HomeMy WebLinkAbout2015-08-24 Ordinance 5340DocuSign Envelope ID: 4AD5FEE4-5B2E-4B14-A8A3-2CD486B1369E
Ordinance No. 5340
Ordinance of the Council of the City of Palo Alto
Deleting Section 18.42.110 of Chapter 18.42 of Title 18 of the Palo Alto Municipal Code
and Adding a New Section 18.42.110 Pertaining to the Siting and Permitting of Wireless
Communications Facilities
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.42.110 of Chapter 18.42 of Title 18 of the Palo Alto
Municipal Code is hereby deleted and a new Section 18.42.110 added to read, as
follows:
18.42.110 Wireless Communication Facilities
(a) Purpose and Interpretation
The purpose of this section is two-fold: (A) to implement within the jurisdictional
boundaries of the City the applicable zoning, land use and other laws, rules, regulations
and policies and procedures applicable to siting applications filed with the City by
wireless communications facilities infrastructure owners and operators and Wireless
· Communications Service providers, which seek to install or attach their facilities at
locations in Palo Alto; and (B) to accommodate new wireless technologies and
continued improvements to existing wireless communications facilities while minimizing
their adverse visual and structural health and safety impacts. Consistent with that
purpose, the provisions of this Section are to be construed in a manner that is consistent
with (1) the interest of consumers in receiving the benefits of the deployment of ultra-
high-speed and -capacity broadband wireless communication facilities technology and
innovations and the delivery of ultra-high-speed and -capacity broadband wireless
communications facilities services, (2) the interest in safeguarding the environment,
preserving historic properties, and addressing aesthetics and other local values, and
(3) the interest in promoting the public health, safety and welfare in Palo Alto.
A Wireless Communications Facility is permitted to be sited in Palo Alto subject
to applicable requirements imposed by this Chapter, which may include an architectural
review process, a conditional use permit application process, or both. These processes
are intended to permit Wireless Communications Facilities that blend with their existing
surroundings and do not negatively impact the environment, historic properties, or
public safety. The procedures prescribed by this Chapter are tailored to the type of
Wireless Communication Facility that is sought. Building-mounted wireless-·
communications facilities and Collocation of facilities are preferred and encouraged,
subject to all other provisions of this Section.
(b) Definitions
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The following abbreviations, phrases, terms and words shall have the meanings
assigned in this Section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of
the Palo Alto Municipal Code, as may be amended from time to time, unless the context
indicates otherwise. Words that are not defined in this Section or other Chapters or
Sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter
6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal
Regulations, and, if not defined therein, their common and ordinary meaning.
(1) "Antenna" means a wireless Antenna and its associated equipment. The
term includes a macrocell Antenna and a microcell Antenna.
(2) "Associated equipment" means any and all on-site equipment, including,
without limitation, back-up generators and power supply units, cabinets, coaxial and
fiber optic cables, connections, shelters, radio transceivers, regular power supply units,
and wiring, to which a wireless antenna is attached in order to facilitate mobile
broadband service and personal wireless service delivered on mobile broadband
devices.
(3) "Base Station" means a structure or equipment at a fixed location that
enables FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower as defined
herein or any equipment associated with a tower. Base Station includes, without
limitation:
(i) Equipment associated with wireless communications services such as
private, broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
(iii) Any structure other than a tower that, at the time the relevant
application is filed with the City under this section, supports or houses equipment
described in paragraphs (i)-(ii) above and has been previously reviewed and approved by
the City.
(4) "Collocation" means the mounting or installation of Transmission
Equipment on an Eligible Support Structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
(5) "Eligible Facilities Request" means any request for modification of an
existing Tower or Base Station that, within the meaning of the Spectrum Act, does not
substantially change the physical dimensions of that Tower or Base Station, and involves
(a) the Collocation of new Transmission Equipment, (b) the removal of Transmission
Equipment, or (c) the replacement of Transmission Equipment.
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(G) "Eligible Support Structure" means any existing Tower or Base Station
that exists at the time the application is filed with the City.
(7) "Existing" for a constructed Tower or Base Station, means that the Tower
or Base Station has been previously reviewed and approved under the applicable City
zoning or siting process, or under another applicable 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.
(8) "FCC" means the Federal Communications Commission or successor
agency.
(9) "Project" means a WCF to be located in Palo Alto for which a permit is
required by the City.
(10) "RF" means radio frequency on the radio spectrum.
(11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, " ... a State or local
government may not deny, and shall approve, any Eligible Facilities Request for a
modification of any existing wireless Tower or Base Station that does not substantially
change the physical dimensions of such Tower or Base Station.").
