HomeMy WebLinkAbout737ORDINANCE NO. 737
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, ADDING CHAPTER 12.12 OF THE
IRWINDALE MUNICIPAL CODE
A. The City Council may make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws.
B. Significant changes in Federal and State law that affect local authority over
wireless communications facilities ("WCFs") have occurred, including but not limited to
the following:
On November 18, 2009, the Federal Communications Commission
("FCC') adopted a declaratory ruling (the "2009 Shot Clock"), which
established presumptively reasonable timeframes for State and local
governments to act on applications for WCFs.
ii. On February 22, 2012, Congress adopted Section 6409(a) of the
Middle Class Tax Relief and Job Creation Act ("Section 6409(a)"),
which mandated that State and local governments approve certain
modifications and collocations to existing WCFs, known as eligible
facilities requests.
iii. On October 17, 2014, the FCC adopted a report and order that,
among other things, implemented new limitations on how State and
local governments review applications covered by Section 6409(a),
established an automatic approval for such applications when the
local reviewing authority fails to act within 60 days, and also further
restricted generally applicable procedural rules under the 2009 Shot
Clock.
iv. On October 9, 2015, California adopted Assembly Bill No. 57 (Quirk),
which deemed approved any WCF applications when the local
reviewing authority fails to act within the 2009 Shot Clock
timeframes.
v. On August 2, 2018, the FCC adopted a declaratory ruling that
formally prohibited express and de facto moratoria for all
telecommunications services and facilities under 47 U.S.C. § 253(a).
vi. On September 26, 2018, the FCC adopted a declaratory ruling and
report and order that, among other things, creates a new regulatory
classification for small wireless facilities ("SWFs"), requires State and
local governments to process applications for small wireless facilities
within 60 days or 90 days, establishes a national standard for an
effective prohibition and provides that a failure to act within the
Ordinance No. 737
Page 1
applicable timeframe presumptively constitutes an effective
prohibition.
C. In addition to the changes described above, new Federal laws and
regulations that drastically alter local authority over WCFs are currently pending, including
without limitation, the following:
i. On March 30, 2017, the FCC issued a Notice of Proposed
Rulemaking (WT Docket No. 17-79, WC Docket No. 17-84) and has
acted on some of the noticed issues referenced above, but may
adopt forthcoming rulings and/or orders that further limit local
authority over wireless facilities deployment.
ii. On June 28, 2018, United States Senator John Thune introduced
and referred to the Senate Committee on Commerce, Science and
Transportation the "STREAMLINE Small Cell Deployment Act"
(S. 3157) that, among other things, would apply specifically to small
cell WCFs and require local governments to review applications
based on objective standards, shorten the 2009 Shot Clock
timeframes, require all proceedings to occur within the 2009 Shot
Clock timeframes, and provide a "deemed granted" remedy for
failure to act within the applicable 2009 Shot Clock.
D. Given the rapid and significant changes in Federal and State law, the actual
and effective prohibition on moratoria to amend local policies in response to such changes
and the significant adverse consequences for noncompliance with Federal and State law,
the City Council desires to amend Chapter 12.12 of the Irwindale Municipal Code, entitled
"Chapter 12.12.000 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY" (the "Ordinance") to allow greater flexibility and responsiveness to the
new Federal and State laws while still preserving the City's traditional authority to the
maximum extent practicable.
E. On June 26, 2019, the City Council held a duly noticed public hearing on
the Amendment, reviewed and considered the staff report, other written reports, public
testimony and other information contained in the record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and
correct and incorporated by reference. The recitals constitute findings in this matter and,
together with the staff report, other written reports, public testimony and other information
contained in the record, are an adequate and appropriate evidentiary basis for the actions
taken in the Ordinance.
Ordinance No. 737
Page 2
SECTION 2. The Ordinance is consistent with the City's General Plan, Irwindale
Municipal Code, Irwindale Zoning Code and applicable Federal and State law.
SECTION 3. The Ordinance will not be detrimental to the public interest, health,
safety, convenience or welfare.
SECTION 4. The Ordinance is not a project within the meaning of Section 15378
of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has
no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific
piece of property within the City's boundaries. The Ordinance is further exempt from
CEQA because the City Council's adoption of the Ordinance is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment (State CEQA Guidelines, § 15061(b)(3)). Installations, if any,
would be exempt from CEQA review In accordance with either State CEQA Guidelines
Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303
(new construction or conversion of small structures), and/or State CEQA Guidelines
Section 15304 (minor alterations to land).
SECTION S. The Ordinance is hereby adopted by the addition of a new Chapter
12.12, "WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-
WAY" in Title 12 of the Irwindale Municipal Code to read in its entirety as shown in Exhibit
"A" attached hereto and incorporated herein by this reference.
SECTION 6. If the provisions in this Ordinance conflict in whole or in part with
any other City regulation or ordinance adopted prior to the effective date of this section,
the provisions in this Ordinance will control.
SECTION 7. If any subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional
or otherwise unenforceable, such decision shall not affect the validity of the remaining
portion of this Ordinance or any part thereof. The City Council hereby declare that they
would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph,
sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable.
