dedicated spectrum. In the
event of interference, the city can seek relief with the FCC.
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Item 7.2
2/23/20 Planning Commission
notify the applicant in writing, and specifying the material omitted from the application in
conformance with timeframes established under 47 C.F.R. 1.6003(c)(1).
e. Application fee(s) shall be required to be submitted with any application. The City
Council shall set the amount, type, and other terms of such fee(s) from time to time by
means of resolution. Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant unless paid as a refundable deposit.
f. Pre-Submittal Conference. Before application submittal, the applicant is encouraged to
schedule and attend a pre-submittal conference with the Director for all proposed
projects.
g. Requests for waivers from any requirement of this subsection shall be made in writing to
the Director or his or her designee. The Director may grant or deny a request for a waiver
pursuant to this subsection. The Director may grant a request for waiver for an application
requirement if it is demonstrated that, notwithstanding the issuance of a waiver,
the City will be provided all information necessary to understand the nature of the
construction or other activity to be conducted pursuant to the permit sought. All waivers
approved pursuant to this subsection shall be (1) granted only on a case-by-case basis,
and (2) narrowly-tailored to minimize deviation from the requirements of the City Code.
h. Peer and Independent Consultant Review. The Director is explicitly authorized at his/her
discretion to employ on behalf of the City an independent technical expert to review any
technical materials submitted. The applicant shall pay all the costs of said technical
review, including any actual and reasonable administrative costs incurred by the City, and
is required to make a deposit, consistent with the City’s adopted fee schedule, at the
time of application toaccount for this contingency.
6. Notice
a. General Notice Requirements. Public notice in accordance with the provisions in
Municipal Code Chapter 17.25 (Administrative and Enforcement Procedures) shall be
required for all permit applications.
b. California Government Code Deemed-Approval Notice. Not more than 30 days before the
applicable FCC timeframe for review expires, and in addition to the public notice required
in Section 6.a (General Notice Requirements), an applicant for a use permit must provide
a posted notice at the project site that states the project will be automatically deemed
approved pursuant to California Government Code § 65964.1 unless the City approves
or denies the application or the applicant tolls the timeframe for review within the next 30
days. The posted notice must be compliant with all applicable provisions in Municipal
Code Chapter
17.25 (Administrative and Enforcement Procedures). The public notice required under
this section will be deemed given when the applicant delivers written notice to the
Director that shows the appropriate notice has been posted at the project site.
c. Decision Notices. Within five days after the approval authority acts on an application for a
use permit or before the FCC shot clock expires (whichever occurs first), the approval
authority or its designee shall send a written notice to the applicant. In the event that the
approval authority denies the application (with or without prejudice), the written notice to
the applicant must contain the reasons for the decision.
7. Decisions; Limited Exemptions; Appeals
a. Required Findings for Approval.
(1) Required Findings for Approval for all Facilities Requiring a Conditional Use Permit
or an Administrative Permit, except for an eligible facilities request and small
wireless facilities in the ROW. The approval authority may approve or conditionally
approve an application for a conditional use permit or administrative permit
submitted under this section when the approval authority finds all of the following:
(a) The proposed facility complies with all applicable provisions of this section;
Commented [KA6]: The FCC Order allows the city to
recover only actual and reasonable costs for SWF
permitting. The city's flat 7% mark up listed in the fee
schedule is not the actual cost to the city for administering
the use of consultant services.
Formatted: Font: Bold
Commented [KA7]: Added to distinguish this deemed
approved process from that found in Section 6409(a), of the
Middle-Class Tax Relief and Job Creation Act of 2012 and 47
CFR 1.6100.
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(b) The proposed wireless facility complies with all required findings for
conditional use permit approval in Municipal Code Section 17.25.014
(Findings) or administrative permit approval in Municipal Code Section
17.25.53 (Findings/conditions), or qualifies for a limited exception pursuant to
Subsection 7.c (Limited Exceptions for Personal Wireless Service Facilities);
(c) The applicant has demonstrated that its proposed wireless facility will be in
compliance with all applicable FCC rules and regulations for human exposure
to RF emissions;
(d) The applicant has demonstrated a good-faith effort to identify and evaluate
preferred alternative locations and potentially less-intrusive alternative designs
for the proposed wireless facility;
(e) The applicant has provided the approval authority with a meaningful
comparative analysis that shows all preferred alternative locations and less-
intrusive alternative designs identified in the administrative record are either
technically infeasible or unavailable;
(f) The applicant has submitted a statement of its willingness to allow other
carriers to collocate on the proposed wireless communications facility,
other wherever technically and economically feasible; and
(g) Noise generated by equipment will not be excessive, annoying nor be
detrimental to the public health, safety, and welfare and will not exceed the
standards set forth in Chapter 17.12 and Chapter 9.44.
b. Conditional Approvals; Denials. Subject to any applicable limitations in federal or state
law, nothing in this section is intended to limit the approval authority’s ability to
conditionally approve or deny without prejudice any application for a use permit as may
be necessary or appropriate to protect and promote the public health, safety and welfare,
and to advance the goals or policies in this section, the Municipal Code or the General
Plan. In conjunction with any denial, the approval authority shall issue a written decision
stating the reasons therefore.
c. Limited Waiver to Avoid Prohibitions on Service. In the event that an applicant claims that
strict compliance with the site location guidelines in Section 10 (Location and
Configuration Preferences) or the development standards and regulations in Sections 11-
13 (Development Standards and Regulations for all Wireless Communication Facilities,
Freestanding Wireless Communication Facilities, Building-Mounted Wireless
Communication Facilities) would prohibit or effectively prohibit the applicant’s ability to
provide personal wireless services, the approval authority may grant a limited waiver from
such requirements only to the minimum extent necessary to prevent such prohibition or
effective prohibition, provided the approval authority finds the following:
(1) The proposed wireless facility qualifies as a “personal wireless service facility” as
defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded;
(2) The applicant has provided the approval authority with the technical service
objective to be achieved by the proposed wireless facility;
(3) The applicant has provided the approval authority with a written statement that
contains a detailed and fact-specific explanation as to why the proposed wireless
facility cannot be deployed in in accordance with the standards in this section;
(4) The applicant has demonstrated to the approval authority that the proposed
location and design is the least non-compliant configuration that will reasonably
achieve the applicant’s technical service objective or that would avoid an actual or
effective prohibition of service
Formatted: Strikethrough
Commented [KA8]: See previous comment regarding city's
prohibition for preferring forms of technology. Under the
Order, Fn. 87, a locality may not specify the means or
facilities through which a service provider must offer
service.
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Item 7.2
2/23/20 Planning Commission
d. Appeals. Any interested person or entity may appeal any decision by the approval
authority in accordance with the standards and procedures in Municipal Code Chapter
17.25, Article XII (Appeals), except as modified by this section.
(1) Any person adversely affected by an administrative decision pursuant to this
chapter or a decision regarding an encroachment permit for a wireless facility
issued under chapter 12.04 may appeal such decision. The appeal will be
considered by a hearing officer appointed by the City Manager. The hearing officer
may decide the issues de novo and whose decision will be the final decision of the
City.
(2) Where the approval authority grants an application based on a finding that denial
would result in a prohibition or effective prohibition under applicable federal law,
any appeals must be filed within two (2) business days of the written decision of the
approval authority, unless the approval authority extends the time therefore. An
extension to file an appeal may not be granted where extension would result in
approval of the application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
(4) Appeals from an approval will not be permitted on the basis of the environmental
effects of the radio frequency emissions of the proposed facility, unless the appeal
specifically identifies that the proposed facility does not meet regulations
established by the FCC regarding such emissions.
(4)(5) Appeals for decisions on small wireless facilities in the right of way shall be
limited to state court.
8. Conditions of Approval for All Wireless Communications Facilities other than SWFs in the
ROW.
In addition to all other conditions imposed by the approval authority, all permits, including
encroachment permits, shall be subject to the conditions in this section.
a. Permit Term. The permit will automatically expire 10 years from its issuance, except
where the approval authority establishes a shorter term due to specific public safety or
substantial land use reasons. Any other permits or approvals issued in connection with
any collocation, modification or other change to the permitted wireless facility, which
includes without limitation any permits or other approvals deemed-granted or deemed-
approved under federal or state law, will not extend this term limit unless expressly
provided otherwise in such permit or approval or required under federal or state law. An
administrative permit issued to authorize installation of an eligible facilities request or a
collocation facility subject to Government Code section 65850.6 shall not be deemed to
extend the term of any underlying permit for the originally permitted wireless
communication facility.
b. Permit Expiration. At the end of the term, the permit shall automatically expire, unless an
extension or renewal has been granted. A person holding a permit must either: (1)
remove the wireless facility within thirty (30) days following the permit’s expiration
(provided that removal of support structure owned by City, a utility, or another entity
authorized to maintain a support structure in the right of way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City); or (2)
at least ninety (90) days prior to expiration, submit an application to renew the permit,
which application must, among all other requirements, demonstrate that the impact of the
wireless facility cannot be reduced. The wireless facility may remain in place until it is
acted upon by the City and all appeals from the City’s decision exhausted.
