HomeMy Public PortalAbout19-072 - Policy Regulating Small Wireless FacilitiesRESOLUTION NO. 19-072
RESOLUTION OF THE CITY OF CARSON, CALIFORNIA ADOPTING A CITY
COUNCIL POLICY REGULATING SMALL WIRELESS FACILITIES
WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code
section 37100 and other applicable law, the City of Carson City Council may make and enforce
within its limits all local, police, sanitary and other ordinances, resolutions and other regulations
not in conflict with general laws.
WHEREAS, within the last decade, significant changes in federal laws that affect local authority over
personal wireless service facilities and other related infrastructure deployments have occurred,
including, but not limited to, the following:
• On November 18, 2009, the Federal Communications Commission ("FCC") adopted a
Declaratory Ruling on the proceeding titled Petition for Declaratory Ruling to Clarify Provisions
of Section 332(c)(7)(B) to Ensure Timely Siting Review, 24 FCC Rcd. 13994 (rel. Nov. 18, 2009),
which imposed procedural restrictions on state and local permit application reviews such as
presumptively reasonable times for action. After a petition for judicial review, the U.S. Supreme
Court in City of Arlington v. FCC, 569 U.S. 290 (2013), upheld the FCC's authority to issue these
rules;
• On February 22, 2012, Congress adopted the Middle Class Tax Relief and Job Creation Act, which
amended the Communications Act to mandate approval for certain "eligible facilities requests"
to collocate and/or modify existing wireless towers and/or base stations;
• On October 17, 2014, the FCC adopted a Report and Order in the rulemaking proceeding titled
Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, 29 FCC
Rcd. 12865 (rel. Oct. 21, 2014), which implemented regulations for "eligible facilities requests"
and imposed new procedural restrictions on application reviews. The U.S. Court of Appeals for
the Fourth Circuit in Montgomery Cnty. V. FCC, 811 F.3d 121 (4th Cir. 2015), denied petitions for
review;
• On October 9, 2015, Governor Edmund Brown signed Assembly Bill No. 57 (Quirk) into law,
which creates a "deemed -approved" remedy for when a local government fails to act on
applications for certain wireless facilities within the presumptively reasonable times established
in the FCC's 2009 Declaratory Ruling and 2015 Infrastructure Order;
• On August 2, 2018, the Federal Communications Commission ("FCC") adopted a Third Report &
Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and
Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd.
7705 (rel. Aug. 3, 2018) (the "August Order"), that formally prohibited express and de facto
moratoria for all personal wireless services, telecommunications services and their related
facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and
Wireline Competition Bureau to hear and resolve all complaints on an expedited basis; and
RESOLUTION NO. 19-072
Page 1 of 30
(00039734;4}
On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in
the same rulemaking proceeding, --- FCC Rcd. --, FCC 18-133 (rel. Sep. 27, 2018) (the
"September Order"), which, among many other things, creates a new regulatory classification
for small wireless facilities, alters existing "shot clock" regulations to require local public
agencies to do more in less time, establishes a national standard for an effective prohibition that
replaces the existing "significant gap" test adopted by the United States Court of Appeals for the
Ninth Circuit and provides that a failure to act within the applicable timeframe presumptively
constitutes an effective prohibition.
WHEREAS, in addition to the changes described above, local authority may be further impacted by other
pending legislative, judicial and regulatory proceedings, including but not limited to:
The "STREAMLINE Small Cell Deployment Act" (S. 3157) proposed by Senator John Thune that,
among other things, would apply specifically to "small wireless facilities" and require local
governments to review applications based on objective standards, shorten the shot clock
timeframes, require all local undertakings to occur within the shot clock timeframes and provide
a "deemed granted" remedy for failure to act within the applicable shot clock; and
+ Further orders and/or declaratory rulings by the FCC from the same rulemaking proceeding as
the August Order and September Order; and
+ Multiple petitions for reconsideration and judicial review filed by state and local governments
against the August Order and September Order, which could cause the rules in either order to
change or be invalidated.
WHEREAS, given the rapid and substantial changes in applicable law, the active and effective federal
prohibition on reasonable moratorium ordinances to allow local public agencies to study these
changes and develop appropriate responses and the significant adverse consequences for
noncompliance with these changes in applicable law, the City Council finds that aesthetic and
operational regulations adopted through a resolution that supplements the Carson Municipal
Code and that may be quickly amended is a necessary and appropriate means to protect the
public health, safety and welfare from the potential harm caused by unregulated small wireless
facilities and other infrastructure deployments.
WHEREAS, Policy No. 02.13.01, attached hereto as Exhibit "A" and incorporated herein by this
reference, establish reasonable, uniform and comprehensive standards and procedures for
small wireless facilities and other infrastructure deployment, construction, installation,
collocation, modification, operation, relocation and removal within the City of Carson's
territorial boundaries, consistent with and to the extent permitted under federal and California
state law.
WHEREAS, on April 2, 2019, the City Council held a duly noticed public meeting to consider an urgency
ordinance to amend Article VII of the Carson Municipal Code, at which the City Council received,
reviewed and considered the staff report, written and oral testimony from the public and other
information in the record and adopted the urgency ordinance.
RESOLUTION NO. 19-072
Page 2 of 30
{00039734;4}
WHEREAS, on April 2, 2019, the City Council held a duly noticed public meeting to consider this
Resolution and Policy No. 02.13.01, at which the City Council received, reviewed and considered
the staff report, written and oral testimony from the public and other information in the record.
NOW, THEREFORE, THE CITY OF CARSON CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES
AS FOLLOWS:
1. Findings. The City Council finds that: (a) the facts set forth in the recitals in this Resolution are
true and correct and incorporated by reference; (b) 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 this Resolution; (c) the provisions in this Resolution and Policy No. 02.13.01 are
consistent with the General Plan, Carson Municipal Code and applicable federal and state law;
and (d) neither this Resolution nor Policy No. 02.13.01 will be detrimental to the public interest,
health, safety, convenience or welfare.
2. Policy No. 02.13.01. The City Council approves and adopts Policy No. 02.13.01.
3. Environmental Review. Pursuant to California Environmental Quality Act ("CEQA") Guidelines §
15378 and California Public Resources Code § 21065, the City Council finds that this Resolution
is not a "project" because its adoption is not an activity that has the potential for a direct
physical change or reasonably foreseeable indirect physical change in the environment. Even if
this Resolution qualified as a "project" subject to CEQA, the City Council finds that, pursuant to
CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant
impact on the physical environment. The proposed Amendment merely amends the Carson
Municipal Code to authorize the City Council to regulate small wireless facilities and other
infrastructure deployments. This Resolution does not directly or indirectly authorize or approve
any actual changes in the physical environment. Applications for any new small wireless facility
or other infrastructure deployment, or change to an existing small wireless facility or other
infrastructure deployment, would be subject to additional environmental review on a case-by-
case basis. Accordingly, the City Council finds that this Resolution is not subject to CEQA or, in
the alternative, is exempt from CEQA under the general rule.