(12) "Substantially Changes" means, in the context of an Eligible Support
Structure, a modification of an existing Tower or Base Station where any of the
following criteria is met:
(i) For a Tower not located in the public rights-of-way:
(a) The height of the Tower is increased by (I) more than ten (10)
percent, or (II) by the height of one additional Antenna array with
separation from the nearest existing Antenna not to exceed twenty
(20) feet, whichever is greater; or
(b) There is added an appurtenance to the body of the Tower that would
protrude from the edge of the Tower by (I) more than twenty (20)
feet, or (II) more than the width of the Tower at the level of the
appurtenance, whichever is greater.
(ii) For a Tower located in the public rights-of-way and for all Base Stations:
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(a) The height of the Tower or Base Station is increased by more than ten
(10) percent or ten (10) feet, whichever is greater; or
(b) There is added an appurtenance to the body of that structure that
would protrude from the edge of that structure by more than six (6)
feet; or
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(c) It involves the installation of ground cabinets that are more than ten
(10) percent larger in height or overall volume than any other ground
cabinets associated with the structure; or
(d) It involves the installation of any new equipment cabinets on the
ground if there is no pre-existing ground cabinet associated with that
structure.
(iii) For any Eligible Support Structure:
(a) It involves the installation of more than the standard number of new
equipment cabinets for the technology involved, but not to exceed
four (4) cabinets; or
(b) There is entailed in the proposed modification any excavation or
deployment outside of the current site of the Tower or Base Station;
or
(c) The proposed modification would cause the concealment/camouflage
elements of the Tower or Base Station to be defeated; or
(d) The proposed modification would not comply with the conditions
associated with the prior siting approval of construction or
modification of the Tower or Base Station, unless the non-compliance
is due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding thresholds
in this section.
(iv) To measure changes in height for the purposes of this section, the
baseline is:
(a) For deployments that are or will be separated horizontally, measured
from the original Support Structure;
(b) For all others, measured from the dimensions of the Tower or Base
Station, inclusive of originally approved appurtenances and any
modifications that were approved by the City prior to February 22,
2012.
(v) To measure changes for the purposes of this section, the baseline is the
dimensions that were approved by the City prior to February 22, 2012.
(13) "Tower" means any structure built for the sole or primary purpose of
supporting any FCC-licensed or -authorized Antenna, including any structure that is
constructed for Wireless Communications Service. This term does not include a Base
Station.
(14) "Transmission Equipment" means equipment that facilitates transmission
of any FCC-licensed or authorized Wireless Communication Service.
(15) "Wireless Communications Facility" or "WCF" means any Antenna,
associated equipment, Base Station, small cell system, Tower, and/or Transmission
Equipment located in Palo Alto.
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(16) "Wireless Communications Service" means, without limitation, all FCC-
licensed back-haul and other fixed wireless services, broadcast, private, and public
safety communication services, and unlicensed wireless services.
(c) Types of WCF Permits Required
(1) A Tier 1 WCF Permit shall be required for an Eligible Facilities Request, as
defined in this Section.
(2) A Tier 2 WCF Permit shall be required for:
(i) Any modification of an Eligible Support Structure, including the
Collocation of new equipment, that Substantially Changes the physical dimensions of
the Eligible Support Structure on which it is mounted, or
(ii) Any Collocation not eligible for a Tier 1 WCF Permit
{3) A Tier 3 WCF Permit shall be required for the siting of any WCF that is not
a Collocation subject to a Tier 1 or 2 WCF Permit.
(d) WCF Application Requirements
All applications for a WCF Permit shall include the following items:
(1) Any applicant for a WCF Permit shall participate in an intake meeting with
the Planning and Community Environment Department to file an application;
(2) The applicant must specify in writing whether the applicant believes the
application is for an Eligible Facilities Request subject to the Spectrum Act, and if so,
provide a detailed written explanation as to why the applicant believes that the
application qualifies as an Eligible Facilities Request;
{3) The applicant shall complete the City's standard application form, as may
be amended from time to time;
(4) The applicant shall include a completed and signed application checklist
available from the City, including all information required by the application checklist;
(5) Payment of the fee prescribed by the Municipal Fee Schedule;
{6) The application must be accompanied by all permit applications with all
required application materials for each separate permit required by the City for the
proposed WCF, including a building permit, an encroachment permit (if applicable) and
an electrical permit (if applicable);
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(7) For Tier 2 and 3 WCF Permits, the applicant must host a community
meeting at a time and location designed to maximize attendance by persons receiving
notice under this subparagraph to provide outreach to the neighborhood around the
Project site. The applicant shall give notice of the community meeting to all residents
and property owners within 600 feet of the Project site at least 14 days in advance of
the community meeting. The applicant shall provide a proof of notice affidavit to the
City that contains:
(i) Proof that the applicant noticed and hosted the community meeting
before filing the application;
(ii) A summary of comments received at the community meeting and what, if
any, changes were made to the application as a result of the meeting;
(8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the.
maximum permitted increase in the physical dimensions of the proposed Project that
would be permitted by the Spectrum Act, using the proposed Project as a baseline; and
(9) Satisfy other such requirements as may be, from time to time, required
by the Planning and Community Environment Department Director ("Director"), as
publically stated in the application checklist.