Strict Compliance with Approved Plans. Before the permittee submits any applications to
the Building Department, the permittee must incorporate this permit, all conditions
associated with this permit and the approved photo simulations into the project plans (the
“Approved Plans”). The permittee must construct, install and operate the wireless facility
Formatted: Strikethrough
Commented [KA9]: There is insufficient time to provide an
administrative appeal under the federal shot clocks.
Formatted: Strikethrough
Commented [KA10]: The administrative appeal time is
included in the calculation of the federal shot clocks. SWF's
require final decisions within 60 days of initial application
for SWFs attached to existing structures, and 90 days for
SWFs requiring a new structure. There is insufficient time
for the city to provide an administrative appeal.
Formatted: Font: Bold
Formatted: Highlight
Commented [KA11]: SWFs require many pole locations
throughout the city. Requiring renewal every 10 years will
create a huge administrative burden for both applicant and
the city. Verizon requests that SWF's in the ROW be
exempted from this requirement.
7
Supplemental Item
Item 7.2
2/23/20 Planning Commission
in strict compliance with the Approved Plans. Any alterations, modifications or other
changes to the Approved Plans, whether requested by the permittee or required by other
departments or public agencies with jurisdiction over the wireless facility, must be
submitted in a written request subject to the Director’s prior review and approval, who
may refer the request to the original approval authority if the Director finds that the
requested alteration, modification or other change substantially deviates from the
Approved Plans or implicates a significant or substantial land-use concern.
c. Build-Out Period. This permit will automatically expire one (1) year from the approval or
deemed-granted date unless the permittee obtains all other permits and approvals
required to install, construct and/or operate the approved wireless facility, which includes
without limitation any permits or approvals required by the any federal, state or local
public agencies with jurisdiction over the subject property, the wireless facility or its use.
The Director may grant one written extension to a date certain, not to exceed one (1)
additional year, when the permittee shows good cause to extend the limitations period in
a written request for an extension submitted at least 30 days prior to the automatic
expiration date in this condition.
d. Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes
without limitation any and all improvements, equipment, structures, access routes, fences
and landscape features, in a neat, clean and safe condition in accordance with the
Approved Plans and all conditions in this permit. The permittee shall keep the site area
free from all litter and debris at all times. The permittee, at no cost to the City, shall
remove and remediate any graffiti or other vandalism at the site within 48 hours after the
permittee receives notice or otherwise becomes aware that such graffiti or other
vandalism occurred.
e. Compliance with Laws. The permittee shall maintain compliance at all times with all
federal, state and local statutes, regulations, orders or other rules that carry the force of
law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any
use or activities in connection with the use authorized in this permit, which includes
without limitation any Laws applicable to human exposure to RF emissions. The
permittee expressly acknowledges and agrees that this obligation is intended to be
broadly construed and that no other specific requirements in these conditions are
intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain
compliance with all Laws. In the event that the City fails to timely notice, prompt or
enforce compliance with any applicable provision in the Rohnert Park Municipal Code,
any permit, any permit condition or any applicable law or regulation, the applicant or
permittee will not be relieved from its obligation to comply in all respects with all
applicable provisions in the Municipal Code, any permit, any permit condition or any
applicable law or regulation.
f. Radiofrequency Compliance Evaluations. All facilities must comply with all applicable
standards and regulations of the FCC and any other state or federal government agency
with the authority to regulate radio frequency emissions. After completion of construction,
but prior to unattended operations of the facility, the permittee shall conduct on-site post-
installation RF emissions testing to demonstrate actual compliance with applicable FCC
limitations, including the FCC OET Bulletin 65 RF emissions safety rules for general
population/uncontrolled radiofrequency exposure in all sectors. For this testing, the
transmitter shall be operating at maximum operating power, and the testing shall occur
outwards to a distance where the radiofrequency emissions no longer exceed the
uncontrolled/general population limit.
g. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to
avoid any and all undue or unnecessary adverse impacts on nearby properties that may
arise from the permittee’s or its authorized personnel’s construction, installation,
operation, modification, maintenance, repair, removal and/or other activities at the site.
The permittee shall not perform or cause others to perform any construction, installation,
operation, modification, maintenance, repair, removal or other work that involves heavy
equipment or machines except during normal construction work hours authorized under
Commented [KA12]: SWF are low power and involve
standard equipment that has a fixed output. Verizon
requests that one report per deployment type be required
for SWF deployment.
8
Supplemental Item
Item 7.2
2/23/20 Planning Commission
this code. The restricted work hours in this condition will not prohibit any work required to
prevent an actual, immediate harm to property or persons, or any work during an
emergency declared by the City. The Director may issue a stop work order for any
activities that violates this condition.
h. Permittee’s Contact Information. The permittee shall furnish the Director with accurate
and up-to-date contact information for a person responsible for the wireless facility, which
includes without limitation such person’s full name, titlea, direct telephone number,
facsimile number, mailing address and email address. The permittee shall keep such
contact information up-to-date at all times and immediately provide the Director with
updated contact information in the event that either the responsible person or such
person’s the contact information changes.
i. Indemnification. The permittee shall defend, indemnify and hold harmless the City, City
Council and its commissions, agents, officers, officials, and employees, and volunteers
from any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from
any and all claims, demands, law suits, writs, and other actions or proceedings
(“Claims”) brought against the City or its agents, officers, officials, employees, or
volunteers to challenge, attack, seek to modify, set aside, void or annul the City’s
approval of this permit, and (2) other Claims of any kind or form, whether for personal
injury, death, or property damage, that arise from or in connection with the permittee’s or
its agents’, Director’s, officers’, employees’, contractors’, subcontractors’, or licensees’,
or customers’ acts or omissions in connection with this permit or the wireless facility. In
the event the City becomes aware of any Claims, the City will use best efforts to
promptly notify the permittee and shall reasonably cooperate in the defense. The
permittee expressly acknowledges and agrees that the City shall have the right to
approve, which approval shall not be unreasonably withheld, the legal counsel providing
the City’s defense, and the property owner and/or permittee (as applicable) shall
promptly reimburse City for any costs and expenses directly and necessarily incurred by
the City in the course of the defense. The permittee expressly acknowledges and agrees
that the permittee’s indemnification obligations under this condition are a material
consideration that motivates the City to approve this permit, and that such
indemnification obligations will survive the expiration or revocation of this permit.
j. Performance Bond. Before the Building Department issues any construction permit in
connection with this permit, the permittee shall file with the City, and shall maintain in
good standing throughout the term of the approval, a performance bond or other surety or
another form of security for the removal of the facility in the event that the use is
abandoned or the permit expires, or is revoked, or is otherwise terminated. The security
shall be in the amount equal to 100% of the cost of removal of the facility. The bond or
security required by this section shall be in a form acceptable to the Director in an
amount reasonably necessary to cover the cost to remove the improvements and restore
all affected areas based on a written estimate from a qualified contractor with experience
in wireless communication facilities removal. In establishing the amount of the security,
the Building Department shall take into consideration information provided by the permit
applicant regarding the cost of removal.
k. Permit Revocation. In accordance with Municipal Code Chapter 17.25 (Administrative
and Enforcement Procedures), the approval authority may recall this permit for review at
any time due to complaints about noncompliance with applicable laws or any approval
conditions attached to this permit. At a duly noticed public hearing and in accordance with
all applicable laws, the approval authority may revoke this permit or amend these
conditions as the approval authority deems necessary or appropriate to correct any such
noncompliance.
l. Record Retention. The permittee must maintain complete and accurate copies of all
permits and other regulatory approvals issued in connection with the wireless facility,
which includes without limitation this approval, the approved plans and photo simulations
Commented [KA13]: Verizon has a 24/7 live 800 phone
number that is more effective than trying to designate an
individual, who may change repeatedly over time.