SECTION 8. This ordinance shall be in effective on the thirtieth (30th) day after
the day of its adoption.
SECTION 9. The City Clerk shall certify as to the passage and adoption of this
Ordinance and shall cause the same to be posted at the designated locations in the City
of Irwindale.
Ordinance No. 737
Page 3
ADOPTED, SIGNED and APPROVED this 24th day of July 2019.
ATTEST:
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do hereby
certify that the foregoing Ordinance No. 737 was duly introduced at a regular City Council
meeting held on the 26th day of June 2019, and adopted at a regular meeting of the City
Council held on the 24th day of July 2019, by the following roll call vote:
AYES: Councilmembers: Burrola, Garcia, Ortiz, Mayor Ambriz
NOES: Councilmembers: None
ABSENT: Councilmembers: Breceda
ABSTAIN: Councilmembers: None
M. Nieto, MMC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 737, adopted by the
City Council of the City of Irwindale at its regular meeting held July 24, 2019 to be posted at the City Hall,
Library, and Post Office on July 25, 2019.
aYn .4db
kauro M. Nieto, MMC
Chi Deputy City Clerk
Ordinance No. 737
Page 4
Dated: July 25, 2019
CITY OF IRWINDALE POLICY
SMALL WIRELESS FACILITIES PER 47 CFR 1.6002(1)
"SWF REGULATIONS"
SUBJECT:
Small Wireless Facilities (Administrative
Approvals and Standards
POLICY NO.:
AUTHORITY:
ORDINANCE NO.: 735
Resolution No. 2019-23-3107
TABLE OF CONTENTS
DATE ADOPTED:
Page
SECTION 1. GENERAL PROVISIONS......................................................................................1
SECTION 1.1 PURPOSE AND INTENT...........................................................................1
SECTION 1.2 GENERAL DEFINITIONS.........................................................................1
SECTION 2. SMALL WIRELESS FACILITIES.........................................................................2
SECTION 2.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS .............2
SECTION 2.2 SMALL CELL PERMIT APPLICATION REQUIREMENTS;
PRE -APPLICATION PUBLIC NOTICING REQUIREMENTS ...............3
SECTION 2.3 SMALL CELL PERMIT APPLICATION SUBMITTAL AND
COMPLETENESS REVIEW......................................................................6
SECTION 2.4 ADDITIONAL FINDINGS FOR SWFs.....................................................7
SECTION 2.5 STANDARD CONDITIONS OF APPROVAL..........................................7
SECTION 2.6 SECTION 2.6. LOCATION REQUIREMENTS.......................................9
SECTION 2.7 DESIGN STANDARDS............................................................................10
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City of Irwindale Small Wireless Facility Policy
SECTION 1. GENERAL PROVISIONS
SECTION 1.1 PURPOSE AND INTENT
This Policy 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,
regulations or other legal requirements for rights-of-way management; (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 facilities
comply with the FCC' s regulations concerning such emissions; (5) prohibit any collocation or
modification that the City may not deny under federal or California state law; (6) impose any
unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to
provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt
any applicable federal or California law.
SECTION 1.2 GENERAL DEFINITIONS
(a) Undefined Terms. Undefined phrases, terms or words in this Policy will have the
meanings assigned to them in Chapter 12.12 of the Irwindale Municipal Code, as may be
amended or superseded, and, if not defined therein, will have their ordinary meanings. If
any definition assigned to any phrase, term or word in this Policy conflicts with any federal
or state -mandated definition, the federal or state -mandated definition will control.
(b) Defined Terms.
(1) "approval authority" means the City official responsible for reviewing
applications for small cell permits and vested with the authority to approve,
conditionally approve or deny such applications as provided in this Policy. The
approval authority for applications in connection with small wireless facilities
within the public rights-of-way shall be the City Engineer or his/her designee.
(2) "arterial road" means a road designed primarily for long-distance travel with a
typical curb -to -curb width of 106 feet to 80 feet, high traffic capacity and low
accessibility from neighboring roads. The term "arterial road" as used in this Policy
includes freeways, prime arterials, urban major and major roadways as defined in
the City of Irwindale General Plan, Circulation Element.
(3) "collector road" means a road designed primarily as a connection between local
roads and arterials, with a typical curb -to -curb width of 64 feet to 40 feet, moderate
to low traffic capacity and high accessibility from local roads. The term "collector
road" as used in this Policy includes 4 -lane collectors, 2 -lane collectors and 2 -lane
light collectors as defined in the City of Irwindale General Plan, Circulation
Element.
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City of Irwindale Small Wireless Facility Policy
(4) "concealed" or "concealment" means camouflaging techniques that integrate the
transmission equipment into the surrounding natural and/or built environment such
that the average, untrained observer cannot directly view the equipment but would
likely recognize the existence of the wireless facility or concealment technique.
Camouflaging concealment techniques include, but are not limited to: (1) facade or
rooftop mounted pop -out screen boxes; (2) antennas mounted within a radome
above a streetlight; (3) equipment cabinets in the public rights-of-way painted or
wrapped to match the background; and (4) an isolated or standalone faux -tree.