(e) Permit Review ("Shot Clock") Time Periods
(1) City Review of Application Materials. The timeframe for review of an
application shall begin to run when the application is submitted, but shall be tolled if the
City finds the application incomplete _and provides notice of incompleteness that
delineates the missing information in writing. Such requests shall be made within 30
days of submission of the application. After submission of additional information, the
City will notify the applicant within 10 days of this submission if the additional
information failed to complete the application. If the City makes a determination pursuant
to Section 18.42.110(e)(2)(i) that an application submitted as a Tier 1 Eligible Facilities
Request should be processed as a Tier 2 or Tier 3, then the Tier 2 or Tier 3 Processing Time,
as applicable, shall begin to run when the City issues this decision.
(2) Tier 1 Processing Time. For Tier 1 WCF Permit applications, the City will
act on the WCF application, together with any other City permits required for a
proposed WCF modification, within 60 days, adjusted for any tolling due to requests for
additional information or mutually agreed upon extensions of time.
(i) If the City determines that the application does not qualify as a Tier 1
Eligible Facilities Request, the City will notify the applicant of that
determination in writing and will process the application as a Tier 2 or
Tier 3 WCF Permit application, as applicable.
(ii) To the extent federal law provides a "deemed granted" remedy for Tier 1
WCF Permit applications not timely acted upon by the City, no such
application shall be deemed granted until the Applicant provides notice
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to the City, in writing, that the application has been deemed granted
after the time period provided in Section (e)(2) above has expired.
(iii) Any Tier 1 WCF Permit application that the City grants or that is deemed
granted by operation of federal law shall be subject to all requirements of
Section 18.42.110(i)(3), (5), (6) and (7) and 18.42.110(j)(1), (2), (3), (4), (5)
and (6).
(3) Tier 2 Processing Time. For Tier 2 WCF Permit applications, the City will
act on the application within 90 days, adjusted for any tolling due to
requests for additional information or mutually agreed upon extensions
of time.
(4) Tier 3 Processing Time. For Tier 3 WCF Permit applications, the City will
act on the application within 150 days, adjusted for any tolling due to
requests for additional information or mutually agreed upon extensions
of time.
(5) Denial of Application. If the City denies a WCF application, the City will
notify the applicant of the denial in writing of the reasons for the denial.
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's
decision shall be final and shall not be appealable pursuant to the procedures set forth
in Sections 18.77 or 18.78.
(2) The Director shall grant a Tier 1 WCF Permit provided that the Director
finds that the applicant proposes an Eligible Facilities Request;
(3) The Director shall impose the following conditions on the grant of a Tier 1
WCF Permit:
(i) The proposed Collocation or modification shall not defeat any existing
concealment elements of the Support Structure; and
(ii) The proposed WCF shall comply with the Development Standards in
Section 18.42.110(i)(3), (5), (6) and (7), and the Conditions of Approval in
Section 18.42.110(j).
(g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director. The Director's
decision shall be appealable pursuant to the process for architectural review set forth in
Section 18.77.070.
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(2) The Director, or Council on appeal, shall grant a Tier 2 WCF Permit
provided the proposed WCF complies with the Development Standards in Section
18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all of the
architectural review findings in Section 18.76.020(d) can be made.
(3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the
above findings cannot be made.
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director. The Director's
decision shall be appealable pursuant to the process for architectural review set forth in
Section 18.77.070 and the process for conditional use permits set forth in Section
18.77.060.
(2) The Director or Council on appeal shall grant a Tier 3 WCF Permit
provided the proposed WCF complies with the Development Standards in Section
18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all of the
architectural review findings in Section 18.76.020(d) and the conditional use permit
findings in Section 18.76.010(c) can be made.
(3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the
above findings cannot be made.
(i) Development Standards
Except as otherwise provided in this Section, a proposed WCF Project shall
comply with the following standards:
(1) Shall utilize the smallest footprint possible;
(2) Shall be designed to minimize the overall height, mass, and size of the
cabinet and enclosure structure;
(3) Shall be screened from public view;
(4) Shall be architecturally compatible with the existing site;
(S) Shall be placed at a location that would not require the removal of any
required landscaping or would reduce the quantity of landscaping to a level of
noncompliance with the Zoning Code;
(6) An Antenna, Base Station, or Tower shall be designed to minimize its
visibility from off-site locations and shall be of a "camouflaged" or "stealth" design,
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including concealment, screening, and other techniques to hide or blend the Antenna,
Base Station, or Tower into the surrounding area;
(7) A building-mounted Antenna, Base Station, or Tower shall be
architecturally compatible with the existing building on which .the Antenna, Base
Station, or Tower is attached;
(8) For any Tier 2 or Tier 3 WCF proposed to be attached on an historic
structure/site, as designated by Chapter 16.49, historic review shall also be required;
(9) Except as otherwise permitted by the Spectrum Act, a building-mounted
WCF may extend fifteen (15) feet beyond the permitted height of the building in the
zone district;
(10) Except as otherwise permitted by the Spectrum Act, a tower or other
stand-alone Tier 3 WCF Project shall not exceed sixty-five {65) feet in height; and
(11) A tower or other stand-alone Tier 3 WCF may encroach into the
interior/street side and rear setback.