Formatted: Strikethrough
Formatted: Strikethrough
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Formatted: Strikethrough
9
Supplemental Item
Item 7.2
2/23/20 Planning Commission
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the event that
the permittee does not maintain such records as required in this condition, any
ambiguities or uncertainties that would be resolved through an inspection of the missing
records will be construed against the permittee. Records may be kept in electronic
format.
m. Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance for bodily injury and property damage, including
coverage for property/premises liability and completed operations, with limits acceptable
to the Director. The relevant policy or policies shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide thirty (30) days’ prior
notice to the City of to the cancellation or material modification of any applicable
insurance policy.
n. As-Built Drawings. The permittee shall submit an as-built drawing within ninety (90) days
after installation of the facility.
o. Conflicts with Improvements. For any portion of a facility located within the City right of
way, the permittee shall remove or relocate, at its expense and without expense to the
city, any or all of its facilities when such removal or relocation is deemed necessary by
the City by reason of any change of grade, alignment, or width of any right-of-way, for
installation of services, water pipes, drains, storm drains, power or signal lines, traffic
control devices, right-of-way improvements, or for any other construction, repair, or
improvement to the right-of-way.
p. Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior consent of
the owner of that structure, improvement, or property.
q. Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Article.
r. Encourage Colocation. Where the facility site is capable of accommodating a co-located
facility upon the same site in a manner consistent with the permit conditions for the
existing facility, the permittee shall allow co-location of third-party facilities, provided the
parties can mutually agree upon reasonable terms and conditions.
s. Abandonment. If a facility is not operated for a continuous period of 90 days, the wireless
encroachment permit and any other permit or approval therefor shall be deemed
abandoned and terminated automatically, unless before the end of the period (i) the
Director has determined that the facility has resumed operations, or (ii) the City has
received an application to transfer the permit to another service provider. No later than
[ninety (90) days] from the date the facility is determined to have ceased operation or the
permittee has notified the Director of its intent to vacate the site, the permittee shall
remove all equipment and improvements associated with the use and shall restore the
site to its original condition to the satisfaction of the Director. The permittee shall provide
written verification of the removal of the facilities within [thirty (30) days] of the date the
removal is completed. If the facility is not removed within [thirty (30) days] after the
permit has been discontinued pursuant to this subsection, the site shall be deemed to be
a nuisance, and the City may cause the facility to be removed at permittee’s expense or
by calling any bond or other financial assurance to pay for removal. If there are two (2) or
more users of a single facility or support structure, then this provision shall apply to the
specific elements or parts thereof that were abandoned, but will not be effective for the
entirety thereof until all users cease use thereof.
s.t.
t. Master Lease or Master License Agreement. Macro cell facilities located on public
property shall enter into a Master Lease Agreement (MLA) with the City. Small
Formatted: Strikethrough
Commented [KA14]: It is the city's responsibility to keep
records as a public agency. This presumption is
overreaching and unfair. Wireless facilities change hands
over the course of time and the permit records are often
not available. The City has an independent obligation to
maintain permit records and is not entitled to a conclusive
presumption of accuracy in the event of a conflict,
especially where this presumption and burden is not
imposed on other types of land use applicants.
.
Formatted: Highlight
Commented [KA15]: Verizon requests clarification on
which agreement is required for which types of facilities and
what the process is for obtaining these agreements.
1
Supplemental Item
Item 7.2
2/23/20 Planning Commission
cellwireless
10
Supplemental Item
Item 7.2
2/23/20 Planning Commission
facilities located on City-owned infrastructure in the public right-of-way shall enter into a
Master License Agreement (MILA) with the City.
9. Permit Extension. If a permit has not expired at the time an application is made for an
extension, the Director may administratively extend the term of the permit for a subsequent 10-
year term upon verification of continued compliance with the findings and conditions of approval
under which the application was originally approved, as well as any other applicable provisions
of the Municipal Code that are in effect at the time the permit extension is considered.
10. Location and Configuration Preferences.
a. Purpose. The purpose of this section is to provide guidelines to applicants and the
reviewing authority regarding the preferred locations and configurations for wireless
communication facilities in the City, provided that nothing in this section shall be
construed to permit a wireless communication facility in any location or configuration that
it is otherwise prohibited by this section.
b. Review of Location and Configuration. The reviewing authority shall consider the extent
to which a proposed wireless communication facility complies with these preferences and
whether there are feasible alternative locations or configurations to the proposed facility
that are more preferred under this section. If the location or configuration of a proposed
facility qualifies for two or more categories of preferred locations or configurations, it shall
be deemed to belong to the least preferred category.
c. Collocation. New facilities, other than SWFs in the ROW, should be collocated with
existing facilities whenever feasible. Where feasible, applicants are encouraged to
collocate with other existing or replacement facilities such as light standards, and other
utility structures where the collocation will minimize the overall visual impact. The
applicant shall take reasonable measures to co-locate their wireless communication
facilities on existing towers or with or within existing ancillary support equipment
facilities prior to applying for new communication facility sites.
d. Order of Preference—Configurations. The order of preference for the configuration for
wireless communication facilities from most preferred to least preferred is:
(1) Collocations with existing freestanding wireless communication facilities;
(2) New installations on an existing or replacement pole or utility pole;
(1)(3) New installation on a new pole or utility pole;Collocations on roofs already
containing roof-mounted wireless communication facilities;
(2)(4) New installations on existing roofs;
(3)(5) Collocations with existing building-mounted wireless communication
facilities, which includes light standards and other utility structures;
(4)(6) New installations on existing buildings, which includes light standards and other
utility structures;
(5)(7) Collocations with existing wireless communication facilities on an existing pole or
utility pole;
(6)(8) Collocations with existing wireless communication facilities on electric transmission
towers;
(7) Collocations with existing freestanding wireless communication facilities;
(8) New installations on an existing pole or utility pole;
(9) New installation on a new pole or utility pole;
(10) New installations on existing electric transmission towers; and
(11) New freestanding wireless towers.
e. Order of Preference—Location. The order of preference for the location of wireless
Formatted: Font: Bold
Formatted: Font: Bold
Commented [KA16]: SWFs in the ROW cannot be
collocated with other carriers' facilities except in the
densest urban areas. To the extent that this term means 2
carriers' equipment and antennas on the same pole in the
right of way, this is not a feasible solution for small wireless
facilities due to the shorter height of the poles and the bulk
it would add.
Commented [KA17]: The right of way is the most
appropriate place for small wireless facilities, where there is
vertical infrastructure and power. Every small
wireless facility requires both of these elements. The small
size of these facilities
makes private property leasing impractical for owners and
would require applicants
to pull additional power and fiber connections onto private
property, which is disruptive and not workable. The need to
propagate signal in
many directions makes attachment to buildings a poor way
to deliver service,
especially where the inside of the building is the most often
coverage/capacity objective. The proposed code, however,
requires that an applicant demonstrate that there are no
locations outside the right of way that can be used for a
small wireless facility before
gaining access to existing poles in the right of way. The FCC
Order recognizes that
this infrastructure is best suited for deployment in the right
of way and prohibits
cities from imposing unreasonable restrictions on these
deployments. See Order,
Paragraphs 92-97. The Order also requires that regulations
for small wireless
facilities be no more burdensome than those imposed on ...
Commented [KA18]: To achieve clearance from energized
lines and to address pole rot, many wood utility poles
require replacement. Light standards often require ...
Formatted: Strikethrough
Commented [KA19]: New rooftops are a good choice for
new installations.
Commented [KA20]: This term is typically not thought to
include utility poles or light standards.
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Commented [KA21]: Due to the relatively shorter height of
these facilities, and pole owner restrictions, collocation of
more than one provider on these poles is not feasible.
Formatted: Strikethrough
Commented [KA22]: To achieve clearance from energized
lines and to address pole rot, many wood utility poles
require replacement. Light standards often require ...
11
Supplemental Item
Item 7.2
2/23/20 Planning Commission
communications facilities, other than SWFs in the ROW, from most preferred to
least preferred is:
(1) City-owned property or structures outside the public rights-of-way;
12
Supplemental Item
Item 7.2
2/23/20 Planning Commission
(2) City-owned property and the public rights-of-way adjacent to non-residential zoning
districts;
(3) The Public Institutional (PI) zone;
(4) Industrial zones;
(5) Commercial zones;
(6) Mixed-use zones;
(7) Open spaces;
(8) Public rights of way adjacent to residential zoning districts.; and
(9) Residential zones.
f. Accessory Equipment. In order of preference from most preferred to least preferred,
accessory equipment for wireless communications facilities shall be:
(1) Within a building or structure, or mounted to the pole, for small wireless facilities in
the ROW;
(2) Located underground
(3) In a rear yard if not readily visible from surrounding properties and the roadway,
and
(4) On a screened roof top area or structure.
(5) Any other location.
11. Development Standards and Regulations for all Wireless Communication Facilities.
a. Basic Requirements. The design and development standards set forth in this section
apply to all wireless communications facilities no matter where they are located. Wireless
communications facilities shall be designed and maintained so as to minimize visual,
noise, and other impacts on the surrounding community and shall be planned, designed,
located, and erected in accordance with the design and development standards in this
section.
b. Antennas. Antenna elements shall be flush mounted, to the extent reasonably feasible.