(5) "decorative pole" means any pole that includes decorative or ornamental features,
design elements and/or materials intended to enhance the appearance of the pole or
the public rights-of-way in which the pole is located.
(6) "FCC Shot Clock" means the presumptively reasonable time frame within which
the City generally must act on a given wireless application, as defined by the FCC
and as may be amended from time to time.
(7) "ministerial permit" means any City -issued non -discretionary permit required to
commence or complete any construction or other activity subject to the City's
jurisdiction. Ministerial permits may include, without limitation, a building permit,
construction permit, electrical permit, encroachment permit, excavation permit
and/or traffic control permit.
(8) "personal wireless services" means the same as defined in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended or superseded, which defines the term as
commercial mobile services, unlicensed wireless services and common carrier
wireless exchange access services.
(9) "personal wireless service facilities" means the same as defined in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended or superseded, which defines the term as
facilities that provide personal wireless services.
(10) "RF" means radio frequency or electromagnetic waves generally between 30 kHz
and 300 GHz in the electromagnetic spectrum range.
(11) "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C.
§ 1455(a), as maybe amended.
(12) "Small cell' bears the same meaning as "small wireless facility" or "SWF" as used
in Chapter 12.12 of the Irwindale Municipal Code.
SECTION 2. SMALL WIRELESS FACILITIES
SECTION 2.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS
(a) Applicable Wireless Facilities. Except as expressly provided otherwise in this Policy, the
provisions in this Policy shall be applicable to all existing small wireless facilities (SWFs)
01005.0015/553608.2
City of Irwindale Small Wireless Facility Policy
and all applications and requests for authorization to construct, install, attach, operate,
collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within
the City's jurisdictional and territorial boundaries within the public rights-of-way (PROW).
SECTION 2.2 SMALL CELL PERMIT APPLICATION REQUIREMENTS; PRE -
APPLICATION PUBLIC NOTICING REQUIREMENTS
(a) Small Cell Permit Application Contents. All applications for a SWF WTFP must
include all the information and materials required in this subsection (a), unless exempted
by the approval authority.
(1) Application Form. The applicant shall submit a complete, duly executed SWF
WTFP application on the then -current form prepared pursuant to Chapter 12.12 of
the Irwindale Municipal Code.
(2) Application Fee. The applicant shall submit the applicable SWF WTFP
application fee established by City Council resolution. Batched applications must
include the applicable application fee for each SWF in the batch.
(3) Construction Drawings. The applicant shall submit true and correct construction
drawings, prepared, signed and stamped by a California licensed or registered
engineer, that depict all the existing and proposed improvements, equipment and
conditions related to the proposed project, which includes without limitation any
and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian
ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants,
equipment cabinets, antennas, cables, trees and other landscape features. The
construction drawings must: (i) contain cut sheets that contain the technical
specifications for all existing and proposed antennas and accessory equipment,
which includes without limitation the manufacturer, model number and physical
dimensions; (ii) identify all structures within 5 feet from the proposed project site
and call out such structures' overall height above ground level; (iii) depict the
applicant's plan for electric and data backhaul utilities, which shall include the
locations for all conduits, cables, wires, handholes, junctions, transformers, meters,
disconnect switches, and points of connection; and (iv) demonstrate that proposed
project will be in full compliance with all applicable health and safety laws,
regulations or other rules, which includes without limitation all building codes,
electric codes, local street standards and specifications, and public utility
regulations and orders.
(4) Site Survey. For any SWF proposed to be located within the PROW, the applicant
shall submit a survey prepared, signed and stamped by a California licensed or
registered engineer. The survey must identify and depict all existing boundaries,
encroachments and other structures within 250 feet from the proposed project site,
which includes without limitation all: (i) traffic lanes; (ii) all private properties and
property lines; (iii) above and below -grade utilities and related structures and
encroachments; (iv) fire hydrants, roadside call boxes and other public safety
infrastructure; (v) streetlights, decorative poles, traffic signals and permanent
01005.0015/553608.2 3
City of Irwindale Small Wireless Facility Policy
signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii)
benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing
trees, planters and other landscaping features.
(5) Photo Simulations. The applicant shall submit site photographs and photo
simulations that show the existing location and proposed SWF in context from at
least three vantage points within the public streets or other publicly accessible
spaces, together with a vicinity map that shows the proposed site location and the
photo location for each vantage point.
(6) Project Narrative and Justification. The applicant shall submit a written
statement that explains in plain factual detail whether and why the proposed
wireless facility qualifies as a SWF as defined by the FCC in 47 C.F.R. 1.6002(1).
A complete written narrative analysis will state the applicable standard and all the
facts that allow the City to conclude the standard has been met—bare conclusions
not factually supported do not constitute a complete written analysis. As part of
the written statement the applicant must also include (i) whether and why the
proposed support is a structure as defined by the FCC in 47 C.F.R. § 1.6002(m);
and (ii) whether and why the proposed wireless facility meets each required finding
for a SWF permit as provided in Section 2.4.