4. Severability. 1f any section, subsection, paragraph, sentence, clause, phrase or term (each a
"Provision") in this Resolution or Policy No. 02.13.01, or any Provision's application to any
person or circumstance, is held illegal, invalid or unconstitutional by a court of competent
jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision's
application to other persons or circumstances, shall not be affected. The City Council declares
that it would have passed this Resolution and Policy No. 02.13.01, and each Provision therein,
whether any one or more Provisions be declared illegal, invalid or unconstitutional.
5. Effective Date. This Resolution and Policy No. 02.13.01 will become immediately effective upon
adoption by the City Council and will remain effective until amended, superseded or repealed by
a separate resolution adopted by the City Council.
6. Publication. The City Clerk shall cause this Resolution and Policy No. 02.13.01 to be published in
electronic form on the City of Carson's website, in physical form for public inspection at City of
RESOLUTION NO. 19-072
Page 3 of 30
(00039734;4)
Carson City Hall and at least two other public places within the City of Carson and in any other
manner required by law.
PASSED, APPROVED and ADOPTED on this 2"d day of April, 2019.
APPROVED AS TO FORM:
r
Sunny . So ani, Sy Attorney
STATE OF CALIFORNIA j
COUNTY OF LOS ANGELES ss.
CITY OF CARSON j
CITY OF CARSON:
ATTEST:
fUlDonesia Gause-Aldana, MMC, City Clerk
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 19-072, adopted by the City of Carson City Council at its
meeting held on April 2, 2019, by the following vote:
AYES: COUNCIL MEMBERS: Robles, Hicks, Davis -Holmes, Hilton, Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: !None
onesia Gause-Aldana, MMC, Cit le
RESOLUTION NO. 19-072
Page 4 of 30
{00039734;4}
EXHIBIT "A"
POLICY NO. 02.13.01
(appears behind this coversheet)
RESOLUTION NO. 19-072 (Exhibit A)
Page 5 of 30
{00039734;4}
CITY OF CARSON
POLICY NO. 02.13.01
adopted: April 2, 2019
City Council Policy on Small Wireless Facility Deployments in the Public Rights of Way
CONTENTS
SECTION 1,
BACKGROUND AND INTROOUCI'IDN............................................................................7
SECTION 2,
PURPOSE AND INTENT..................................................................................................7
CONDITIONS OF APPROVAL..-..... .... ...... ..............................
SECTION 3.
DEFINITIONS.. .... ........... ................. .. .... ......... ....9
LOCATION STANDARDS. ................. ............................................................................
SECTION 4.
APPLICABILITY.............................................................................................................12
DESIGN STANDARDS....................................................................................................25
SECTION S.
REQUIRED PERMITS AND APPROVALS ........................................................................12
PREAPPPOVED DESIGNS..............................................................................................29
SECTION 6.
APPLICATION AND REVIEW PROCEDURES..................................................................13
SECTION 7.
PUBLICNOTICES ..........................................................................................................16
SECTION 9.DECISIONS
...................................................................................................................1rs
SECTION 9,
CONDITIONS OF APPROVAL..-..... .... ...... ..............................
17
SECTION 10.
LOCATION STANDARDS. ................. ............................................................................
23
SECTION 11,
DESIGN STANDARDS....................................................................................................25
SECTION! 12,
PREAPPPOVED DESIGNS..............................................................................................29
RESOLUTION NO. 19-072 (Exhibit A)
Page 6 of 30
{00039734;4}
SECTION 1. BACKGROUND AND INTRODUCTION
In 1996, Congress adopted the Telecommunications Act to balance the national interest in
advanced communications services and infrastructure with legitimate local government authority to
enforce zoning and other regulations to manage infrastructure deployments on private property and in
the public rights-of-way. Under section 704, which applies to personal wireless service facilities (i.e., cell
sites), local governments retain all their traditional zoning authority subject to specifically enumerated
limitations.' Section 253 preempts local regulations that prohibit or effectively prohibit
telecommunication services (i.e., common carrier services) except competitively neutral and
nondiscriminatory regulations to manage the public rights-of-way and require fair and reasonable
compensation.
Communication technologies have significantly changed since 1996. Whereas cell sites were
traditionally deployed on tall towers and rooftops over low frequency bands that travel long distances,
cell sites are increasingly installed on streetlights and utility infrastructure on new frequency bands that
travel shorter distances. According to the Federal Communications Commission ("FCC') and the wireless
industry, these so-called "small wireless facilities" or "small cells" are essential to the next technological
evolution. The industry currently estimates that each national carrier will need to deploy between 30
and 60 small cells, connected by approximately 8 miles of fiber optic cable, per square mile.
On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC
18-133 (the "Small Cell Order"), in connection with two informal rulemaking proceedings entitled
Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT
Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to
Infrastructure Investment, WC Docket No. 17-84. In general, the Small Cell Order: (1) restricts the fees
and other compensation state and local governments may receive from applicants; (2) requires all
aesthetic regulations to be reasonable, no more burdensome than those applied to other infrastructure
deployments, objective and published in advance; (3) mandates that local officials negotiate access
agreements, review permit applications and conduct any appeals within significantly shorter
timeframes; and (4) creates new evidentiary presumptions that make it more difficult for local
governments to defend themselves if an action or failure to act is challenged in court. The regulations
adopted in the Small Cell Order significantly curtail the local authority over wireless and wireline
communication facilities reserved to State and local governments under sections 253 and 704 in the
Telecommunications Act.
SECTION 2. PURPOSE AND INTENT
(a) The City of Carson ("City") intends this Policy to establish reasonable, uniform and
comprehensive standards and procedures for small wireless facilities deployment, construction,
installation, collocation, modification, operation, relocation and removal within the City's
1 Local zoning regulations cannot prohibit or effectively prohibit personal wireless services, unreasonably
discriminate among functionally equivalent services or regulate based on environmental impacts from
radiofrequency ("RF") emissions. In addition, local decisions must be made within a reasonable time and
any denial requires a written decision based on substantial evidence in the written record.
RESOLUTION NO. 19-072 (Exhibit A)
Page 7 of 30
(00039734;4)
territorial boundaries, consistent with and to the extent permitted under federal and California
state law. The standards and procedures contained in this Policy are intended to, and should be
applied to, protect and promote public health, safety and welfare, and balance the benefits that
flow from robust, advanced wireless services with the City's local values, which include without
limitation the aesthetic character of the City, its neighborhoods and community. This Policy is
also intended to reflect and promote the community interest by (1) ensuring that the balance
between public and private interests is maintained; (2) protecting the City's visual character
from potential adverse impacts and/or visual blight created or exacerbated by small wireless
facilities and related communications infrastructure; (3) protecting and preserving the City's
environmental resources; (4) protecting and preserving the City's public rights-of-way and
municipal infrastructure located within the City's public rights-of-way; and (5) promoting access
to high-quality, advanced wireless services for the City's residents, businesses and visitors.
(b) This Policy is intended to establish clear procedures for application intake and completeness
review. The City of Carson City Council ("City Council") finds that chronically incomplete
applications significantly contribute to unreasonable delay and create barriers to infrastructure
deployment. Chronically incomplete applications unfairly prejudice other applicants who may be
prepared to submit complete applications for infrastructure in the same or substantially the
same location. Chronically incomplete applications also unfairly prejudice the City's ability to act
on such applications within the "presumptively reasonable" timeframes established by the FCC.