All antenna mounts shall be designed so as not to preclude possible future collocation by
the same or other operators or carriers. Antennas shall be situated as to reduce visual
impact without compromising their function. Whip antennas need not be screened.
c. Colors and materials. All antennas, poles, towers, or equipment, including ancillary
support equipment, shall have a non-reflective finish and shall be painted or otherwise
treated to match or blend with the primary background and minimize visual impacts.
Antennas attached to a building shall be painted or otherwise treated to match the exterior
of the building or the antenna's background color. All ground-mounted equipment
shall be covered with a clear anti-graffiti type material of a type approved by the Director
or shall be adequately secured to prevent graffiti.
d. Signage; Advertisements.
(1) All wireless communication facilities must include signage that accurately identifies
basic contact and facility/site information. The applicant/operator shall notify city of
any changes to the information submitted within thirty days of any change,
including change of the name or legal status of the owner or operator. This
information shall include, but is not limited to the following:
(a) Identity, including name, address, and telephone number, and legal status of
the owner of the facility including official identification numbers and FCC
certification, and if different from the owner, the identity and legal status of the
person or entity responsible for operating the facility;
Formatted: Font: Bold
Commented [KA23]: Verizon suggests that there be a
separate section for SWF's in the ROW that is consistent
with the guard rails on aesthetic regulations for those
facilities in the FCC Order.
Formatted: Font: Bold
Commented [KA24]: This should be limited to areas where
visual impact is an issue, not in industrial areas.
Commented [KA25]: Is this defined?
13
Supplemental Item
Item 7.2
2/23/20 Planning Commission
(b) Name, address and telephone number of a local contact person for
emergencies; and
(c) Type of service provided. Identification signs, including emergency phone
numbers of the utility provider, shall be posted at all communication facility
sites.
(2) Wireless communication facilities may not bear any other signage or
advertisements unless expressly approved by the City, required by law or
recommended under FCC or other United States governmental agencies for
compliance with RF emissions regulations.
e. Lighting. No wireless communications facility may include artificial lighting unless either
specifically required by the Federal Aviation Administration (FAA) or other government
agency. Legally required lightning arresters and beacons shall not be included when
calculating the height of facilities such as telecommunications towers, lattice towers, and
monopoles.
f. Noise.
(1) Each wireless communications facility shall be operated in such a manner so as to
minimize any possible disruption caused by noise.
(2) Backup generators shall only be operated during periods of power outages and
shall not be tested on weekends, holidays, or between the hours of 5:00 p.m. and
7:00 a.m.
(3) Each wireless communications facility shall comply with the applicable noise
requirements contained in Chapters 9.44 and 17.12.
(4) Any equipment, including, but not limited to, air conditioning units, that may emit
noise that would be audible from beyond three feet from the wireless
communications facility in the case of a facility located in the right-of-way, or in the
case of other facilities the facility’s property line, shall be enclosed or equipped with
noise attenuation devices to the extent necessary to ensure compliance with
applicable noise limitations under the Rohnert Park Municipal Code.
g. Security. Each wireless communications facility shall be designed to be resistant to, and
minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other
conditions that would result in hazardous situations, visual blight, or attractive nuisances.
The approval authority may require the provision of warning signs, fencing, anti-climbing
devices, or other techniques to prevent unauthorized access and vandalism when,
because of their location or accessibility, a facility has the potential to become an
attractive nuisance. Site security measures must be designed to enhance concealment to
the maximum extent possible, such as installing equipment within an enclosure designed
to mimic a trash-can corral rather than within a chain link fence.
h. Backup Power Sources.
(1) All backup power supplies (e.g., generators) shall be located within an equipment
enclosure.
(2) The approval authority shall not approve any diesel generators or other similarly
noisy or noxious generators in or within 250 feet from any residence; provided,
however, the approval authority may approve sockets or other connections used for
temporary connection to backup generators.
(3) The City strongly disfavors backup power sources mounted on the ground or on
poles within the public rights-of-way.
i. Future Collocations and Equipment. To the extent feasible, all new wireless
communication facilities should be designed and sited in a manner that accommodates
potential future collocations and equipment installations that can be integrated with the
Formatted: Strikethrough
Commented [KA26]: This is not height needed for the
function of the facility, or within the control of the applicant
and should not be counted toward the height limit.
14
Supplemental Item
Item 7.2
2/23/20 Planning Commission
proposed wireless facility or its associated structures with no or negligible visual changes
to the outward appearance.
j. Utilities. All cables and connectors for telephone, primary electric and other similar utilities
must be routed underground in conduits in areas of the city where undergrounding
utilities is required. . large enough to accommodate future collocated wireless
communication facilities. Meters, panels, disconnect switches and other associated
improvements must be placed in inconspicuous locations to the extent possible. The
approval authority shall not approve new overhead utility lines or service drops merely
because compliance with the undergrounding requirements would increase the project
cost.
k. Electromagnetic and Radiofrequency Radiation. The applicant shall provide certification
by a duly licensed engineer, or other qualified professional, that the proposed facility will
at all times comply with all applicable health requirements and standards pertaining to
electromagnetic and/or radio frequency radiation established by the FCC.
l. Interference. Interference with city communication systems is prohibited. All proposed
facility applications shall include reports, as required by the Department of Public Safety,
to evaluate for potential interference (e.g., HF, UHF, VHF, eight hundred mHz).
m. Compliance with Laws. All wireless communication facilities must be designed and sited
in compliance with all applicable:
(1) Federal, state and local laws, regulations, rules, restrictions and conditions, which
include without limitation regulations established by the FCC, FAA, CPUC, the
California Building Standards Code, and the Municipal Code;
(2) Applicable requirements in the Rohnert Park General Plan and any applicable
specific plan; and
(3) Any conditions or restrictions in any permit or other governmental approval issued
by any public agency with jurisdiction over the facility.
n. Modification. At the time of modification of a wireless communications facility, 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.
o. City Council Resolution. All new wireless facilities and collocations, modifications, or other
changes to existing wireless facilities must conform to any design and development
standards adopted by resolution of the City Council.
p. Administrative Design Guidelines. The Director may develop and from time-to-time
amend design guidelines, consistent with the generally applicable development
standards and any facility-specific development standards, to clarify the standards in this
section for City staff, applicants and the public. The Director shall publish such
guidelines in advance of their effective date.
12. Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities), all new wireless
communication facilities located outside of the public right-of-way that are not an eligible
facilities request or a colocation facility subject to California Government Code Section
65850.6 must conform to the requirements in this subsection.
b. Macrocell Facility Separation and Location Requirements. Macrocell facilities must be
separated as follows:
Commented [KA27]: The FCC Order requires that aesthetic
requirements for SWFs in the ROW be no more burdensome
than for similar infrastructure in the ROW. ¶86. To the
extent that overhead electric, landline and cable
infrastructure is allowed, the same standard should apply to
SWF's in the ROW.
Formatted: Strikethrough
Commented [KA28]: The city may not require the first
carrier to carry the cost of upsizing conduit for additional
users under the FCC Order, fn. 252.
Commented [KA29]: RF engineering has no licensure
program and is a job that is effectively done by individuals
that are not licensed or registered engineers.
Formatted: Strikethrough
Commented [KA30]: The FCC has preempted regulation of
interference, which is highly unlikely given the carriers' use
of exclusively licensed and dedicated spectrum. In the
event of interference, the city can seek relief with the FCC.
Formatted: Strikethrough
Formatted: Font: Bold
15
Supplemental Item
Item 7.2
2/23/20 Planning Commission
Minimum Distance from a Macrocell Facility to a:
Macrocell Facility on the Same Parcel* Macrocell Facility on Another Parcel
50 feet 1,000 feet
* Applicants must demonstrate that a new facility will not interfere with existing facilities
nearby and must be visually compatible with nearby facilities.
c. Maximum Number of Macrocell Facilities Per Parcel. A maximum of four macrocell
facilities may be installed on a parcel.
d. Concealment. Wireless communication facilities must incorporate concealment elements,
measures and techniques that blend the equipment and other improvements into or
screen the facilities from the natural and/or built environment in a manner consistent
and/or compatible with the uses germane to the underlying zoning district and existing in
the immediate vicinity. Concealment methods may include:
(1) A facility mimicking a native tree species or a rock outcrop in an open space or
hillside location where other natural elements exist to provide effective
camouflaging and/or concealment;
(2) Locating a facility on a building’s roof, possibly in conjunction with a parapet, a
tower, or a similar architectural element, to obscure its appearance from the
adjoining public right-of-way(s);
(3) Painting and/or covering a building-mounted facility to match the appearance of the
building.
e. Landscaping.