(7) RF Compliance Report. The applicant shall submit an RF exposure compliance
report that certifies that the proposed SWF, as well as any collocated wireless
facilities, will comply with applicable federal RF exposure standards and exposure
limits. The RF report must be prepared and certified by an RF engineer acceptable
to the City. The RF report must include the actual frequency and power levels (in
watts ERP) for all existing and proposed antennas at the site and exhibits that show
the location and orientation of all transmitting antennas and the boundaries of areas
with RF exposures in excess of the uncontrolled/general population limit (as that
term is defined by the FCC) and also the boundaries of areas with RF exposures in
excess of the controlled/occupational limit (as that term is defined by the FCC).
Each such boundary shall be clearly marked and identified for every transmitting
antenna at the project site.
(8) Public Notice. Prior to a SWF application being deemed complete, applicants shall
submit proof of mailing of public notice to all owners and occupants of real
property, and the resident manager for any multi -family dwelling unit that includes
ten (10) or more units, within 300 feet of the proposed SWF. The notice must
contain: (1) a general project description and dimensioned, full color photo
simulations; (2) the applicant's identification and contact information as provided
on the application submitted to the City; (3) contact information for the approval
authority; (4) a statement that the approval authority will act on the application
without a public hearing but will accept written public comments that evaluate the
application for compliance with the standards in this Policy; (5) a statement that the
FCC requires the City to act on small cell permit applications, which includes any
administrative appeals, in 60 days for attachments to existing structures and 90 days
for new structures, unless the applicant voluntarily agrees to toll the timeframe for
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City of Irwindale Small Wireless Facility Policy
review; and (6) a deadline for submission of written public comments to the
approval authority, which deadline shall not be less than thirty (30) days after
mailing of said notice.
(9) Regulatory Authorization. The applicant shall submit evidence of the applicant's
regulatory status under federal and California law to provide the services and
construct the SWF proposed in the application.
(10) Site Agreement. For any SWF proposed to be installed on any structure owned or
controlled by the City and located within the public rights-of-way, the applicant
must enter into a site agreement prepared on a form prepared by the City and
approved by the City Attorney that states the terms and conditions for such non-
exclusive use by the applicant. No changes shall be permitted to the City's form
site agreement except as may be indicated on the form itself. Any unpermitted
changes to the City's form site agreement shall be deemed a basis to deem the
application incomplete.
(11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and
certified by an engineer for the proposed SWF and all associated equipment
including all environmental control units, sump pumps, temporary backup power
generators and permanent backup power generators demonstrating compliance with
the City's noise regulations at Chapter 9.28 of the Irwindale Municipal Code. The
acoustic analysis must also include an analysis of the manufacturers' specifications
for all noise -emitting equipment and a depiction of the proposed equipment relative
to all adjacent property lines. In lieu of an acoustic analysis, the applicant may
submit evidence from the equipment manufacturer that the ambient noise emitted
from all the proposed equipment will not, both individually and cumulatively,
exceed the applicable limits.
(12) Wind Load Analysis. The applicant shall submit a wind load analysis with an
evaluation of high wind load capacity and shall include the impact of modification of
an existing facility.
(13) Environmental Data. A completed environmental assessment application, or in the
alternative any and all documentation identifying the proposed WTFP as exempt from
environmental review (under the California Environmental Quality Act, Public
Resources Code 21000-21189, the National Environmental Policy Act, 42 U.S.C.
§4321 et seq., or related environmental laws). Notwithstanding any determination of
environmental exemption issued by another governmental entity, the city reserves its
right to exercise its rights as a responsible agency to review de novo the environmental
impacts of any WTFP application.
(14) FAA Documentation. Copies of any documents that the applicant is required to file
pursuant to Federal Aviation Administration regulations for the proposed wireless
telecommunications facility.
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City of Irwindale Small Wireless Facility Policy
(15) Traffic Control Plan (TCP). A traffic control plan when the proposed installation is
on any street in a non-residential zone. The city shall have the discretion to require a
traffic control plan when the applicant seeks to use large equipment (e.g. crane).
(16) Landscape Plan. A scaled conceptual landscape plan showing existing trees and
vegetation and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity will screen the SWF
and its accessory equipment.
(17) CPCN. Certification that applicant is a telephone corporation or a statement providing
the basis for its claimed right to enter the PROW. If the applicant has a certificate of
public convenience and necessity (CPCN) issued by the California Public Utilities
Commission, it shall provide a copy of its CPCN.
(b) Additional Requirements. The City Council authorizes the approval authority to
develop, publish and from time to time update or amend permit application requirements,
forms, checklists, guidelines, informational handouts and other related materials that the
approval authority finds necessary, appropriate or useful for processing any application
governed under this Policy. All such requirements and materials must be in written form
and publicly stated to provide all interested parties with prior notice (or posted upon the
City's website).