The provisions in this Policy afford applicants and City staff opportunities for direct, real-time
communication about completeness issues to mitigate incomplete applications prior to
submittal. The provisions in this Policy also encourage applicants to timely respond to
incomplete notices.
(c) This Policy is intended to establish regulations, standards and guidelines for all infrastructure
deployments unless specifically prohibited by applicable law. The City Council recognizes that
different infrastructure deployments may be managed through other mechanisms, such as
franchise or license agreements. Although such deployments may be exempt from the "ROW
use permit" established in this Policy, the City Council intends that the City official or
department that administers such deployment shall apply the same regulations, standards and
guidelines to the permit or other approval issued in connection with a request for authorization
under such franchise, license or other agreement. The City Council also recognizes that different
infrastructure deployments may have different impacts on the public rights-of-way that require
different regulations, standards or guidelines to protect public health, safety and welfare.
However, to the extent that different regulations, standards or guidelines are applied to small
wireless facilities or other infrastructure deployments, the City Council intends that one set be
no more burdensome that the other when viewed under the totality of the circumstances.
(d) 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 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 personal wireless 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
RESOLUTION NO. 19-072 (Exhibit A)
Page 8 of 30
(00039734;4)
the City may not deny under federal or California state law; (6) impose any 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 3. DEFINITIONS
The definitions in this Section 3 be applicable to the terms, phrases and words in this Policy. Undefined
terms, phrases or words will have the meanings assigned to them in 47 U.S.C. § 153 or, if not defined
therein, will have the meaning assigned to them in Carson Municipal Code or, if not defined in either
therein, will have their ordinary meanings. If any definition assigned to any term, phrase or word in this
Section 3 conflicts with any federal or state -mandated definition, the federal or state -mandated
definition will control.
"accessory equipment" means equipment other than antennas used in connection with a small wireless
facility or other infrastructure deployment. The term includes "transmission equipment" as defined by
the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended or superseded.
"antenna" means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or
superseded.
"batched application" means more than one application submitted at the same time.
"collector street" means a street designed to serve as an intermediate route to handle traffic between
local streets and arterials. Collector streets provide access to abutting property and are anticipated to
carry traffic volumes between 2,000 to 5,000 vehicles per day, but some carry as many as 10,000
vehicles per day. The term "collector road" as used in this Policy is defined in the Carson General Plan,
Transportation and Infrastructure Element.
"collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or
superseded.
"CPUC" means the California Public Utilities Commission established in the California Constitution,
Article XII, § 5, or its duly appointed successor agency.
"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.
"Director" means the Public Works Director or the Director's designee.
"FCC" means the Federal Communications Commission or its duly appointed successor agency.
"FCC Shot Clock" means the presumptively reasonable time frame, accounting for any tolling or
extension, within which the City generally must act on a request for authorization in connection with a
personal wireless service facility, as such time frame is defined by the FCC and as may be amended or
superseded.
RESOLUTION NO. 19-072 (Exhibit A)
Page 9 of 30
{00039734;4)
"local street" means a street designed to provide vehicular, pedestrian, and bicycle access to property
abutting the pubic right-of-way. Local streets have a common right-of-way width from 48 feet to 60 feet
and can be expected to carry less than 1,500 vehicles per day. The term "local street" as used in this
Policy is defined in the Carson General Plan, Transportation and Infrastructure Element.
"major highway" means a highway designed to connect traffic from collectors to the major freeway
systems and provide access to adjacent land uses. Major highways move large volumes of automobiles,
trucks and buses, link principal elements within the City to other adjacent regions and typically handle
inter -city vehicular trips in the magnitude of 25,000 or more vehicles per day. The term "major highway"
as used in this Policy is defined in the Carson General Plan, Transportation and Infrastructure Element.
"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, any building permit, construction permit, electrical permit, encroachment
permit, excavation permit, traffic control permit and/or any similar over-the-counter approval issued by
the City's departments.
"OTARD" means an "over -the -air reception device" and includes all antennas and antenna supports
covered by 47 C.F.R. § 1.4000(a)(1), as may be amended or superseded.
"personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(1), as may be
amended or superseded.
"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.
"persons entitled to notice" means the record owners and legal occupants of all properties within 300
feet from the proposed project site. Notice to the legal occupants shall be deemed given when sent to
the property's physical address.
"public right-of-way" or "public rights-of-way" means land or an interest in land which by deed,
conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to
or open to the use by the general public for road or highway purposes. The term does not include
private or public utility easements unless such easement is reserved for or dedicated to or open to the
use by the general public for road or highway purposes.
"RF" means radio frequency or electromagnetic waves.
"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 may be amended or superseded.
"shot clock days" means calendar days counted toward the presumptively reasonable time under the
applicable FCC Shot Clock. The term "shot clock days" does not include any calendar days on which the
FCC Shot Clock is tolled (i.e., "paused"). As an illustration and not a limitation, if an applicant applies on
April 1, receives a valid incomplete notice on April 5 and then resubmits on April 20, only four "shot
clock days" have elapsed because the time between the incomplete notice and resubmittal are not
counted.
RESOLUTION NO. 19-072 (Exhibit A)
Page 10 of 30
{00039734;4}
"secondary highway" means a highway designed to connect traffic from collectors to the major freeway
system. A secondary highway moves large volumes of automobiles, trucks and buses, link principal
elements within the City to other adjacent regions and carry approximately 10,000 to 25,000 vehicles
per day. The term "secondary highway" as used in this Policy is defined in the Carson General Plan,
Transportation and Infrastructure Element.
"small wireless facility" means the same as defined by the FCC in 47 C.F.R. § 1.6002(!), as may be
amended or superseded, which states that small wireless facilities, consistent with 47 C.F.R. §
1.1312(e)(2), are facilities that meet each of the following conditions:
(1) The facilities
(i) Are mounted on structures 50 feet or less in height including their antennas as
defined in 47 C.F.R. § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent
structures; or
(iii) Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of "antenna" in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet
in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no
more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under applicable FCC or FAA
regulations;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR § 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in 47 C.F.R. § 1.1307(b).
"support structure" means a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be
amended or superseded.
"technically infeasible" means a circumstance in which compliance with a specific requirement within
this Policy is physically impossible and not merely more difficult or expensive than a noncompliant
alternative.
"underground district" means any area in the City within which overhead wires, cables, cabinets and
associated overhead equipment, appurtenances and other improvements are either (1) prohibited by
ordinance, resolution or other applicable law; (2) scheduled to be relocated underground within 18
RESOLUTION NO. 19-072 (Exhibit A)
Page 11 of 30
(00039734;4)
months from the time an application is submitted; or (3) primarily located underground at the time an
application is submitted.
SECTION 4. APPLICABILITY
(a) Small Wireless Facilities. Except as expressly provided otherwise, the provisions in this Policy
shall be applicable to all existing small wireless facilities and all applications and requests for
authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate,
remove or otherwise deploy small wireless facilities within the public rights-of-way within the
City's jurisdictional and territorial boundaries.
(b) Other Infrastructure Deployments. To the extent that other infrastructure deployments,
including without limitation any deployments that require approval pursuant to Carson
Municipal Code section 7100 et seq., as may be amended or superseded, involve the same or
substantially similar structures, apparatus, antennas, equipment, fixtures, cabinets, cables or
improvements, the Director of Public Works or other official responsible to review and approve
or deny requests for authorization in connection with such other infrastructure deployment
shall apply the provisions in this Policy unless specifically prohibited by applicable law.