(1) All new macrocell facilities and any ground mounted wireless facilities not in the
public right-of-way must include a landscape plan when proposed to be placed in a
landscaped area. The landscape plan must include existing vegetation, vegetation
proposed to be removed or trimmed, and identification of proposed landscaping by
species type, size, and location. All plants proposed must be fire safe, native and/or
drought-resistant. Landscape plans shall include site features, such as use of
vegetation or rock outcrop, designed to screen such facilities from public view or
from view of adjacent properties.
f. Parking; Access. Any equipment or improvements constructed or installed in connection
with any wireless communication facilities must not reduce any parking spaces below the
minimum requirement for the subject property. Whenever feasible, wireless
communication facilities should use existing parking and access rather than construct
new parking or access improvements. Any new parking or access improvements should
be the minimum size necessary to reasonably accommodate the proposed use. New
parking or access improvements shall be prohibited in the Open Space for Agriculture
and Resource Management and Open Space for Environmental Conservation districts.
g. Accessory Equipment. Accessory equipment located within the front or side yard shall be
located to be screened by landscaping and placed in close proximity to existing above
ground utilities (such as electrical tower or utility poles), light poles, trees of comparable
height, water tanks, and other areas where the ground mounted facility will not detract
from the image or appearance of the city.
13. Development Standards for Freestanding Wireless Communication Facilities Located
Outside of the Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities) and Subsection 12
Formatted: Font: Bold
16
Supplemental Item
Item 7.2
2/23/20 Planning Commission
(Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way), all new freestanding wireless
communication facilities located outside of the public right-of-way that are not an eligible
facilities request or a colocation facility subject to California Government Code Section
65850.6 must conform to the requirements in this subsection.
b. Monopoles and Towers.
(1) All monopoles and towers shall be concealed or screened to reduce their visual
presence.
(2) Monopoles concealed by artificial foliage (i.e., tree monopole, monopine, etc.) must
match the appearance of natural tree species that appears in the city.
c. Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to
the vertical support structure as possible to reduce its overall visual profile. Applicants
must mount non-antenna, tower-mounted equipment (including, but not limited to, remote
radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the
antennas to the maximum extent feasible. All tower-mounted equipment, cables and
hardware must be painted with flat colors subject to the approval authority’s prior
approval.
d. Ground-Mounted Equipment; Shelters. All ground-mounted equipment must be
concealed underground or within an existing or new structure, opaque fences, or other
enclosures subject to the approval authority’s prior approval. Ground mounted enclosures
shall incorporate concealment elements to blend the ground-mounted equipment and
other improvements into the natural and/or built environment.
e. Height.
(1) All freestanding wireless communication facilities shall be of a minimum functional
height. The maximum heights for these facilities in different locations throughout
the city area as follows:
In a District with a Maximum
Height of 35 feet
In a District with a Maximum Height that Exceeds 35 feet
Adjacent to a Residential Zone Adjacent to Other Zones
35 feet1,2 65 feet1,3 75 feet3
Footnotes:
1. Facilities located adjacent to residentially zoned properties shall be setback at a ratio of two one horizontal
feet for every one-foot in height, or the distance from the highest engineered break point to the top of structure.
and shall not be readily visible from the nearest residentially zoned property.
2. Facilities may exceed by eight feet the maximum permitted height in the underlying zoning district by conditional
use permit
3. Facilities that exceed 35 feet in height require conditional use permit approval.
f. Setbacks.
(1) All freestanding wireless communication facilities shall be setback from any
property line by a minimum of twenty-five feet or the zone’s required setback,
whichever is greater.
(2) Towers and antennas shall be setback at a ratio of two one horizontal fooeet for every
one foot in height, or the distance from the highest engineered break point to the top
of structure, and shall be screened and/or concealed from the nearest residentially
zoned property.
g. Screening. All freestanding wireless communication facilities shall be sited to be
screened by existing development, topography, or vegetation, to the extent feasible.
Ground mounted facilities are encouraged to be located within buildings, underground, or
in areas where substantial screening by existing buildings or vegetation can be achieved.
Commented [KA31]: These height restrictions will
materially inhibit the ability to deploy macro facilities. The
antennas must clear the clutter, including trees and
structures built to maximum zone height.
Commented [KA32]: What is the purpose of this excessive
setback? It is not a legitimate safety regulation.
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Commented [KA33]: This standard is vague and too
subjective.
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Commented [KA34]: This restriction will discourage
collocation as the eight feet will provide for the height of
the antennas themselves and none for separation.
16
Supplemental Item
Item 7.2
2/23/20 Planning Commission
14. Development Standards and Regulations for Building-Mounted Wireless
Communication Facilities.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities) and Subsection 12
(Development Standards and Regulations for all Wireless Communication Facilities
Located Outside of the Public Right-of-Way), all new building-mounted wireless
communication facilities that are not an eligible facilities request or a colocation facility
subject to California Government Code Section 65850.6 must conform to the
requirements in this section.
b. Preferred Concealment Techniques. All applicants should, to the extent feasible, propose
wireless communication facilities that are completely concealed and architecturally
integrated into the existing facade or rooftop features with no visible impacts from any
publicly accessible areas at ground level (examples include, but are not limited to,
antennas behind existing parapet walls or facades replaced with RF-transparent material
and finished to mimic the replaced materials). Alternatively, when integration with existing
building features is not feasible, the applicant should propose completely concealed new
structures or appurtenances designed to mimic the support structure’s original
architecture and proportions (examples include, but are not limited to, cupolas, steeples,
chimneys, and water tanks). Facilities must be located behind existing parapet walls or
other existing screening elements to the maximum extent feasible.
c. Facade-Mounted Equipment. When wireless communication facilities cannot be placed
behind existing parapet walls or other existing screening elements, the approval authority
may approve facade-mounted equipment in accordance with this section. All facade-
mounted equipment must be concealed behind screen walls and mounted as flush to the
facade as practicable. The approval authority may not approve “pop-out” screen boxes
unless the design is architecturally consistent with the original building or support
structure. The approval authority may not approve any exposed facade-mounted
antennas, including but not limited to exposed antennas painted to match the facade. To
the extent feasible, facade-mounted equipment must be installed on the facade(s) along
the building frontage that is the least prominent or publicly visible.
d. Rooftop-Mounted Equipment.
(1) Rooftop-mounted equipment must be screened from public view with concealment
measures that match the underlying structure in proportion, quality, architectural
style and finish. The approval authority may approve unscreened rooftop
equipment only when it expressly finds that such equipment is effectively
concealed due to its low height and/or setback from the roofline.
(2) Rooftop-mounted equipment must be setback from the nearest roof edge(s) by a
minimum of ten feet or distance equivalent to the facility’s height, whichever is
greater.
e. Height.
(1) Building mounted wireless communication facilities shall generally not exceed
fifteen feet above the maximum height for that zoning district.
(2) Antennas mounted on the side of a building shall not extend above the top of the
building parapet or eave line.
15. Development Standards and Regulations for Wireless Communication Facilities Located
in the Public Right-of-Way.
a. Basic Requirements. In addition to the requirements in Subsection 11 (Development
Standards and Regulations for all Wireless Communication Facilities), all new and
substantially changed wireless communication facilities located within the public right-of-
way and that are not an eligible facilities request or a colocation facility subject to
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
California Government Code Section 65850.6 must conform to the requirements in this
section.
b. Antennas.
(1) Utility Poles. The maximum height of any antenna mounted to an existing or
replacement utility pole shall not exceed 24 inches above the height of an existing
utility polebe the minimum necessary to achieve the required electrical code safety
clearances and meet the pole owner's requirements., nor shall anyNo portion of
the antenna or equipment mounted on a pole be less than 18 feet above any
drivable road surface. All installations on utility poles shall fully comply with the
California Public Utilities Commission general orders, including, but not limited to,
General Order 95, as revised.
(2) Street Light Poles. The maximum height of any antenna mounted to a street light
pole shall not exceed seven feet above the existing height of a street light pole in or
adjacent to a non-residential zoning district and shall not exceed three feet above
the existing height of a street light pole in or adjacent to any other zoning district.
Any portion of the antenna or equipment mounted on such a pole shall be no less
than 18 feet above any drivable road surface.
c. Poles.
(1) Only pole-mounted antennas and related equipment shall be permitted in the
public right-of-way. All other telecommunications towers shall be prohibited, and
no new pole installations for the purpose of installing a wireless facility shall be
permitted that are not replacing an existing pole.
(2) Pole height and width limitations:
(a) All poles shall be designed to be the minimum functional height and width
required to support the proposed antenna installation and meet FCC
requirements. Poles and antennas and similar structures shall be no greater in
diameter or other cross-sectional dimensions than is necessary for the proper
functioning of the facility.
(b) Notwithstanding the above, no facility shall be located on a pole that is less
than 26 feet in height.