(j) Conditions of Approval
In addition to any other conditions of approval permitted under federal and
state law and this Code that the Director deems appropriate or required under this
Code, all WCF Projects approved under this Chapter, whether approved by the Director
or deemed granted by operation of law, shall be subject to the following conditions of
approval:
(1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be
subject to the conditions of approval of the underlying permit, except as
may be preempted by the Spectrum Act.
(2) As-built plans. The applicant shall submit to the Director an as-built set
of plans and photographs depicting the entire WCF as modified, including
all Transmission Equipment and all utilities, within ninety (90) days after
the completion of construction.
(3) Applicant shall hire a radio engineer licensed by the State of California to
measure the actual radio frequency emission of the WCF and determine
if it meets FCC's standards. A report, certified by the engineer, of all
calculations, required measurements, and the engineer's findings with
respect to compliance with the FCC's radio frequency emission standards
shall be submitted to the Planning Division within one year of
commencement of operation.
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(4) Indemnification. To the extent permitted by law, the applicant shall
indemnify and hold harmless the City, its City Council, its officers,
employees and agents (the "indemnified parties") from and against any
claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside or void, any
permit or approval authorized hereby for the Project, including (without
limitation) reimbursing the City for its actual attorneys' fees and costs
incurred in defense of the litigation. The City may, in its sole discretion
and at Applicant's expense, elect to defend any such action with
attorneys of its own choice.
(5) Compliance with applicable laws. The applicant shall comply with all
applicable provisions of the Code, any permit issued under this Code, and
all other applicable federal, state and local laws (including without
limitation all building code, electrical code and other public safety
requirements). Any failure by the City to enforce compliance with any
applicable laws shall not relieve any applicant of its obligations under this
code, any permit issued under this code, or all other applicable laws and
regulations.
{6) Compliance with approved plans. The proposed Project shall be built in
compliance with the approved plans on file with the Planning Division.
(k) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in
use for more than ninety (90) days shall be removed by the applicant, Wireless
Communications Service provider, or property owner within ninety (90) days of the
cessation of use of that WCF. A new conditional use permit shall not be issued to an
owner or operator of a WCF or a Wireless Communications Service provider until the
abandoned WCF or its component is removed.
(I) Revocation
The Director may revoke any WCF permit if the permit holder fails to comply
with any condition of the permit. The Director's decision to revoke a permit shall be
appealable pursuant to the process for architectural review set forth in Section
18.77.070 and the process for conditional use permits set forth in Section 18.77.060.
SECTION 2. Any provision of the Palo Alto Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Council finds that the adoption of this ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to CEQA
Guideline sections 15061(b) and 15301, 15302 and 15305 because it simply provides a
comprehensive permitting scheme.
II
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SECTION 5. This ordinance shall be effective on the thirty-first date after the
date of its adoption.
INTRODUCED: June 29, 2015
PASSED: August 24, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST: · ' ~0;-v~
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
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~d.Jvvv--
Mayor
APPROVED:
Director of Planning &
Community Environment
August 6, 2015
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Attachment A: Changes to Ordinance 5340
Ordinance No. 5340
Ordinance of the Council of the City of Palo Alto
Deleting Section 18.42.110 of Chapter 18.42 of Title 18 of the Palo Alto Municipal Code
and Adding a New Section 18.42.110 Pertaining to the Siting and Permitting of Wireless
Communications Facilities
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.42.110 of Chapter 18.42 of Title 18 of the Palo Alto
Municipal Code is hereby deleted and a new Section 18.42.110 added to read, as
follows:
18.42.110 Wireless Communication Facilities
(a) Purpose and Interpretation
The purpose of this section is two-fold: (A) to implement within the jurisdictional
boundaries of the City the applicable zoning, land use and other laws, rules, regulations
and policies and procedures applicable to siting applications filed with the City by
wireless communications facilities infrastructure owners and operators and Wireless
Communications Service providers, which seek to install or attach their facilities at
locations in Palo Alto; and (B) to accommodate new wireless technologies and
continued improvements to existing wireless communications facilities while minimizing
their adverse visual and structural health and safety impacts. Consistent with that
purpose, the provisions of this Section are to be construed in a manner that is consistent
with {1) the interest of consumers in receiving the benefits of the deployment of ultra-
high-speed and -capacity broadband wireless communication facilities technology and
innovations and the delivery of ultra-high-speed and -capacity broadband wireless
communications facilities services, (2) the interest in safeguarding the environment,
preserving historic properties, and addressing aesthetics and other local values, and
(3) the interest in promoting the public health, safety and welfare in Palo Alto.