SECTION S. REQUIRED PERMITS AND APPROVALS
(a) ROW use permit. A "ROW use permit", subject to the Director's review and approval in
accordance with this Policy, shall be required for all small wireless facilities and other
infrastructure deployments located in whole or in part within the public rights-of-way.
(b) Exemptions. Notwithstanding anything in this Policy to the contrary, a ROW use permit shall not
be required for:
(1) wireless facilities or other infrastructure deployments owned and operated by the City for
its use;
(2) OTARD facilities;
(3) requests for approval to collocate, replace or remove transmission equipment at an existing
wireless tower or base station submitted pursuant to Section 6409; or
(4) wireless facilities or other infrastructure deployments covered by a valid franchise, pole
license or other encroachment agreement between the applicant and the City.
(c) Other Permits and Approvals. In addition to a ROW use permit, the applicant must obtain all
other permits and regulatory approvals as may be required by any other federal, state or local
government agencies, which includes without limitation any ministerial permits and/or other
approvals issued by other City departments or divisions. All applications for ministerial permits
submitted in connection with a proposed small wireless facility or other infrastructure
deployment must contain a valid ROW use permit issued by the City for the proposed facility.
Any application for any ministerial permit(s) submitted without such ROW use permit may be
denied without prejudice. Any ROW use permit granted under this Policy shall remain subject to
all lawful conditions and/or legal requirements associated with such other permits or approvals.
RESOLUTION NO. 19-072 (Exhibit A)
Page 12 of 30
(00039734;4)
Furthermore, and to avoid potential confusion, an exemption from the ROW use permit
requirement under Section S(b) does not exempt the same wireless facilities or other
infrastructure deployments from any other permits or approvals, which includes without
limitation any ministerial permits from the City.
SECTION 6. APPLICATION AND REVIEW PROCEDURES
(a) Application Requirements for Small Wireless Facilities. In addition to any other publicly -stated
requirements, all ROW use permit applications for small wireless facilities must include the
following information and materials:
(1) Application Form. The applicant shall submit a complete, duly executed ROW use permit
application on the then -current form prepared by the City.
(2) Application Fee. The applicant shall submit the applicable small cell permit application fee
established by City Council resolution. Batched applications must include the applicable
small cell permit application fee for each small wireless facility in the batch. If no small cell
permit application fee has been established, then the applicant must submit a signed
written statement that acknowledges that the applicant will be required to reimburse the
City for its reasonable costs incurred in connection with the application within 10 days after
the City issues a written demand for reimbursement.
(3) Construction Drawings. The applicant shall submit true and correct construction drawings,
prepared, signed and stamped by a 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 potential support structures within 350 feet from the proposed project site and
call out such structures' overall height above ground level; (iii) depict the applicant's
preliminary plan for electric and data backhaul utilities, which shall include the anticipated
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 small wireless facility, the applicant shall submit a survey prepared,
signed and stamped by a licensed or registered engineer. The survey must identify and
depict all existing boundaries, encroachments and other structures within 75 feet from the
proposed project site and any new improvements, 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
signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches,
RESOLUTION NO. 19-072 (Exhibit A)
Page 13 of 30
(00039734;4)
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 small wireless facility 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. At least one simulation must depict the small wireless facility from a vantage point
approximately 50 feet from the proposed support structure or location. The photo
simulations and vicinity map shall be incorporated into the construction plans submitted
with the application.
(6) Project Narrative and Justification. The applicant shall submit a written statement that
explains in plain factual detail whether and why the proposed facility qualifies as a "small
wireless facility" 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 ROW use permit as provided in Section 8(b).
(7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that
certifies that the proposed small wireless facility, both individually and cumulatively with all
other emitters that contribute more than 5% to the cumulative emissions in the vicinity (if
any), 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 Director. The RF
report must include the actual frequency and power levels (in watts effective radiated
power) 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. If the applicant submits a
batched application, a separate RF report shall be prepared for each facility associated with
the batch.
(8) Public Notices. The applicant shall include with the application a list that identifies all
persons entitled to notice (as defined in this Policy) together with three preaddressed
envelopes with correct postage for each person entitled to 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 small
wireless facility proposed in the application.
(10) Pole License Agreement. For any small wireless facility proposed to be installed on any
structure owned or controlled by the City and located within the public rights-of-way, the
applicant shall submit an executed Pole License Agreement on a form prepared by the City
RESOLUTION NO. 19-072 (Exhibit A)
Page 14 of 30
100039734;4?
that states the terms and conditions for such non-exclusive use by the applicant. No changes
shall be permitted to the City's Pole License Agreement except as may be indicated on the
form itself. Any unpermitted changes to the City's Pole License Agreement shall be deemed
a basis to deem the application incomplete. Refusal to accept the terms and conditions in
the City's Pole License Agreement shall be an independently sufficient basis to deny the
application without prejudice.
(11) Title Report and Property Owner's Authorization. For any small wireless facility proposed
to be installed on any private property not owned or controlled by the City, whether in
whole or in part, the applicant must submit: (i) a title report issued within 30 days from the
date the applicant filed the application; and (ii) if the applicant is not the property owner, a
written authorization signed by the property owner identified in the title report that
authorizes the applicant to submit and accept a small cell permit in connection with the
subject property. For any small wireless facility proposed to be installed on a support
structure in the public right-of-way, the applicant must submit a written authorization from
the support structure owner(s).
(12) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by
a licensed engineer for the proposed small wireless facility and all associated equipment
including all environmental control units, sump pumps, temporary backup power generators
and permanent backup power generators demonstrating compliance with the City's noise
regulations. The acoustic analysis must also include an analysis of the manufacturers'
specifications for all noise -emitting equipment and a depiction of the proposed equipment
relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may
submit evidence from the equipment manufacturer(s) that the ambient noise emitted from
all the proposed equipment will not, both individually and cumulatively, exceed the
applicable noise limits.
(b) Voluntary Presubmittal Conference. The City strongly encourages, but does not require,
applicants to schedule and attend a presubmittal conference with the Director and other City
staff. This voluntary, presubmittal conference does not cause the FCC Shot Clock to begin and is
intended to streamline the review process through collaborative, informal discussion that
includes, without limitation, the appropriate project classification and review process; any latent
issues in connection with the proposed project and/or project site, including compliance with
generally applicable rules for public health and safety; potential concealment issues or concerns
(if applicable); coordination with other City departments implicated by the proposed project;
and application completeness issues. Presubmittal conferences are especially encouraged when
an applicant seeks to submit one or more batched applications so that the Director may advise
the applicant about any staffing or scheduling issues that may hinder the City's ability to meet
the presumptively reasonable timeframes under the FCC Shot Clock. To mitigate unnecessary
delays due to application incompleteness, applicants are encouraged (but not required) to bring
any draft applications, plans, maps 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 in their then -current form. The Director will use reasonable efforts to provide
the applicant with an appointment within approximately 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 staff time and services rendered in the presubmittal conference.