SECTION 2.3 SMALL CELL PERMIT APPLICATION SUBMITTAL AND
COMPLETENESS REVIEW
(a) Pre -Submittal Conferences. For purposes of SWFs only, and notwithstanding any
contrary provisions of Chapter 12.12, the City does not require pre -submittal appointments
for the submission of SWF WTFPs. However, the City strongly encourages applicants to
schedule and attend a pre -submittal conference with the approval authority for all proposed
SWF projects, and particularly those that involve more than five SWFs. This voluntary
pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to
streamline the review process through informal discussion that includes, without limitation,
the appropriate project classification and review process; any latent issues in connection
with the proposed project, including compliance with generally applicable rules for public
health and safety; potential concealment issues or concerns (if applicable); coordination
with other City departments responsible for application review; and application
completeness issues. To mitigate unnecessary delays due to application incompleteness,
applicants are encouraged (but not required) to bring any draft applications or other
materials so that City staff may provide informal feedback and guidance about whether
such applications or other materials may be incomplete or unacceptable. The approval
authority shall use reasonable efforts to provide the applicant with an appointment within
five working days after receiving a written request and any applicable fee or deposit to
reimburse the City for its reasonable costs to provide the services rendered in the pre -
submittal conference.
(b) Batched Applications. Applicants may submit up to five individual applications for a
SWF permit in a batch; provided, however, that small wireless facilities in a batch must be
proposed with substantially the same equipment in the same configuration on the same
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City of Irwindale Small Wireless Facility Policy
support structure type. Each application in a batch must meet all the requirements for a
complete application, which includes without limitation the application fee for each site in
the batch. If any application in a batch is incomplete, the entire batch shall be deemed
incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire
batch shall be deemed withdrawn. If any application in a batch fails to meet the required
findings for approval, the entire batch shall be denied.
(c) Additional Procedures. The City Council authorizes the approval authority to establish
other reasonable rules and regulations for duly filed applications. All such rules and
regulations must be in written form and publicly stated to provide all interested parties with
prior notice (or posted upon the City's website).
SECTION 2.4 ADDITIONAL FINDINGS FOR SWFs
(a) Required Findings. In addition to those finding requirements set forth in Chapter 12.12
for SWF WTFP, the following findings are required for the approval or conditional
approval of a SWF application:
(1) The proposed SWF would not be located on a prohibited support structure
identified in this Policy;
(2) The proposed SWF would utilize the most preferred support structure and
location within 250 feet from the originally proposed site in any direction, or the
applicant has demonstrated with clear and convincing evidence in the written
record that any more -preferred support structure(s) or locations within 250 feet
would be technically infeasible;
(3) All public notices required for the application have been given.
(b) Because Section 332(c)(7) of the Telecommunications Act preempts local decisions premised
directly or indirectly on the environmental effects of radio frequency (RF) emissions, no
decision upon a SWF application shall be premised upon the environmental or health effects
of RF emissions, nor shall public comments be considered to the extent they are premised
upon the environmental or health effects of RF emissions.
SECTION 2.5 STANDARD CONDITIONS OF APPROVAL
(a) General Conditions. In addition to all other conditions adopted by the approval authority
and Chapter 12.12 for a SWF permit, all SWF WTFPs issued under this Policy shall be
automatically subject to the conditions in this subsection (a).
(1) Post -Installation Certification. Within 60 calendar days after the permittee
commences full, unattended operations of a SWF approved or deemed -approved,
the permittee shall provide the approval authority with documentation reasonably
acceptable to the approval authority that the SWF has been installed and/or
constructed in strict compliance with the approved construction drawings and photo
simulations. Such documentation shall include without limitation as -built
drawings, GIS data and site photographs.
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City of Irwindale Small Wireless Facility Policy
(2) Adverse Impacts on Other Properties. In addition to those requirements in
Chapter 12.12, 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 by the Municipal 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 or other state or federal government agency or official with authority to
declare a state of emergency within the City. The approval authority may issue a
stop work order for any activities that violates this condition in whole or in part.
(3) Inspections; Emergencies. The permittee expressly acknowledges and agrees
that the City's officers, officials, staff, agents, contractors or other designees may
enter onto the site and inspect the improvements and equipment upon reasonable
prior notice to the permittee. Notwithstanding the prior sentence, the City's
officers, officials, staff, agents, contractors or other designees may, but will not
be obligated to, enter onto the site area without prior notice to support, repair,
disable or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or
persons. The permittee, if present, may observe the City's officers, officials, staff
or other designees while any such inspection or emergency access occurs.
(4) Future Undergrounding Programs. If other public utilities or communications
providers in the PROW underground their facilities in the segment of the PROW
where the permittee's SWF is located, the permittee must underground its
equipment except the antennas and any other equipment that must be placed above
ground to function. Accessory equipment such as radios and computers that require
an environmentally controlled underground vault to function shall not be exempt
from this condition. SWFs installed on wood utility poles that will be removed
pursuant to the undergrounding program may be reinstalled on a streetlight that
complies with the City's standards and specifications. Such undergrounding shall
occur at the permittee's sole cost and expense except as may be reimbursed through
tariffs approved by the state public utilities commission for undergrounding costs.
(5) Electric Meter Upgrades. If the commercial electric utility provider adopts or
changes its rules obviating the need for a separate or ground -mounted electric meter
and enclosure, the permittee on its own initiative and at its sole cost and expense
shall remove the separate or ground -mounted electric meter and enclosure. Prior
to removing the electric meter, the permittee shall apply for any encroachment
and/or other ministerial permit(s) required to perform the removal. Upon removal,
the permittee shall restore the affected area to its original condition that existed
prior to installation of the equipment.