A Wireless Communications Facility is permitted to be sited in Palo Alto subject
to applicable requirements imposed by this Chapter, which may include an architectural
review process, a conditional use permit application process, or both. These processes
are intended to permit Wireless Communications Facilities that blend with their existing
surroundings and do not negatively impact the environment, historic properties, or
public safety. The procedures prescribed by this Chapter are tailored to the type of
Wireless Communication Facility that is sought. Building-mounted wireless
communications facilities and Collocation of facilities are preferred and encouraged,
subject to all other provisions of this Section.
(b) Definitions
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Attachment A: Changes to Ordinance 5340
The following abbreviations, phrases, terms and words shall have the meanings
assigned in this Section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of
the Palo Alto Municipal Code, as may be amended from time to time, unless the context
indicates otherwise. Words that are not defined in this Section or other Chapters or
Sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter
6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal
Regulations, and, if not defined therein, their common and ordinary meaning.
(1) "Antenna" means a wireless Antenna and its associated equipment. The
term includes a macrocell Antenna and a microcell Antenna.
(2) "Associated equipment" means any and all on-site equipment, including,
without limitation, back-up generators and power supply units, cabinets, coaxial and
fiber optic cables, connections, shelters, radio transceivers, regular power supply units,
and wiring, to which a wireless antenna is attached in order to facilitate mobile
broadband service and personal wireless service delivered on mobile broadband
devices.
(3) "Base Station" means a structure or equipment at a fixed location that
enables FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower as defined
herein or any equipment associated with a tower. Base Station includes, without
limitation:
(i) Equipment associated with wireless communications services such as
private, broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless servi.ces such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
(iii) Any structure other than a tower that, at the time the relevant
application is filed with the City under this section, supports or houses equipment
described in paragraphs (i)-(ii) above and has been previously reviewed and approved by
the City.
(4) "Collocation" means the mounting or installation of Transmission
Equipment on an Eligible Support Structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
(5) "Eligible Facilities Request" means any request for modification of an
existing Tower or Base Station that, within the meaning of the Spectrum Act, does not
substantially change the physical dimensions of that Tower or Base Station, and involves
(a) the Collocation of new Transmission Equipment, (b) the removal of Transmission
Equipment, or (c) the replacement of Transmission Equipment.
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Attachment A: Changes to Ordinance 5340
(6) "Eligible Support Structure" means any existing Tower or Base Station
that exists at the time the application is filed with the City.
(7) "Existing" for a constructed Tower or Base Station1 means that the Tower
or Base Station has been previously reviewed and approved under the applicable City
zoning or siting process, or under another applicable 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.
(8) "FCC" means the Federal Communications Commission or successor
agency.
(9) "Project" means a WCF to be located in Palo Alto for which a permit is
required by the City.
(10) "RF" means radio frequency on the radio spectrum.
(11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, " ... a State or local
government may not deny, and shall approve, any Eligible Facilities Request for a
modification of any existing wireless Tower or Base Station that does not substantially
change the physical dimensions of such Tower or Base Station.").
(12) "Substantially Changes" means, in the context of an Eligible Support
Structure, a modification of an existing Tower or Base Station where any of the
following criteria is met:
(i) For a Tower not located in the public rights-of-way:
(a) The height of the Tower is increased by (I) more than ten (10)
percent, or (II) by the height of one additional Antenna array with
separation from the nearest existing Antenna not to exceed twenty
(20) feet, whichever is greater; or
(b) There is added an appurtenance to the body of the Tower that would
protrude from the edge of the Tower by (I) more than twenty (20)
feet, or (II) more than the width of the Tower at the level of the
appurtenance, whichever is greater.
(ii) For a Tower located in the public rights-of-way and for all Base Stations:
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(a) The height of the Tower or Base Station is increased by more than ten
(10) percent or ten (10) feet, whichever is greater; or
(b) There is added an appurtenance to the body of that structure that
would protrude from the edge of that structure by more than six (6)
feet; or
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Attachment A: Changes to Ordinance 5340
(c) It involves the installation of ground cabinets that are more than ten
(10) percent larger in height or overall volume than any other ground
cabinets associated with the structure; or
(d) It involves the installation of any new equipment cabinets on the
ground if there is no pre-existing ground cabinet associated with that
structure.
(iii) For any Eligible Support Structure:
(a) It involves the installation of more than the standard number of new
equipment cabinets for the technology involved, but not to exceed
four (4) cabinets; or
(b) There is entailed in the proposed modification any excavation or
deployment outside of the current site of the Tower or Base Station;
or
(c) The proposed modification would cause the concealment/camouflage
elements of the Tower or Base Station to be defeated; or
(d) The proposed modification would not comply with the conditions
associated with the prior siting approval of construction or
modification of the Tower or Base Station, unless the non-compliance
is due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding thresholds
in this section.