(c) Pole-mounted equipment must be mounted as close to the pole as possible to
reduce its overall visual profile, and shall not exceed six 28 cubic feet in
dimension.
(3) If an applicant proposes to replace a pole in order to accommodate the facility, the
pole shall match the appearance of the original pole to the extent feasible, unless
another design better accomplishes the objectives of this section. Such
replacement pole shall not exceed the height of the pole it is replacing by more
than seven feet, or the height required by the pole owner, whichever is greater.
(4) If a limited waiver pursuant to Section 7.c is granted for placement of new poles in
the right-of-way, new poles shall be designed to resemble existing poles in the
right-of-way, including size, height, color, materials and style, with the exception of
any existing pole designs that are scheduled to be removed and not replaced,
unless another design better accomplishes the objectives of this section. Such new
poles that are not replacement poles shall be located no closer than 90 feet to an
existing pole.
d. Space Occupied. Facilities shall be designed to occupy the least amount of space in the
right-of-way that is technically feasible.
e. Location.
(1) Each component part of a facility shall be located so as not to cause any physical
or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s
Commented [KA35]: Utility poles are often required to be
replaced or extended to allow sufficient clearance from
energized lines. The size of a SWF antenna is limited to 3
cubic feet each and may exceed 24 inches. Additional
height can result in a less bulky antenna overall and be an
aesthetic plus for the city. Verizon suggests
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Commented [KA36]: Clearance from the luminaire is
required to avoid interference and blockage of signal.
Commented [KA37]: The FCC Order allows a cumulative
volume of 28 cubic feet.
Commented [KA38]: This is an element not within the
control of the applicant.
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
use of the right-of-way, or safety hazards to pedestrians and motorists.
19
Supplemental Item
Item 7.2
2/23/20 Planning Commission
(2) A facility shall not be located within any portion of the public right-of-way interfering
with access to fire hydrants, fire stations, fire escapes, water valves, underground
vaults, valve housing structures, or any other vital public health and safety facility.
(3) Pole-mounted equipment, above-ground accessory equipment, or walls, fences,
landscaping or other screening methods shall be setback a minimum of 18 inches
from the front of a curb.
(4) All pole-mounted equipment and required or permitted signage must face toward
the street or otherwise placed to minimize visibility from adjacent sidewalks and
structures.
(5) All new wires needed to service the wireless communications facility must be
installed within the width of the existing utility pole, if feasible. so as to not exceed
the diameter and height of the existing utility pole.
f. Accessory Equipment. With the exception of the electric meter, which shall be pole-
mounted to the extent feasible, all accessory equipment shall be pole mounted or located
underground to the extent feasible. When above-ground is the only feasible location for
a particular type of accessory equipment and when such accessory equipment cannot
be pole-mounted, such accessory equipment shall be enclosed within a structure, and
shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be
screened and camouflaged to the fullest extent possible, including the use of
landscaping or alternate screening. Required electrical meter cabinets shall be
adequately screened and camouflaged.
g. Concealment. All wireless communication facilities in the right-of-way must be concealed
to the maximum extent feasible with design elements and techniques that mimic or blend
with the underlying support structure, surrounding environment and adjacent uses. In
addition, wireless communication facilities in the rights-of-way may not unreasonably
subject the public use, for any purpose including expressive or aesthetic purposes, to
inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.
h. Americans with Disabilities Act Compliance. All facilities shall be built and located in
compliance with the Americans with Disabilities Act (ADA) and any applicable state law
accessibility standards.
i. Documentation. The applicant shall provide documentation satisfactory to the Director
establishing compliance with this section.
16. Temporary Wireless Communication Facilities.
a. General Requirements for Temporary Wireless Communication Facilities. Except as
provided in Section 16.b (Temporary Wireless Communication Facilities for
Emergencies), the requirements, procedures and standards in this subsection shall be
applicable to all applications for a temporary conditional use permit for a temporary
wireless facility.
(1) Applications for Temporary Wireless Communication Facilities. The Director shall
not approve any temporary wireless facility subject to a temporary conditional use
permit except upon a duly filed application and any other written application
requirements or procedures the Director may publish in any publicly-stated format.
An application must include the information required by Section 17.25.041
(Application) and the following additional information:
(a) A site plan that shows the proposed temporary wireless facility and its
equipment, physical dimensions and placement on the proposed site relative
to property lines and existing structures; and
(b) An RF compliance report demonstrating compliance with applicable FCC
regulations.
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Commented [KA39]: This is not possible with wood poles
and metal poles will need additional diameter to address
the interior cabling..
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Commented [KA40]: Unlike macro facilities, which
generate much more powerful signals, small wireless facility
equipment has a much more limited range. Placing radios
underground separates the antennas from the radios in
such a way that the signal is degraded through path loss.
Also, there is limited space in the ROW and vaulting requires
sufficient space for workers to enter the vault for
maintenance. This is not a viable option for this technology.
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Commented [KA41]: The FCC Order requires that aesthetic
standards be objective.
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
(2) Review of Temporary Wireless Communication Facilities. Temporary conditional
use permit applications for temporary wireless communication facilities are subject
to the review process described in Section 17.25.043 (Decision/appeal).
(3) Required Findings for Temporary Wireless Communication Facilities. The Director
may approve or conditionally approve a temporary use permit for a temporary
wireless facility only when the Director finds all of the following:
(a) The facility meets the findings required for all temporary conditional use
permits listed in Section 17.25.042 (Findings/conditions);
(b) The proposed temporary wireless facility will not exceed 50 feet in overall
height above ground level;
(c) The proposed temporary wireless facility will be placed as far away from
adjacent property lines as possible, or otherwise in a location that will be least
likely to cause adverse impacts on adjacent properties; and
(d) Any excavation or ground disturbance associated with the temporary facility
will not exceed two feet below grade;
(e) The proposed temporary wireless facility will be compliant with all generally
applicable public health and safety laws and regulations, which includes
without limitation compliance with maximum permissible exposure limits for
human exposure to RF emissions established by the FCC;
(f) The proposed temporary wireless facility will not create any nuisance or
violate any noise limits applicable to the proposed location;
(g) The proposed temporary wireless facility will be identified with a sign that
clearly identifies the (i) site operator, (ii) the operator’s site identification name
or number and (iii) a working telephone number answered 24 hours per day,
seven days per week by a live person who can exert power-down control over
the antennas;
(h) The proposed temporary wireless facility will be removed within 30 days after
the Director grants the temporary use permit, or such longer time as the
Director finds reasonably related to the applicant’s need or purpose for the
temporary wireless facility (but in no case longer than 90 days); and
(i) The applicant has not been denied a use permit for any permanent wireless
facility in the same or substantially the same locationon the same parcel
within the previous 365 days.
(4) Appeals for Temporary Wireless Communication Facilities. The appeal of
temporary conditional use permit determinations for temporary wireless
communication facilities are subject to the review process described in Section
17.25.043 (Decision/appeal).
b. Temporary Wireless Communication Facilities for Emergencies. Temporary wireless
communication facilities may be placed and operated within the City without a temporary
use permit only when a duly authorized federal, state, county or City official declares an
emergency within a region that includes the City in whole or in part. Any temporary
wireless communication facilities placed pursuant to this section must be removed within
15 days after the date the emergency is lifted. Any person or entity that places temporary
wireless communication facilities pursuant to this section must send a written notice that
identifies the site location and person responsible for its operation to the Director as soon
as reasonably practicable.
17. Eligible Facility Requests and Collocation Facility Requests Pursuant to California
Government Code Section 65850.6.
Formatted: Strikethrough
Commented [KA42]: A common need for a temporary
facility involves redevelopment of a site with a building
mounted facility. In that event, it takes far longer than 90
days for demolition and reconstruction of the new building.
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
a. Applicability. This subsection applies to all collocations or modifications to an eligible
facilities request.
b. Approval Required. An eligible facilities request shall be subject to the Director’s
approval, conditional approval or denial without prejudice pursuant to the standards and
procedures contained in this subsection.
c. Other Regulatory Approvals. Approval granted under this subsection shall remain subject
to any and all lawful conditions or requirements associated with such other permits or
regulatory approvals from the City and state or federal agencies.
d. Application Requirement. The City shall not approve any eligible facilities request except
upon a duly filed application consistent with this section and any other written rules the
City or the Director may establish from time to time consistent with applicable federal law.