(6) Rearrangement and Relocation. The permittee acknowledges that the City, in its
sole discretion and at any time, may: (i) change any street grade, width or location;
(ii) add, remove or otherwise change any improvements in, on, under or along any
street owned by the City or any other public agency, which includes without
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City of Irwindale Small Wireless Facility Policy
limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles
and utility systems for gas, water, electric or telecommunications; and/or (iii)
perform any other work deemed necessary, useful or desirable by the City
(collectively, "City work"). The City reserves the rights to do any and all City work
without any admission on its part that the City would not have such rights without
the express reservation in the SWF permit. If the City Engineer determines that
any City work will require the permittee's SWF located in the PROW to be
rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or
cause to be done all things necessary to accomplish such rearrangement and/or
relocation. If the permittee fails or refuses to either permanently or temporarily
rearrange and/or relocate the permittee's SWF within a reasonable time after the
City Engineer's notice, the City may (but will not be obligated to) cause the
rearrangement or relocation to be performed at the permittee's sole cost and
expense. The City may exercise its rights to rearrange or relocate the permittee's
SWF without prior notice to permittee when the City Engineer determines that the
City work is immediately necessary to protect public health or safety. The
permittee shall reimburse the City for all costs and expenses in connection with
such work within 10 days after a written demand for reimbursement and reasonable
documentation to support such costs.
SECTION 2.6 SECTION 2.6. LOCATION REQUIREMENTS
(a) Preface to Location Requirements. Applications that involve lesser -preferred locations
or structures may be approved so long as the applicant demonstrates that either (1) no more
preferred locations or structures exist within 250 feet from the proposed site; or (2) any
more preferred locations or structurers within 250 feet from the proposed site would be
technically infeasible to achieve the operator's service objectives, as supported by clear
and convincing evidence in the written record. The final subsection of this Section 2.6
identifies "prohibited" support structures on which the City shall not approve any small
cell permit application for any competitor or potential competitor.
(1) Allowable locations for SWFs are on existing or replacement infrastructure such as
street lights and utility poles.
(2) When locating in an alley, the SWF shall be placed at a height above the roof line
of adjacent buildings to avoid being placed adjacent to a window. When locating
in a walk -street, the facility shall be placed below the roof line of the adjacent
buildings.
(3) When choosing locations, choose locations in between occupiable buildings rather
than immediately adjacent to occupiable buildings, and not adjacent to a window.
(4) If the SWF is not able to be placed on existing infrastructure, the applicant shall
provide a map of existing infrastructure in the service area and describe why each
such site was not feasible.
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City of Irwindale Small Wireless Facility Policy
(b) Locations in the Public Rights -of -Way. The City prefers small wireless facilities in the
public rights-of-way to be installed in locations, ordered from most preferred to least
preferred, as follows:
(1) Locations within commercial or industrial districts on or along arterial roads;
(2) Locations within commercial or industrial districts on or along collector roads;
(3) Locations within commercial or industrial districts on or along local roads;
(4) Locations within residential districts on or along arterial roads;
(5) Locations within residential districts on or along collector roads;
(6) Any location in any district within 250 feet from any structure approved for a
residential use.
(c) Support Structures in the Public Rights -of -Way. The City prefers SWFs to be installed
on support structures in the PROW, ordered from most preferred to least preferred, as
follows:
(1) Existing or replacement streetlight poles;
(2) Existing or replacement wood utility poles;,
(3) New, non -replacement streetlight poles;
(4) New, non -replacement poles for small wireless facilities.
(d) Prohibited Support Structures. The City prohibits SWFs to be installed on the
following support structures:
(1) Decorative poles;
(2) Traffic signals, signs, poles, cabinets and related devices;
(3) Any utility pole scheduled for removal or relocation within 12 months from the
time the approval authority acts on the small cell permit application;
(4) New, non -replacement wood poles.
SECTION 2.7 DESIGN STANDARDS
(a) Visual & Other General Standards. SWFs shall be designed in the least visible means
possible and to be compatible with support structure/surroundings.
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City of Irwindale Small Wireless Facility Policy
(1) Noise. SWFs and all accessory equipment and transmission equipment must
comply with all applicable noise control standards and regulations in Municipal
Code Chapter 9.28, as may be amended or superseded, and shall not exceed, either
on an individual or cumulative basis, the noise limit in the applicable district/zone.
(2) Lights. SWFs shall not include any lights that would be visible from publicly
accessible areas, except as may be required under Federal Aviation
Administration, FCC, other applicable regulations for health and safety. All
equipment with lights (such as indicator or status lights) must be installed in locations
and within enclosures that mitigate illumination impacts visible from publicly
accessible areas. The provisions in this subsection (a)(2) shall not be interpreted or
applied to prohibit installations on streetlights or luminaires installed on new or
replacement poles as may be required under this Policy.