(iv) To measure changes in height for the purposes of this section, the
baseline is:
(a) For deployments that are or will be separated horizontally, measured
from the original Support Structure; .
(b) For all others, measured from the dimensions of the Tower or Base
Station, inclusive of originally approved appurtenances and any
modifications that were approved by the City prior to February 22,
2012.
(v) To measure changes for the purposes of this section, the baseline is the
dimensions that were approved by the City prior to February 22, 2012.
{13) "Tower" means any structure built for the sole or primary purpose of
supporting any FCC-licensed or -authorized Antenna, including any structure that is
constructed for Wireless Communications Service. This term does not include a Base
Station.
(14) "Transmission Equipment" means equipment that facilitates transmission
of any FCC-licensed or authorized Wireless Communication Service.
(15) "Wireless Communications Facility" or "WCF" means any Antenna,
associated equipment, Base Station, small cell system, Tower, and/or Transmission
Equipment located in Palo Alto.
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Attachment A: Changes to Ordinance 5340
(16) "Wireless Communications Service" means, without limitation, all FCC-
licensed back-haul and other fixed wireless services, broadcast, private, and public
safety communication services, and unlicensed wireless services.
(c) Types of WCF Permits Required
(1) A Tier 1 WCF Permit shall be required for an Eligible Facilities Request, as
defined in this Section.
(2) A Tier 2 WCF Permit shall be required for:
(i) Any modification of an Eligible Support Structure, including the
Collocation of new equipment, that Substantially Changes the physical dimensions of
the Eligible Support Structure on which it is mounted, or
(ii) Any Collocation not eligible for a Tier 1 WCF Permit
(3) A Tier 3 WCF Permit shall be required for the siting of any WCF that is not
a Collocation subject to a Tier 1 or 2 WCF Permit.
(d) WCF Application Requirements
All applications for a WCF Permit shall include the following items:
(1) Any applicant for a WCF Permit shall participate in an intake meeting with
the Planning and Community Environment Department to file an application;
I
(2) The applicant must specify in writing whether the applicant believes the
application is for an Eligible Facilities Request subject to the Spectrum Act, and if so,
provide a detailed written explanation as to why the applicant believes that the
application qualifies as an Eligible Facilities Request;
(3) The applicant shall complete the City's standard application form, as may
be amended from time to time;
(4). The applicant shall include a completed and signed application checklist
available from the City, including all information required by the application checklist;
(5) Payment of the fee prescribed by the Municipal Fee Schedule;
(6) The application must be accompanied by all permit applications with all
required application materials for each separate permit required by the City for the
proposed WCF, including a building permit, an encroachment permit (if applicable) and
an electrical permit (if applicable);
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Attachment A: Changes to Ordinance 5340
(7) For Tier 2 and 3 WCF Permits, the applicant must host a community
meeting at a time and location designed to maximize attendance by persons receiving
notice under this subparagraph to provide outreach to the neighborhood around the
Project site. The applicant shall give notice of the community meeting to all residents
and property owners within 600 feet of the Project site at least 14 days in advance of
the community meeting. The applicant shall provide a proof of notice affidavit to the
City that contains:
(i) Proof that the applicant noticed and hosted the community meeting
before filing the application;
(ii) A summary of comments received at the community meeting and what, if
any, changes were made to the application as a result of the meeting;
(8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the
maximum permitted increase in the physical dimensions of the proposed Project that
would be permitted by the Spectrum Act, using the proposed Project as a baseline; and
(9) Satisfy other such requirements as may be, from time to time, required
by the Planning and Community Environment Department Director ("Director"), as
publically stated in the application checklist.
(e) Permit Review("Shot Clock") Time Periods
(1) City Review of Application Materials. The timeframe for review of an
application shall begin to run when the application is submitted, but shall be tolled if the
City finds the application incomplete and requests provides notice of incompleteness
that delineates the missing information in writingthat the applicant sul3mit additional
information to complete the application. Such requests shall be made within 30 days of
submission of the application. After submission of additional information, the City will
notify the applicant within 10 days of this submission if the additional information failed
to complete the application. If the City makes a determination pursuant to Section
18.42.110(e)(2)(i) that an application submitted as a Tier 1 Eligible Facilities Request should
be processed as a Tier 2 or Tier 3, then the Tier 2 or Tier 3 Processing Time, as applicable,
shall begin to run when the City issues this decision.
(2) Tier 1 Processing Time. For Tier 1 WCF Permit applications, the City will
act on the WCF application, together with any other City permits required for a
proposed WCF modification, within 60 days, adjusted for any tolling due to requests for
additional information or mutually agreed upon extensions oftime.