The applicant shall provide a written statement that explains in plain factual detail the
basis under which the proposed project qualifies as an eligible facilities request. As part
of this written statement the applicant must also explain in detail and provide evidence
that: (a) the support structure qualifies as an existing tower or existing base station; and
(b) the proposed collocation or modification does not cause a substantial change, as
defined in 47 C.F.R. 1.6100(b)(7), to an eligible support structure. Bare conclusions
without factual support shall not meet the requirements of this subsection. An application
for a wireless communications collocation facility under California Government Code
Section 65850.6(a) shall be processed in the same manner as an application for an
eligible facilities request is processed, except that where the process requires justification
for the approval of an eligible facilities request, the applicant shall instead provide the
justification for a collocation facility under California Government Code Section
65850.6(a), and shall also describe or depict the wireless communications collocation
facility as built and the proposed colocation facility at full build-out, including, but not
limited to, all antennas, antenna support structures, and accessory equipment.
e. Pre-Submittal Conference. Before application submittal, applicants are encouraged to
schedule and attend a pre-application meeting with the Director for all proposed
modifications submitted for approval.
f. Administrative Review. The Director shall administratively review an application for an
eligible facilities request and act on such an application without prior notice or a public
hearing within the time periods required pursuant to applicable FCC regulations, including
47 C.F.R. 1.6001(c)(3).
g. Required Findings for approval of an eligible facilities request. The approval authority
shall approve or conditionally approve an application submitted for an eligible facilities
request when the approval authority finds that the proposed project qualifies as an
eligible facilities request, and does not result in a substantial change to an eligible
support structure, as set forth in 47 C.F.R. 1.6100(b)(7).
h. Required Findings for approval of an collocation facility under 65850.6. The approval
authority shall approve or conditionally approve an application submitted for a collocation
facility under 65850.6 if:
(1) The wireless telecommunications collocation facility that will host the proposed
collocation facility:
(a) Was approved after January 1, 2007, by discretionary permit;
(b) Was approved subject to an environmental impact report, negative
declaration, or mitigated negative declaration;
(2) The proposed colocation facility incorporates all required mitigation measures in
the applicable environmental document for the wireless telecommunications
colocation facility; and
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
(3) The proposed colocation facility complies with all conditions of approval in the
original wireless telecommunications collocation facility permit, including all
standards for height, location, bulk, size and types of wireless telecommunication
facilities allowed for a colocation facility.
i. Supplemental Conditions of Approval. In addition to all other conditions set forth in
subsection 8, all approvals for an eligible facility request shall be subject to the following
supplemental conditions set forth in this subsection:
(1) Permit Term. The City’s grant or grant by operation of law of a permit for an eligible
facilities request constitutes a federally-mandated modification to the underlying
permit or other prior regulatory authorization for the subject tower or base station.
The City’s grant or grant by operation of law of such approval does not extend the
permit term, if any, for any underlying permit, or other underlying prior regulatory
authorization. Accordingly, the term for any permit issued for an eligible facilities
request shall be coterminous with the underlying permit or other prior regulatory
authorization for the subject tower or base station.
(2) Accelerated Permit Terms Due to Invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 or any FCC regulation that interprets
Section 6409 such that federal law would no longer mandate approval for eligible
facilities requests, all permits for eligible facility requests shall automatically expire
one year from the effective date of the judicial order, unless the decision would not
authorize the termination of previously approved eligible facility request permits or
the Director grants an extension until the end of the original permit term upon
written request from the permittee that demonstrates good cause for the extension,
which includes, without limitation, extreme financial hardship or that permit
invalidation is prohibited under other applicable state or federal law. A permittee
shall not be required to remove its improvements approved under the invalidated
approval when it has submitted an application for an appropriate permit for those
improvements before the one-year period ends.
(3) No Waiver of Standing. The City’s grant or grant by operation of law of an approval
for an eligible facilities request does not waive, and shall not be construed to waive,
any standing by the City to challenge Section 6409 or any FCC rules that interpret
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012.
18. Supplemental Conditions for Small Cell Wireless Facilities. In addition to the conditions
provided in subsection 8 of this section and any supplemental conditions imposed by the
approval authority, all permits for a small cell wireless facility shall be subject to the following
condition, unless modified by the approval authority:
a. No waiver of standing. The city’s grant of a permit for a small cell wireless facility does
not waive, and shall not be construed to waive, any standing by the city to challenge any
FCC orders or rules related to small cell facilities, or any modification to those FCC
orders or rules.
19. Operation and Maintenance Standards.
a. All wireless communication facilities must comply at all times with the following operation
and maintenance standards. All necessary repairs and restoration shall be completed by
the permittee, owner, or operator within 48 hours:
(1) After discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
(2) After permittee, owner, operator, or any designated maintenance agent receives
notification from a resident or the Director.
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Commented [KA43]: The applicant receives a permit with
a defined term and makes an investment in that facility
based on, in part, expensing the cost over the life of the
permit. This provision is an unfair burden on the applicant
and will result in an overwhelming burden on city resources
if every wireless facility in the city has to apply for new
permits at the same time to keep those facilities on air.
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
b. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets, artificial camouflage, and the facility
site shall be maintained in good condition, including ensuring the facilities are reasonably
free of:
(1) General dirt and grease;
(2) Chipped, faded, peeling, and cracked paint;
(3) Rust and corrosion;
(4) Cracks, dents, and discoloration;
(5) Missing, discolored, or damaged artificial foliage, or other camouflage;
(6) Graffiti, bills, stickers, advertisements, litter, and debris;
(7) Vandalism;
(8) Broken and misshapen structural parts; and
(9) Any damage from any cause.
Any damage from any cause shall be repaired as soon as reasonably possible so as to
minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed
from any facility or equipment as soon as practicable, and in no instances more than
forty-eight hours from the time of notification by the city.
c. All trees, foliage, or other landscaping elements approved as part of the facility shall be
maintained in good condition at all times in accordance with the approved landscape
plan, and the permittee, owner and operator of the facility shall be responsible for
replacing any damaged, dead or decayed landscaping as promptly as reasonable
possible. No amendment to any approved landscaping plan may be made until it is
submitted to and approved by the Director or designee.
d. Monopoles concealed by foliage must be maintained over time to provide for the
continuing concealment of the facility. Replacement leaves and branches must match the
color and architecture of the existing foliage.
e. The permittee shall replace its facilities, after obtaining all required permits, if
maintenance or repair is not sufficient to return the facility to the condition it was in at the
time of installation.
f. Each facility shall be operated and maintained at all times in compliance with applicable
federal regulations, including FCC radio frequency emissions standards.
g. Each facility shall be operated and maintained to comply at all times with the noise
regulations of this section and shall be operated and maintained in a manner that will
minimize noise impacts to surrounding residents. Except for emergency repairs, any
testing and maintenance activities that will be audible beyond the property line shall only
occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday,
excluding holidays, unless alternative hours are approved by the Director. Backup
generators, if permitted, shall only be operated during periods of power outages, and
shall not be tested on weekends or holidays, or between the hours of 10 p.m. and 7 a.m.
on weekday nights. At no time shall equipment noise from any source exceed an exterior
noise level of sixty dB at the property line.
h. Each facility shall not interfere with city communication systems.
i. If a flagpole is used for camouflaging a wireless communications facility, flags shall be
flown and shall be properly maintained at all times.
j. Each owner or operator of a facility shall routinely inspect each site to ensure compliance
with the standards set forth in this section and the conditions of approval.
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Supplemental Item
Item 7.2
2/23/20 Planning Commission
20. Cessation of Use or Abandonment.
a. A wireless communications facility is considered abandoned and shall be promptly
removed as provided herein if it ceases to provide wireless communications services for
90 or more consecutive days.
b. The operator of a facility shall notify the City in writing of its intent to abandon or cease
use of a permitted site or a nonconforming site (including unpermitted sites) within 30
days of ceasing or abandoning use. For facilities to be located on public property, this
removal requirement, and appropriate bonding requirement, shall be included within the
terms of the lease. For facilities to be located on private property, since the subject
property owner may be held responsible for removal of the equipment, the terms of
private leases are encouraged to include the equipment removal as a provision of the
lease.
21. Removal and Restoration, Permit Expiration, Revocation or Abandonment.
a. Permittee’s Removal Obligation. Upon the expiration date of the permit, including any
extensions, earlier termination or revocation of the permit or abandonment of the facility,
the permittee, owner or operator shall remove its wireless communications facility and
restore the site to its natural condition except for retaining the landscaping improvements
and any other improvements at the discretion of the City. Removal shall be in accordance
with proper health and safety requirements and all ordinances, rules, and regulations of
the City. The facility shall be removed from the property within 30 days, at no cost or
expense to the City. If the facility is located on private property, the private property
owner shall also be independently responsible for the expense of timely removal and
restoration.
b. Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its
facility and restore the property within 30 days after expiration, earlier termination, or
revocation of the permit, or abandonment of the facility, shall be a violation of the
Municipal Code, and be grounds for:
(1) Prosecution;
(2) Calling of any bond or other assurance required by this section or conditions of
approval of permit;
(3) Removal of the facilities by the City in accordance with the procedures established
under the Municipal Code for abatement of a public nuisance at the owner’s
expense; and/or
(4) Any other remedies permitted under the Rohnert Park Municipal Code.
c. Removal of Facilities by City. In the event the City removes a facility in accordance with
nuisance abatement procedures or summary removal, any such removal shall be without
any liability to the City for any damage to such facility that may result from reasonable
efforts of removal. In addition to the procedures for recovering costs of nuisance
abatement, the City may collect such costs from the performance bond posted and to the
extent such costs exceed the amount of the performance bond, collect those excess
costs in accordance with the Rohnert Park Municipal Code. Unless otherwise provided
herein, the City has no obligation to store such facility. Neither the permittee nor the
owner nor operator shall have any claim if the City destroys any such facility not timely
removed by the permittee, owner, or operator after notice, or removed by the City due to
exigent circumstances.