(3) Landscape Features. SWFs shall not displace any existing landscape features
unless: (A) such displaced landscaping is replaced with native and/or drought -
resistant plants, trees or other landscape features approved by the approval authority
and (B) the applicant submits and adheres to a landscape maintenance plan. The
landscape plan must include existing vegetation, and vegetation proposed to be
removed or trimmed, and the landscape plan must identify proposed landscaping
by species type, size and location. Landscape maintenance must be performed in
accordance with Municipal Code Chapter 12.10 as may be amended or superseded
from time to time.
(A) If any trees are damaged or displaced, the permittee shall hire and pay for a
licensed arborist to select, plant and maintain replacement landscaping in
an appropriate location for the species. Only International Society of
Arboriculture certified workers under the supervision of a licensed arborist
shall be used to install the replacement tree(s). Any replacement tree must
be substantially the same size as the damaged tree. The permittee shall, at
all times, be responsible to maintain any replacement landscape features.
(B) To preserve existing landscaping in the public rights-of-way, all work
performed in connection with SWFs shall not cause any street trees to be
trimmed, damaged or displaced. If any street trees are damaged or
displaced, the applicant shall be responsible, at its sole cost and expense,
to plant and maintain replacement trees at the site for the duration of the
permit term.
(4) Site Security Measures. SWFs may incorporate reasonable and appropriate site
security measures, such as locks and anti -climbing devices, to prevent unauthorized
access, theft or vandalism. The approval authority shall not approve any barbed
wire, razor ribbon, electrified fences or any similarly dangerous security measures.
All exterior surfaces on SWFs shall be constructed from or coated with graffiti -
resistant materials.
(5) Signage; Advertisements. All SWFs shall contain a site identification sticker that
accurately identifies the site owner/operator, the owner/operator's site name or
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City of Irwindale Small Wireless Facility Policy
identification number and a toll-free number to the owner/operator's network
operations center. SWFs may not bear any other signage or advertisements unless
expressly approved by the City, required by law or recommended under FCC, OSHA,
Federal Aviation Administration or other United States governmental agencies for
compliance with RF emissions regulations. Permittees shall:
(A) Remove or paint over unnecessary equipment manufacturer decals and fill-
in any visibly depressed manufacturer logos on equipment.
(B) Utilize the smallest and lowest visibility stickers required by government or
electric utility regulations.
(C) Use sticker colors that are muted.
(D) Signage shall be maintained in legible condition and the carrier will be
required to replace any faded signage within thirty (30) days of receiving
written notification from the City that it is in need of replacing.
(6) Compliance with Health and Safety Regulations. All SWFs shall be designed,
constructed, operated and maintained in compliance with all generally applicable
health and safety regulations, which includes without limitation all applicable
regulations for human exposure to RF emissions.
(b) Dimensions; Design. Wireless facilities shall be as small, short and unobtrusive as
possible.
(1) Overall Height. SWFs may not exceed either (A) the minimum separation from
electrical lines required by applicable safety regulations, plus four feet or (B) four
feet above the existing support structure. In addition, SWFs shall be located no
higher than 10% or 10 feet, whichever is greater, than the height otherwise
permitted in the immediately adjacent zoning district.
(2) Concealment. All antennas and associated mounting equipment, hardware, cables
or other connecters must be completely concealed within an opaque antenna shroud
or radome. The antenna shroud or radome must be painted a flat, non -reflective
color to match the underlying support structure. The wireless facility and accessory
equipment shall be camouflaged with use of one or more concealment elements to
blend the facility with surrounding materials and colors of the adjacent street light
or utility pole to which it is mounted. Concealment elements include:
(A) Radio frequency transparent screening;
(B) Approved, specific colors;
(C) Use of non -reflective material(s);
(D) Minimizing the size of the site;
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City of Irwindale Small Wireless Facility Policy
(E) Integrating the installation into existing or replacement utility
infrastructure;
(F) Installing new infrastructure that matches existing infrastructure in the area
surrounding the proposed site.
(G) Antennas, brackets (mounting), PVC or steel risers and cabling shall match
the color of the adjacent structure.
(H) Paint shall be of durable quality.
(I) Materials shall be non-flammable and non -reflective..
(I) Each individual antenna may not exceed three cubic feet in volume and all
antennas may not exceed six cubic feet in volume.
(3) Accessory Equipment.
(A) Installation Preferences. SWF accessory equipment shall be enclosed in
replacement poles or placed underground where technically feasible, and if
not feasible, shall be as small, short and unobtrusive as possible.
Applications that involve lesser -preferred installation locations may be
approved so long as the applicant demonstrates that no more preferred
installation location would be technically infeasible as supported by clear
and convincing evidence in the written record.
(B) Undergrounded Accessory Equipment. All undergrounded accessory
equipment must be installed in an environmentally controlled vault that is
load -rated to meet the City's standards and specifications. Underground
vaults located beneath a sidewalk must be constructed with a slip -resistant
cover. Vents for airflow shall be flush -to -grade when placed within the
sidewalk and may not exceed two feet above grade when placed off the
sidewalk. Applicants shall not be permitted to install an underground vault
in a location that would cause any existing tree to be materially damaged or
displaced.