(i) If the City determines that the application does not qualify as a Tier 1
Eligible Facilities Request, the City will notify the applicant of that
determination in writing and will process the application as a Tier 2 or
Tier 3 WCF Permit application, as applicable.
(ii) To the extent federal law provides a "deemed granted" remedy for Tier 1
WCF Permit applications not timely acted upon by the City, no such
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Attachment A: Changes to Ordinance 5340
application shall be deemed granted until the Applicant provides notice
to the City, in writing, that the application has been deemed granted
after the time period provided in Section (e)(2) above has expired.
(iii) Any Tier 1 WCF Permit application that the City grants or that is deemed
granted by operation of federal law shall be subject to all requirements of
Section 18.42.110(i)(3), (5), (6) and (7) and 18.42.110(j)(1), (2), (3), (4), (5)
and (6).
(3) Tier 2 Processing Time .. For Tier 2 WCF Permit applications, the City will
act on the application within 90 days, adjusted for any tolling due to
requests for additional information or mutually agreed upon extensions
of time.
(4) Tier 3 Processing Time. For Tier 3 WCF Permit applications, the City will
act on the application within 150 days, adjusted for any tolling due to
requests for additional information or mutually agreed upon extensions
of time.
(5) Denial of Application. If the City denies a WCF application, the City will
notify the applicant of the denial in writing of the reasons for the denial.
(f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's
decision shall be final and shall not be appealable pursuant to the procedures set forth
in Sections 18.77 or 18.78.
(2) The Director shall grant a Tier 1 WCF Permit provided that the Director
finds that the applicant proposes an Eligible Facilities Request;
(3) The Director shall impose the following conditions on the grant of a Tier 1
WCF Permit:
(i) The proposed Collocation or modification shall not defeat any existing
concealment elements of the Support Structure; and
(ii) The proposed WCF shall comply with the Development Standards in
Section 18.42.110(i)(3), (5), (6) and (7), and the Conditions of Approval in
Section 18.42.110(j).
(g) Tier 2 WCF Permit Process and Findings
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Attachment A: Changes to Ordinance 5340
(1) A Tier 2 WCF Permit shall be reviewed by the Director. The Director's
decision shall be appealable pursuant to the process for architectural review set forth in
Section 18.77 .070.
(2) The Director, or Council on appeal, shallgrant a Tier 2 WCF Permit
provided the proposed WCF complies with the Development Standards in Section
18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all of the
architectural review findings in Section 18.76.020(d) can be made.
(3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the
above findings cannot be made.
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director. The Director's
decision shall be appealable pursuant to the process for architectural review set forth in
Section 18.77.070 and the process for conditional use permits set forth in Section
18.77.060.
(2) The Director or Council on appeal shall grant a Tier 3 WCF Permit
provided the proposed WCF complies with the Development Standards in Section
18.42.110(i) and the conditions of approval in Section 18.42.110(j), and all of the
architectural review findings in Section 18.76.020(d) and the conditional use permit
findings in Section 18.76.010(c) canbe made.
(3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the
above findings cannot be made.
(i) Development Standards
Except as otherwise provided in this Section, a proposed WCF Project shall
comply with the following standards:
(1) Shall utilize the smallest footprint possible;
(2) Shall be designed to minimize the overall height, mass, and size of the
cabinet and enclosure structure;
(3) Shall be screened from public view;
(4) · Shall be architecturally compatible with the existing site;
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(5) Shall be placed at a location that would not require the removal of any
required landscaping or would reduce the quantity of landscaping to a level of
noncompliance with the Zoning Code;
(6) An Antenna, Base Station, or Tower shall be designed to minimize its
visibility from off-site locations and shall be of a "camouflaged" or "stealth" design,
including concealment, screening, and other techniques to hide or blend the Antenna,
Base Station, or Tower into the surrounding area;
(7) A building-mounted Antenna, Base Station, or Tower shall be
architecturally compatible with the existing. building on which the Antenna, Base
Station, or Tower is attached;
(8) For any Tier 2 or Tier 3 WCF proposed to be attached on an historic
structure/site, as designated by Chapter 16.49, historic review shall also be required;
(9) Except as otherwise permitted by the Spectrum Act, a building-mounted
WCF may exteno fifteen (15) feet beyond the permitted height of the building in the
zone district;
(10) Except as otherwise permitted by the Spectrum Act, a tower or other
stand-alone Tier 3 WCF Project shall not exceed sixty-five (65) feet in height; and
(11) A tower or other stand-alone Tier 3 WCF may encroach into the
interior/street side and rear setback.
(j) Conditions of Approval
In addition to any other conditions of approval permitted under federal and
state law and this Code that the Director deems appropriate or required under this
Code, all WCF Projects approved under this Chapter, whether approved by the Director
or deemed granted by operation of law, shall be subject to the following conditions of
approval:
(1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be
subject to the conditions of approval of the underlying permit, except as
may be preempted by the Spectrum Act.