RESOLUTION NO. 19-072 (Exhibit A)
Page 15 of 30
(00039734;4)
(c) Submittal Appointments. All applications must be submitted in person to the City at a pre -
scheduled appointment with the Director. Prospective applicants may generally submit one
application per appointment, or up to five individual applications per appointment as a batch.
Potential applicants may schedule successive appointments for multiple applications whenever
feasible and not prejudicial to other applicants for any other development project as
determined by the Director. The Director shall use reasonable efforts to offer an appointment
within five working days after the Director receives a written request from a potential applicant.
Any purported application received without an appointment, whether delivered in-person, by
mail or through any other means, will not be considered duly filed, whether the City retains,
returns or destroys the materials received.
(d) Incomplete Applications Deemed Withdrawn. Any application governed under this Policy shall
be automatically deemed withdrawn by the applicant when the applicant fails to submit a
substantive response to the Director within 60 calendar days after the Director deems the
application incomplete by written notice. As used in this subsection (d), a "substantive
response" must include, at a minimum, the complete materials identified as incomplete in the
written incomplete notice.
(e) Additional Administrative Requirements and Regulations. The City Council authorizes the
Director 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 Director finds necessary, appropriate or useful for processing any application governed
under this Policy. The Director further authorizes the Director to establish other reasonable
rules and regulations for duly filed applications, which may include without limitation regular
hours for appointments and/or submittals without appointments, as the Director deems
necessary or appropriate to organize, document and manage the application intake process. All
such requirements, materials, rules and regulations must be in written form and publicly stated
to provide all interested parties with prior notice.
SECTION 7. PUBLIC NOTICES
(a) Application Submittal Notice. Within approximately 10 calendar days after an application is
received and prior to any approval, conditional approval or denial, the City shall mail public
notice to all persons entitled to notice. The notice must contain: (1) a general project
description; (2) the applicant's identification and contact information as provided on the
application submitted to the City; (3) contact information for the Director for interested parties
to submit comments; (4) a statement that the Director will act on the application without a
public hearing; and (5) if the application is for a small wireless facility, a general statement that
the FCC requires the City to take final action on such applications within 60 days for collocations
and 90 days for facilities on new support structures.
(b) Application Decision Notice. Within five calendar days after the Director acts on a ROW use
permit application, the Director shall provide written notice to the applicant and all persons
entitled to notice. If the Director denies an application (with or without prejudice) for a small
wireless facility, the written notice must also contain the reasons for the denial.
SECTION S. DECISIONS
RESOLUTION NO. 19-072 (Exhibit A)
Page 16 of 30
{00039734;4}
(a) Initial Administrative Decision. Not less than 10 calendar days after the public notice required
in Section 7(a) is sent, and not more than 29 shot clock days after the application has been
deemed complete, the Director shall approve, conditionally approve or deny a complete and
duly filed ROW use permit application without a public hearing.
(b) Required Findings for Approval. The Director may approve or conditionally approve a complete
and duly filed application for a ROW use permit when the Director finds:
(1) the proposed project complies with all applicable design standards in this Policy;
(2) the proposed project would be in the most preferred location within 350 feet from the
proposed site in any direction or the applicant has demonstrated with clear and convincing
evidence in the written record that any more -preferred location(s) within 350 feet would be
technically infeasible;
(3) the proposed project would not be located on a prohibited support structure identified in
this Policy;
(4) the proposed project would be on the most preferred support structure within 350 feet
from the 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)
within 350 feet would be technically infeasible;
(5) if the proposed project involves a wireless facility, the proposed project fits within the
definition for a "small wireless facility" as defined by the FCC;
(6) if the proposed project involves a wireless facility, the applicant has demonstrated that the
proposed project will be in planned compliance with all applicable FCC regulations and
guidelines for human exposure to RF emissions; and
(7) all public notices required for the application have been given.
(c) Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or
California laws, nothing in this Policy is intended to limit the Director's ability to conditionally
approve or deny without prejudice any ROW use permit application as may be necessary or
appropriate to ensure compliance with this Policy.
(d) Appeals. Any decision by the Director shall be final and not subject to any administrative
appeals.
SECTION 9. CONDITIONS OF APPROVAL
(a) Standard Conditions. Except as may be authorized in subsection (b), all ROW use permits issued
under this Policy shall be automatically subject to the conditions in this subsection (a).
(1) Permit Term. This permit will automatically expire 10 years and one day from its issuance
unless California Government Code § 65964(b) authorizes the City to establish a shorter
term for public safety reasons. Any other permits or approvals issued in connection with any
RESOLUTION NO. 19-072 (Exhibit A)
Page 17 of 30
(00039734;4)
collocation, modification or other change to this wireless facility, which includes without
limitation any permits or other approvals deemed -granted or deemed -approved under
federal or state law, will not extend this term limit unless expressly provided otherwise in
such permit or approval or required under federal or state law.
(2) Permit Renewal. Not more than one year before this ROW use permit expires, the
permittee may apply for permit renewal. The permittee must demonstrate that the subject
small wireless facility or other infrastructure deployment complies with all the conditions of
approval associated with this ROW use permit and all applicable provisions in the Carson
Municipal Code and this Policy that exist at the time the decision to renew or not renew is
rendered. The Director may modify or amend the conditions on a case-by-case basis as may
be necessary or appropriate to ensure compliance with the Carson Municipal Code, this
Policy or other applicable law. Upon renewal, this ROW use permit will automatically expire
10 years and one day from its issuance.
(3) Post -Installation Certification. Within 60 calendar days after the permittee commences full,
unattended operations of a small wireless facility or other infrastructure deployment
approved or deemed -approved, the permittee shall provide the Director with
documentation reasonably acceptable to the Director that the small wireless facility or other
infrastructure deployment 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.
(4) Build -Out Period. This ROW use permit will automatically expire 12 months from the
approval date (the "build -out period") unless the permittee obtains all other permits and
approvals required to install, construct and/or operate the approved small wireless facility
or other infrastructure deployment, which includes without limitation any permits or
approvals required by the any federal, state or local public agencies with jurisdiction over
the subject property, support structure or the small wireless facility or other infrastructure
deployment and its use. The permittee may request in writing, and the City may grant in
writing, one six-month extension if the permittee submits substantial and reliable written
evidence demonstrating justifiable cause for a six-month extension. If the build -out period
and any extension finally expires, the permit shall be automatically void but the permittee
may resubmit a complete application, including all application fees, for the same or
substantially similar project.
(5) Site Maintenance. The permittee shall keep the site, which includes without limitation any
and all improvements, equipment, structures, access routes, fences and landscape features,
in a neat, clean and safe condition in accordance with the approved construction drawings
and all conditions in this ROW use permit. The permittee shall keep the site area free from
all litter and debris at all times. The permittee, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the permittee
receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
(6) Compliance with laws. The permittee shall maintain compliance at all times with all federal,
state and local statutes, regulations, orders or other rules that carry the force of law ("laws")
applicable to the permittee, the subject property, the small wireless facility or other
infrastructure deployment or any use or activities in connection with the use authorized in
RESOLUTION NO. 19-072 (Exhibit A)
Page 18 of 30
(00039734;4)
this ROW use permit, which includes without limitation any laws applicable to human
exposure to RF emissions. The permittee expressly acknowledges and agrees that this
obligation is intended to be broadly construed and that no other specific requirements in
these conditions are intended to reduce, relieve or otherwise lessen the permittee's
obligations to maintain compliance with all laws. No failure or omission by the City to timely
notice, prompt or enforce compliance with any applicable provision in the Carson Municipal
Code, this Policy any permit, any permit condition or any applicable law or regulation, shall
be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects
with all applicable provisions in the Carson Municipal Code, this Policy, any permit, any
permit condition or any applicable law or regulation.