(c) Streetlights. Applicants that propose to install SWFs on an existing streetlight must
remove and replace the existing streetlight with one substantially similar to the City's
standards and specifications but designed to accommodate wireless antennas and accessory
equipment. To mitigate any material changes in the street lighting patterns, the
replacement pole must: (A) be located as close to the removed pole as possible; (B) be
aligned with the other existing streetlights; and (C) include a luminaire at substantially the
same height and distance from the pole as the luminaire on the removed pole. All antennas
must be installed above the pole within a single, canister style shroud or radome that tapers
to the pole.
(d) Wood Utility Poles. Applicants that propose to install SWFs on an existing wood utility
pole must install all antennas above the pole unless the applicant demonstrates that
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City of Irwindale Small Wireless Facility Policy
mounting the antennas above the pole would be technically infeasible as supported by clear
and convincing evidence in the written record. Side -mounted antennas on a stand-off
bracket or extension arm must be concealed within a shroud. All cables, wires and other
connectors must be concealed within the side-arm mount or extension arm. The maximum
horizontal separation between the antenna and the pole shall be the minimum separation
required by applicable health and safety regulations.
(e) For Replacement Poles and Street Lights. If an applicant proposes a replacement pole
or street light to accommodate the SWF, the replacement shall be in the same location as
the street light or pole being replaced; unless the replacement will not meet all applicable
standards, then replacement may be located in an alternative location that complies with
the requirements herein.
(f) New, Non -Replacement Poles. Applicants that propose to install SWFs on a new, non -
replacement pole must install a new streetlight substantially similar to the City's standards
and specifications but designed to accommodate wireless antennas and accessory
equipment located immediately adjacent to the proposed location. If there are no
existing streetlights in the immediate vicinity, the applicant may install a metal or
composite pole capable of concealing all the accessory equipment either within the pole
or within an integrated enclosure located at the base of the pole. The pole diameter shall
not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen
(16) inches. All antennas, whether on a new streetlight or other new pole, must be
installed above the pole within a single, canister style shroud or radome.
(1) The new pole must actually function for a purpose other than placement of a
wireless facility (e.g. street light, utility pole, etc.).
(2) The design must match the dimensions and design of existing and similar types
of poles and antennas in the surrounding areas.
(g) Encroachments over Private Property. SWFs may not encroach onto or over any private
or other property outside the PROW without the property owner's express written consent.
(h) Backup Power Sources. Fossil -fuel based backup power sources shall not be permitted
within the PROW; provided, however, that connectors or receptacles may be installed for
temporary backup power generators used in an emergency declared by federal, state or
local officials.
(i) Obstructions; Public Safety. Small wireless facilities and any associated equipment
or improvements shall not physically interfere with or impede access to any: (A) worker
access to any above -ground or underground infrastructure for traffic control, streetlight
or public transportation, including without limitation any curb control sign, parking
meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade
reflectors; (B) access to any public transportation vehicles, shelters, street furniture or
other improvements at any public transportation stop; (C) worker access to above-
ground or underground infrastructure owned or operated by any public or private utility
agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors,
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City of Irwindale Small Wireless Facility Policy
passage doors, stoops or other ingress and egress points to any building appurtenant to
the rights-of-way; or (F) access to any fire escape.
(j) Utility Connections. All cables and connectors for telephone, data backhaul, primary
electric and other similar utilities must be routed underground in conduits large enough
to accommodate future collocated wireless facilities. Undergrounded cables and wires
must transition directly into the pole base without any external doghouse. All cables,
wires and connectors between the underground conduits and the antennas and other
accessory equipment shall be routed through and concealed from view within:
(A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable
shroud or conduit mounted as flush to the pole as possible if on a wood pole or other
pole without internal cable space. 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) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial
cables shall not be spooled, coiled or otherwise stored on the pole outside equipment
cabinets or shrouds.
(1) Electric Meters.
(1) SWFs shall use unmetered (flat rate) electric service, if allowed by the utility
company, or use the narrowest, shrouded electric meter and disconnect available.
Permittees shall ensure the meter and other enclosures are well maintained,
including regular painting, and the use of a graffiti -resistant paint, and stack the
disconnect switch abovelbelow the meter, instead of attached to the side of the
meter.
(2) Electrical meters, vaults and fans shall be located underground where feasible.
(m) Building -Mounted Small Wireless Facilities.
(A) Preferred Concealment Techniques. All applicants must propose new
non -tower SWFs 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, if the applicant demonstrates with clear
and convincing evidence that integration with existing features is
technically infeasible, the applicant may 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, steeples and chimneys).
(B) Facade -Mounted Equipment. When SWFs cannot be placed behind
existing parapet walls or other existing screening elements, the approval
authority may approve facade -mounted equipment in accordance with
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City of Irwindale Small Wireless Facility Policy
this Subsection. All facade -mounted equipment must be concealed
behind screen walls and mounted flush to the facade. The approval
authority may not approve "pop -out' screen boxes. Except in industrial
zones, the approval authority may not approve any exposed facade -
mounted antennas, including but not limited to exposed antennas painted
to match the facade.
(n) Future Modifications. Any modifications to existing facilities or collocations shall
not defeat the concealment elements of the existing structure/facility.
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