(2) As-built plans. The applicant shall submit to the Director an as-built set
of plans and photographs depicting the entire WCF as modified, including
all Transmission Equipment and all utilities, within ninety (90) days after
the completion of construction.
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Attachment A: Changes to Ordinance 5340
(3) Applicant shall hire a radio engineer licensed by the State of California to
measure the actual radio frequency emission of the WCF and determine
if it meets FCC's standards. A report, certified by the engineer, of all
calculations, required measurements, and the engineer's findings with
respect to compliance with the FCC's radio frequency emission standards
shall be submitted to the Planning Division within one year of
commencement of operation.
(4) Indemnification. To the extent permitted by law, the applicant shall
indemnify and hold harmless the City, its City Council, its officers,
employees and agents (the "indemnified parties") from and against any
claim, action, or proceeding brought by a third party against the
indemnified parties and the applicant to attack, set aside or void, any
permit or approval authorized hereby for the Project, including (without
limitation) reimbursing the City for its actual attorneys' fees and costs
incurred in defense of the litigation. The City may, in its sole discretion
and at Applicant's expense, elect to defend any such action with
attorneys of its own choice.
(5) Compliance with applicable laws. The applicant shall comply with all
applicable provisions of the Code, any permit issued under this Code, and
all other applicable federal, state and local laws (including without
limitation all building code, electrical code and other public safety
requirements). Any failure by the City to enforce compliance with any
applicable laws shall not relieve any applicant of its obligations under this
code, any permit issued under this code, or all other applicable laws and
regulations.
(6) Compliance with approved plans, The proposed Project shall be built in
compliance with the approved plans on file with the Planning Division.
(k) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in
use for more than ninety (90) days shall be removed by the applicant, Wireless
Communications Service provider, or property owner within ninety (90) days of the
cessation of use of that WCF. A new conditional use permit shall not be issued to an
owner or operator of a WCF or a Wireless Communications Service provider until the
abandoned WCF or its component is removed.
(I) Revocation
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Attachment A: Changes to Ordinance 5340
The Director may revoke any WCF permit if the permit holder fails to comply
with any condition of the permit. The Director's decision to revoke a permit shall be
appealable pursuant to the process for architectural review set forth in Section
18.77.070 and the process for conditional use permits set forth in Section 18.77 .060.
SECTION 2. Any provision of the Palo Alto Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subse,quently declared invalid or unconstitutional.
SECTION 4. The Council finds that the adoption of this ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to CEQA
Guideline sections 15061(b) and 15301, 15302 and 15305 because it simply provides a
comprehensive permitting scheme.
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Attachment A: Changes to Ordinance 5340
SECTION 5. This ordinance shall be effective on the thirty-first date after the
date of its adoption.
INTRODUCED: June 29, 2015
PASSED: August 24, 2015
AVES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
150827 cs 0131334 12
Mayor
APPROVED:
City Manager
Director of Planning &
Community Environment
August 6, 2015
Docu¥.
liiii UCUUII
Certificate Of Completion
Envelope Number: 4AD5FEE45B2E4B14A8A32CD486B1369E Status: Completed
Subject: Please DocuSign these documents: ORO 5340 Wireless Communications Facility August 24 CLEAN Final.. ..
Source Envelope:
Document Pages: 24
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Record Tracking
Status: Original
8/27/2015 4:05:53 PM PT
Signer Events
Cara Silver
cara.silver@cityofpaloalto.org
Senior Assistant City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/15/2015 5:07:16 PM PT
I D: 1191 Oed 1-61 d 1-4ff3-9cf9-f4eb5a0768e2
Hillary Gitelman
Hillary.Gitelman@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Ed Shikada
ed.shikada@cityofpaloalto.org
ACM
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Signatures: 3
Initials: 0
Holder: Kim Lunt
kimberly.lunt@cityofpaloalto.org
Signature
Using IP Address: 73.223.75.155
~ OocuSigned by:
~~F:~~
Using IP Address: 199.33.32.254
Using IP Address: 67.169.110.203
Signed using mobile
Signature
Status
Status
Status
Envelope Originator:
Kim Lunt
250 Hamilton Ave
Palo Alto , CA 94301
kimberly .lunt@cityofpaloalto.org
IP Address: 199.33.32.254
Location: DocuSign
Timestamp
Sent: 8/27/20154:08:56 PM PT
Viewed: 9/3/2015 9:31:46 PM PT
Signed: 9/3/2015 9:32:20 PM PT
Sent: 9/3/2015 9:32:22PM PT
Viewed: 9/4/2015 11:01:59 AM PT
Signed: 9/4/2015 11:02:35 AM PT
Sent: 9/4/201511:02:37 AM PT
Viewed: 9/8/2015 10:07:43 PM PT
Signed: 9/8/2015 10:08:27 PM PT
Timestamp
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