22. Definitions. For the purposes of this section, the following words, phrases, and terms shall have
the meanings set forth herein. Words not defined shall be given their common and ordinary
meaning.
a. “Accessory equipment” means any equipment associated with the installation of a
wireless communications facility, including, but not limited to, cabling, generators, air
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Supplemental Item
Item 7.2
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conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment
buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
b. “Antenna” means that part of a wireless communications facility designed to radiate or
receive radio frequency signals or electromagnetic waves for the provision of services,
including, but not limited to, cellular, paging, personal communications services (PCS)
and microwave communications. Such devices include, but are not limited to, directional
antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional
antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points.
c. “Approval authority” means the City official, commission, or governing entity responsible
for review of permit applications and vested with the authority to approve or deny such
applications. The approval authority for a conditional use permit is the Planning
Commission or, on appeal, the City Council. The approval authority for an administrative
permit or temporary use permit is the Director, or on appeal, the Planning Commission,
unless the administrative permit is for an eligible facilities request or approval for
collocation pursuant to California Government Code Section 65850.6, in which case the
appeal shall be considered by the City Manager.
d. “Base station” means “base station” as defined in 47 C.F.R. Section 1.6100(b)(2), as
may be amended.
e. “Building-mounted” means mounted to the side or façade, but not the roof, of a building
or another structure such as a water tank, pump station, church steeple, freestanding
sign, or similar structure.
f. “Cellular” means an analog or digital wireless telecommunications technology that is
based on a system of interconnected neighboring cell sites.
g. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2)
as may be amended.
h. "Communication facility" means an unstaffed facility, generally consisting of antennas,
and equipment cabinet or structure, and related equipment, which receives and/or
transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
i. “CPCN” means a “Certificate of Public Convenience and Necessity” granted by the
CPUC or its duly appointed successor agency pursuant to California Public Utilities Code
§§ 1001 et seq., as may be amended.
j. “CPUC” means the California Public Utilities Commission established in the California
Constitution, Article XII, § 5, or it’s duly appointed successor agency.
k. “Director” means the Director of the Development Services Department of the City of
Rohnert Park, or the Director’s designee.
l. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(3), as may be amended.
m. “Eligible support structure” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(4), as may be amended.
n. "Equipment cabinet" means a cabinet or structure used to house equipment associated
with a wireless, hard wire, or cable communication facility.
o. “Existing” means the same as defined by the FCC in 47 C.F.R. Section 1.6100, as may
be amended, which provides that a constructed tower or base station is existing for
purposes of the FCC’s Section 6409 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.
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p. “FCC” means the Federal Communications Commission or its duly appointed successor
agency.
q. “FCC Shot Clock” means the reasonable time frame within which the City generally must
act on a given wireless application as set forth in 47 C.F.R. section 1.6003, as may be
amended.
r. “Light Standard” means a raised light source, supported by a concrete, metal, or wood
pole, located on the edge of a sidewalk, street, and/or pathway.
s. “Macrocell facility” is any proposed personal wireless service facility that does not meet
the definition of a “small wireless facility,” as defined in 47 C.F.R. 1.6002(l), and that
does not meet the definition of an eligible facilities request under 47 C.F.R. Section
1.6100(b)(3).
t. “Modification” means any change to an existing wireless communications facility that
involves any of the following: collocation, expansion, modification, alteration,
enlargement, intensification, reduction, or augmentation, including, but not limited to, a
change in size, shape, color, visual design, or exterior material. 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.
u. “Monopole” means a structure consisting of a single pole used to support antennas or
related equipment and includes a monopine, monoredwood, and similar monopoles
camouflaged to resemble trees or other objects.
v. “OTARD device” means any antenna or mast meeting the requirements set forth in 47
C.F.R. §§ 1.4000(a)(1)(i)–(iv).
w. “Personal wireless services” means the same as defined in 47 U.S.C. Section
332(c)(7)(C)(i), as may be amended.
x. “Personal wireless service facility” means a facility that is used to provide personal
wireless services.
y. “Pole” means 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 the Municipal Code.
z. “Public right-of-way or “right-of-way” means any public street, public way, public alley or
public place, laid out or dedicated, and the space on, above or below it, and all
extensions thereof, and additions thereto, under the jurisdiction of the City.
aa. “RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in
the electromagnetic spectrum range.
bb. “Roof-mounted” means mounted directly on the roof of any building or structure, above
the eave line of such building or structure.
cc. "Service provider" means any authorized provider of personal wireless services to end
users.
dd. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as may
be amended, which provides that for towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site, and, 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.
ee. “Small cell wireless facility” shall have the same meaning as “small wireless facility” inas
47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services
facility that meets the following conditions that, solely for convenience, have been set
forth below):
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(1) The facility—
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47
C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent
structures, or
(iii) does not extend an existing structure on which it is located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), 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. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of
the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
ff. “Substantial change” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(7), as may be amended
gg. “Telecommunications tower” or "tower" means 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 personal wireless 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. This definition does not include utility poles.
hh. “Temporary wireless communication facilities” means portable wireless communication
facilities intended or used to provide personal wireless services on a temporary or
emergency basis, such as a large-scale special event in which more users than usual
gather in a confined location or when a disaster disables permanent wireless
communication facilities. Temporary wireless communication facilities include, without
limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks
(“COLTs”) or other similarly portable wireless communication facilities not permanently
affixed to site on which is located.
ii. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(8), as may be amended, which defines that term as equipment that facilitates
transmission for any FCC-licensed or authorized wireless communication 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.
jj. “Utility pole” means a pole or tower owned by any utility company or third party that is
primarily used to support wires or cables necessary to the provision of electrical, phone or
other utility services. A tower is not a utility pole.
kk. “Wireless” or “Wireless services” means personal wireless service, as defined in 47
U.S.C. Section 332(c)(7)(C)(i).
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ll. “Wireless communication facility” or “Wireless telecommunication facility” means any
facility constructed, installed, or operated for personal wireless service, as defined in 47
U.S.C. Section 332(c)(7)(C)(i), and includes, but is not limited to, antennas or other types
of equipment for the transmission or receipt of such signals, telecommunications towers
or similar structures supporting such equipment, related accessory equipment, equipment
buildings, parking areas, and other accessory development. “Wireless
telecommunications facility” specifically excludes the following:
(1) 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.
(2) Any OTARD device.
(3) 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.
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New footnote in Section 17.07.20:
F. AMATEUR RADIO SERVICE INSTALLATIONS.
1. Purpose. The purpose of this section is to regulate amateur radio service facilities subject to
licensing by the FCC, in a manner consistent with FCC regulation 47 C.F.R. section 97.15
and California Government Code section 65850.3. The city finds that regulation of the size,
location, height and screening of antennas is necessary for the preservation of the health, safety
and welfare of the community. More stringent regulation of antennas is necessary in residential
areas compared to nonresidential areas in order to preserve the appearance of the community.
2. Amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a “HAM”
radio transmission), including antenna structures, shall be considered a permitted use,
provided there is no more than one antenna structure on a single parcel and the antenna
structure does not exceed the maximum building height limits of the zoning district.
3. Exceeding the maximum height limits of the applicable zoning district, or having more than
one antenna structure, shall be permitted upon first obtaining a use permit. A use permit may
be granted by the Planning Commission upon a demonstration by the applicant that:
a. That the antenna structures, including antennas, guy wires, support structures and
accessory equipment shall be located, sized and designed so as to minimize the amount
of the antenna that is visible from surrounding properties, public streets and all public
rights-of-way, recognizing that complete screening may not be possible; and
b. That the proposed height or number of installations will not pose a public safety hazard;
and
c. That issuance of a use permit is necessary to reasonably accommodate the desire for
communication using the amateur radio service, and this desire cannot be sufficiently
accommodated by a single antenna structure meeting the height limits of the applicable
zoning district.