(7) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to
avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby
properties that may arise from the permittee's or its authorized personnel's construction,
installation, operation, modification, maintenance, repair, removal and/or other activities
on or about the site. The permittee shall not perform or cause others to perform any
construction, installation, operation, modification, maintenance, repair, removal or other
work that involves heavy equipment or machines except during normal construction work
hours authorized by the Carson 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 an emergency within the City. The
Director may issue a stop work order for any activities that violates this condition in whole
or in part.
(8) 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.
(9) Permittee's Contact Information. Within 10 days from the final approval, the permittee
shall furnish the City with accurate and up-to-date contact information for a person
responsible for the small wireless facility or other infrastructure deployment, which includes
without limitation such person's full name, title, direct telephone number, facsimile
number, mailing address and email address. The permittee shall keep such contact
information up-to-date at all times and promptly provide the City with updated contact
information if either the responsible person or such person's contact information changes.
(10) Indemnification. The permittee and, if applicable, the property owner upon which the small
wireless facility or other infrastructure deployment is installed shall defend, indemnify and
hold harmless the City, City Council and the City's boards, commissions, agents, officers,
officials, employees and volunteers (collectively, the "indemnitees") from any and all (1)
damages, liabilities, injuries, losses, costs and expenses and from any and all claims,
RESOLUTION NO. 19-072 (Exhibit A)
Page 19 of 30
(00039734;4)
demands, law suits, writs and other actions or proceedings ("claims") brought against the
indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval
of this ROW use permit, and (ii) other claims of any kind or form, whether for personal
injury, death or property damage, that arise from or in connection with the permittee's or
its agents', directors', officers', employees', contractors', subcontractors', licensees' or
customers' acts or omissions in connection with this ROW use permit or the small wireless
facility or other infrastructure deployment. In the event the City becomes aware of any
claims, the City will use best efforts to promptly notify the permittee and the private
property owner (if applicable) and shall reasonably cooperate in the defense. The permittee
expressly acknowledges and agrees that the City shall have the right to approve, which
approval shall not be unreasonably withheld, the legal counsel providing the City's defense,
and the property owner and/or permittee (as applicable) shall promptly reimburse the City
for any costs and expenses directly and necessarily incurred by the City in the course of the
defense. The permittee expressly acknowledges and agrees that the permittee's
indemnification obligations under this condition are a material consideration that motivates
the City to approve this ROW use permit, and that such indemnification obligations will
survive the expiration, revocation or other termination of this ROW use permit.
(11) Performance Bond. Before the City issues any permits required to commence construction
in connection with this permit, the permittee shall post a performance bond from a surety
and in a form acceptable to the Director in an amount reasonably necessary to cover the
cost to remove the improvements and restore all affected areas based on a written estimate
from a qualified contractor with experience in wireless facilities or other infrastructure
removal. The written estimate must include the cost to remove all equipment and other
improvements, which includes without limitation all antennas, radios, batteries, generators,
utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters,
towers, poles, footings and foundations, whether above ground or below ground,
constructed or installed in connection with the wireless facility, plus the cost to completely
restore any areas affected by the removal work to a standard compliant with applicable
laws. In establishing or adjusting the bond amount required under this condition, the
Director shall take into consideration any information provided by the permittee regarding
the cost to remove the small wireless facility or other infrastructure deployment to a
standard compliant with applicable laws. The performance bond shall expressly survive the
duration of the permit term to the extent required to effectuate a complete removal of the
subject wireless facility or other infrastructure deployment in accordance with this
condition.
(12) Permit Revocation. Any permit granted under this Policy may be revoked in accordance
with the provisions and procedures in this condition. The Director may initiate revocation
proceedings when the Director has information that the facility may not be in compliance
with all applicable laws, which includes without limitation, any permit in connection with
the facility and any associated conditions with such permit(s). Before any public hearing to
revoke a permit granted under this Policy, the Director must issue a written notice to the
permittee that specifies (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe
in which the permittee must correct such violation(s); and (iv) that, in addition to all other
rights and remedies the City may pursue, the City may initiate revocation proceedings for
failure to correct such violation(s). A permit granted under this Policy may be revoked only
by the City Council after a duly notice public hearing. The City Council may revoke a permit
RESOLUTION NO. 19-072 (Exhibit A)
Page 20 of 30
(00039734;4)
when it finds substantial evidence in the written record to show that the facility is not in
compliance with any applicable laws, which includes without limitation, any permit in
connection with the facility and any associated conditions with such permit(s). Any decision
by the City Council to revoke or not revoke a permit shall be final and not subject to any
further appeals. Within five business days after the City Council adopts a resolution to
revoke a permit, the Director shall provide the permittee with a written notice that specifies
the revocation and the reasons for such revocation.
(13) Record Retention. Throughout the permit term, the permittee must maintain a complete
and accurate copy of the written administrative record, which includes without limitation
the ROW use permit application, ROW use permit, the approved plans and photo
simulations incorporated into this approval, all conditions associated with this approval, any
ministerial permits or approvals issued in connection with this approval and any records,
memoranda, documents, papers and other correspondence entered into the public record
in connection with the ROW use permit (collectively, "records"). If the permittee does not
maintain such records as required in this condition, any ambiguities or uncertainties that
would be resolved by inspecting the missing records will be construed against the
permittee. The permittee shall protect all records from damage from fires, floods and other
hazards that may cause deterioration. The permittee may keep records in an electronic
format; provided, however, that hard copies or electronic records kept in the City's regular
files will control over any conflicts between such City -controlled copies or records and the
permittee's electronic copies, and complete originals will control over all other copies in any
form. The requirements in this condition shall not be construed to create any obligation to
create or prepare any records not otherwise required to be created or prepared by other
applicable laws. Compliance with the requirements in this condition shall not excuse the
permittee from any other similar record -retention obligations under applicable law.
(14) Abandoned Facilities. The small wireless facility or other infrastructure deployment
authorized under this ROW use permit shall be deemed abandoned if not operated for any
continuous six-month period. Within 90 days after a small wireless facility or other
infrastructure deployment is abandoned or deemed abandoned, the permittee and/or
property owner shall completely remove the small wireless facility or other infrastructure
deployment and all related improvements and shall restore all affected areas to a condition
compliant with all applicable laws, which includes without limitation the Carson Municipal
Code. In the event that neither the permittee nor the property owner complies with the
removal and restoration obligations under this condition within said 90 -day period, the City
shall have the right (but not the obligation) to perform such removal and restoration with or
without notice, and the permittee and property owner shall be jointly and severally liable
for all costs and expenses incurred by the City in connection with such removal and/or
restoration activities.
(15) Landscaping. The permittee shall replace any landscape features damaged or displaced by
the construction, installation, operation, maintenance or other work performed by the
permittee or at the permittee's direction on or about the site. 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
RESOLUTION NO. 19-072 (Exhibit A)
Page 21 of 30
(00039734;4)
substantially the same size as the damaged tree or as otherwise approved by the City. The
permittee shall, at all times, be responsible to maintain any replacement landscape features.
(16) Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee's
request for authorization to construct, install and/or operate the wireless facility will cause
the City to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the
City for all costs incurred in connection with the permit, which includes without limitation
costs related to application review, permit issuance, site inspection and any other costs
reasonably related to or caused by the request for authorization to construct, install and/or
operate the wireless facility or other infrastructure deployment; (iii) any application fees
required for the application may not cover all such reimbursable costs and that the
permittee shall have the obligation to reimburse the City for all such costs 10 days after a
written demand for reimbursement and reasonable documentation to support such costs;
and (iv) the City shall have the right to withhold any permits or other approvals in
connection with the wireless facility until and unless any outstanding costs have been
reimbursed to the City by the permittee.
(17) Future Undergrounding Programs. Notwithstanding any term remaining on any ROW use
permit, if other utilities or communications providers in the public rights-of-way
underground their facilities in the segment of the public rights-of-way where the
permittee's small wireless facility or other infrastructure deployment is located, the
permittee must also underground its equipment, except the antennas and any approved
electric meter, at approximately the same time. Accessory equipment such as radios and
computers that require an environmentally controlled underground vault to function shall
not be exempt from this condition. Small wireless facilities and other infrastructure
deployments 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.
(18) 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.
(19) Rearrangement and Relocation. The permittee acknowledges that the City, in its sole
discretion and at any time, may: (A) change any street grade, width or location; (B) 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 limitation any sewers, storm
drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water,
electric or telecommunications; and/or (C) 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 this ROW use permit. If the Director determines
RESOLUTION NO. 19-072 (Exhibit A)
Page 22 of 30
{00039734;4}
that any City work will require the permittee's small wireless facility located in the public
rights-of-way 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 small wireless facility or other infrastructure
deployment within a reasonable time after the Director'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 small wireless facility or other infrastructure deployment without prior notice to
permittee when the Director determines that 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.
(20) Truthful and Accurate Statements. The permittee acknowledges that the City's approval
relies on the written and/or oral statements by permittee and/or persons authorized to act
on permittee's behalf. In any matter before the City in connection with the ROW use permit
or the small wireless facility or other infrastructure approved under the ROW use permit,
neither the permittee nor any person authorized to act on permittee's behalf shall, in any
written or oral statement, intentionally provide material factual information that is incorrect
or misleading or intentionally omit any material information necessary to prevent any
material factual statement from being incorrect or misleading.
(b) Modified Conditions. The City Council authorizes the Director to modify, add or remove
conditions to any ROW use permit as the Director deems necessary or appropriate to: (1)
protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions
in subsection (a) to the particular facts and circumstances associated with the deployment;
and/or (3) memorialize any changes to the proposed deployment need for compliance with the
Carson Municipal Code, this policy, generally applicable health and safety requirements and/or
any other applicable laws. To the extent required by applicable FCC regulations, the Director
shall take care to ensure that any different conditions applied to small wireless facilities are no
more burdensome than those applied to other infrastructure deployments.
SECTION 10. LOCATION STANDARDS
(a) Location Preferences. To better assist applicants and decision makers understand and respond
to the community's aesthetic preferences and values, this subsection sets out listed preferences
for locations to be used in connection with small wireless facilities in an ordered hierarchy.
Applications that involve lesser -preferred locations may be approved so long as the applicant
demonstrates by clear and convincing evidence in the written record that either (1) no more
preferred locations or structures exist within 350 feet from the proposed site; or (2) any more
preferred locations or structurers within 350 feet from the proposed site would be technically
infeasible as supported. The City prefers small cells in the public rights-of-way to be installed in
locations, ordered from most preferred to least preferred, as follows:
(1) locations within industrial districts on or along major highways;
(2) locations within industrial districts on or along secondary highways;
RESOLUTION NO. 19-072 (Exhibit A)
Page 23 of 30
(00039734;4)
(3) locations within industrial districts on or along collector streets;
(4) locations within industrial districts on or along local streets;
(5) locations within commercial districts on or along major highways;
(6) locations within commercial districts on or along secondary highways;
(7) locations within commercial districts on or along collector streets;
(8) locations within commercial districts on or along local streets;
(9) locations within residential districts on or along major highways;
(10) locations within residential districts on or along secondary highways;
(11) locations within residential districts on or along collector streets;
(12) locations within residential districts on or along local streets;
(13) any location within 350 feet from an existing small cell;
(14) any location within 350 feet from any structure approved for a residential use.
(b) Prohibited Support Structures. Except when authorized as a pre -approved design pursuant to
this Policy, small cells shall not be permitted on the following support structures:
(1) decorative poles;
(2) traffic signal poles, cabinets or related structures;
(3) new, nonreplacement wood poles;
(4) any utility pole scheduled for removal or relocation within 18 months from the time the
Director acts on the small cell application;
(c) Encroachments Over Private Property. No small cell antennas, accessory equipment or other
improvements may encroach onto or over any private or other property outside the public
rights-of-way without the property owner's express written consent.
(d) No Interference with Other Uses. Small cells and any associated antennas, accessory equipment
or improvements shall not be located in any place or manner that would physically interfere
with or impede access to any: (1) 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; (2) access to any public transportation vehicles, shelters, street
furniture or other improvements at any public transportation stop; (3) worker access to above -
RESOLUTION NO. 19-072 (Exhibit A)
Page 24 of 30
(00039734;4)
ground or underground infrastructure owned or operated by any public or private utility agency;
(4) fire hydrant or water valve; (5) access to any doors, gates, sidewalk doors, passage doors,
stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (6)
access to any fire escape.
(e) Replacement Pole Location. All replacement poles must: (1) be located as close to the removed
pole as possible; (2) be aligned with the other existing poles along the public rights-of-way; and
(3) be compliant with all applicable standards and specifications by the City Engineer or his or
her designee.
(f) Additional Placement Requirements. In addition to all other requirements in this Policy, small
wireless facilities, other infrastructure deployments and all related equipment and
improvements shall:
(1) be placed as close as possible to the property line between two parcels that abut the public
rights-of-way;
(2) not be placed directly in front of any door or window;
(3) not be placed within any sight distance triangles at any intersections;
(4) be placed at least five feet away from any driveway or established pedestrian pathway
between a residential structure and the public rights-of-way;
(5) be placed at least 50 feet away from any driveways for police stations, fire stations or other
emergency responder facilities.
SECTION 11. DESIGN STANDARDS
(a) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat, nonreflective
hues that match the underlying support structure or blend with the surrounding environment.
All surfaces shall be treated with graffiti -resistant sealant. All finishes shall be subject to the
Director's prior approval.
(b) Noise. Small cells and all associated antennas, accessory equipment and other improvements
must comply with all applicable noise control standards and regulations in the Carson Municipal
Code sections 5500 to 5503, and shall not exceed, either on an individual or cumulative basis,
the noise limit in the applicable district.
(c) Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects
are directed downwards and confined within the public rights-of-way in a manner consistent
with any other standards and specifications by the City Engineer or his or her designee. All
antennas, accessory equipment and other improvements with indicator or status lights must be
installed in locations and within enclosures that mitigate illumination impacts visible from
publicly accessible areas.
(d) Trees and Landscaping. Small wireless facilities and other infrastructure deployments shall not
be installed (in whole or in part) within any tree drip line. Small wireless facilities and other
RESOLUTION NO. 19-072 (Exhibit A)
Page 25 of 30
(00039734;4)
infrastructure deployments may not displace any existing tree or landscape features unless: (A)
such displaced tree or landscaping is replaced with native and/or drought -resistant trees, plants
or other landscape features approved by the Director and (B) the applicant submits and adheres
to a landscape maintenance plan. Only International Society of Arboriculture certified workers
under a licensed arborist's supervision shall be used to install the replacement tree(s). Any
replacement tree must be substantially the same size as the damaged tree unless approved by
the Director. The permittee shall, at all times, be responsible to maintain any replacement
landscape features.
(e) Signs and Advertisements. All small wireless facilities and other infrastructure deployments that
involve RF transmitters must include signage that accurately identifies the site owner/operator,
the owner/operator's site name or identification number and a toll-free number to the
owner/operator's network operations center. Small wireless facilities and other infrastructure
deployments may not bear any other signage or advertisements unless expressly approved by
the City, required by law or recommended under FCC or other United States governmental
agencies for compliance with RF emissions regulations.
(f) Site Security Measures. Small wireless facilities and other infrastructure deployments may
incorporate reasonable and appropriate site security measures, such as locks and anti -climbing
devices, to prevent unauthorized access, theft or vandalism. The Director shall not approve any
barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All
exterior surfaces on small wireless facilities shall be constructed from or coated with graffiti -
resistant materials.
(g) Compliance with Health and Safety Regulations. All small wireless facilities and other
infrastructure deployments 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 and compliance with
the federal Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(h) Antennas. The provisions in this subsection (h) are generally applicable to all antennas.
(1) Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and
other connectors and hardware must be installed within a single shroud or radome. For
pole -top antennas, the shroud shall not exceed one and half-times the median pole
diameter and must taper down to pole. For side-arm antennas, the shroud must cover the
cross arm and any cables, jumpers, wires or other connectors between the vertical riser and
the antenna.
(2) Antenna Volume. Each individual antenna associated with a single small cell shall not
exceed three cubic feet_ The cumulative volume for all antennas on a single small cell shall
not exceed: (A) three cubic feet in residential areas; or (B) six cubic feet in nonresidential
areas.
(3) Overall Height. No antenna may extend more than five feet above the support structure,
plus any minimum separation between the antenna and other pole attachments required by
applicable health and safety regulations.
RESOLUTION NO. 19-072 (Exhibit A)
Page 26 of 30
(00039734;4)
(4) Horizontal Projection. Side -mounted antennas, where permitted, shall not project: (A) more
than 18 inches from the support structure; (B) over any roadway for vehicular travel; or (C)
over any abutting private property. If applicable laws require a side -mounted antenna to
project more than 18 inches from the support structure, the projection shall be no greater
than required for compliance with such laws.
{i) Accessory Equipment Volume. The cumulative volume for all accessory equipment for a single
small wireless facility or other infrastructure deployment shall not exceed: (A) nine cubic feet in
residential areas or (B)17 cubic feet in nonresidential areas. The volume limits in this subsection
do not apply to any undergrounded accessory equipment.
(j) Undergrounded Accessory Equipment.
(1) Where Required. Accessory equipment (other than any electric meter (where permitted)
emergency disconnect switch) shall be placed underground when proposed in any (A)
underground district or (B) any location where the Director finds substantial evidence that
the additional above -ground accessory equipment would incommode the public's uses in
the public rights-of-way. Notwithstanding the preceding sentence, the Director may grant
an exception when the applicant demonstrates by clear and convincing evidence that
compliance with this section would be technically infeasible.
(2) Vaults. 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.
(k) Pole -Mounted Accessory Equipment. The provisions in this subsection (k) are applicable to all
pole -mounted accessory equipment in connection with small wireless facilities and other
infrastructure deployments.
(1) Preferred Concealment Techniques. Applicants should propose to place any pole -mounted
accessory equipment in the least conspicuous position under the circumstances presented
by the proposed pole and location. Pole -mounted accessory equipment may be installed
behind street, traffic or other signs to the extent that the installation complies with
applicable public health and safety regulations.
(2) Minimum Vertical Clearance. The lowest point on any pole -mounted accessory equipment
shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require
any pole -mounted accessory equipment component to be placed less than 10 feet above
ground level, the clearance from ground level shall be no less than required for compliance
r
with such laws.
(3) Horizontal Projection. Pole -mounted accessory equipment shall not project: (i) more than
18 inches from the pole surface; (ii) over any roadway for vehicular travel; or (iii) over any
abutting private property. All pole -mounted accessory equipment shall be mounted flush to
the pole surface. If applicable laws preclude flush -mounted equipment, the separation gap
between the pole and the accessory equipment shall be no greater than required for
RESOLUTION NO. 19-072 (Exhibit A)
Page 27 of 30
{00039734;4)
compliance with such laws and concealed by opaque material (such as cabinet "flaps" or
"wings").
(4) Orientation. Unless placed behind a street sign or some other concealment that dictates the
equipment orientation on the pole, all pole -mounted accessory equipment should be
oriented away from prominent views. In general, the proper orientation will likely be toward
the street to reduce the overall profile when viewed from the nearest abutting properties. If
orientation toward the street is not feasible, then the proper orientation will most likely be
away from oncoming traffic. If more than one orientation would be technically feasible, the
Director may select the most appropriate orientation.
(1) Ground -Mounted or Base -Mounted Accessory Equipment. The provisions in this subsection (1)
are applicable to all ground -mounted and base -mounted accessory equipment in connection
with small wireless facilities and other infrastructure deployments.
(1) Ground -Mounted Concealment. On collector roads and local roads, the City prefers
ground -mounted accessory equipment to be concealed as follows: (A) within a landscaped
parkway, median or similar location, behind or among new/existing landscape features and
painted or wrapped in flat natural colors to blend with the landscape features; and (B) if
landscaping concealment is not technically feasible, disguised as other street furniture
adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and
information kiosks. On arterial roads outside underground districts, proposed ground -
mounted accessory equipment should be completely shrouded or placed in a cabinet
substantially similar in appearance to existing ground -mounted accessory equipment
cabinets.
(2) Public Safety Visibility. To promote and protect public health and safety and prevent
potential hazards hidden behind large equipment cabinets, no individual ground -mounted
accessory equipment cabinet may exceed four in height or four in width. Ground -mounted
and base -mounted equipment cabinets shall not have any horizontal fiat surfaces greater
than 1.5 square inches to prevent litter or other objects left on such surfaces.
(m) Utilities. The provisions in this subsection (m) are applicable to all utilities and other related
improvements that serve small wireless facilities and other infrastructure deployments.
(1) Overhead Lines. The Director shall not approve any new overhead utility lines in
underground districts. In areas with existing overhead lines, new communication lines shall
be "overlashed" with existing communication lines. No new overhead utility lines shall be
permitted to traverse any roadway used for vehicular transit.
(2) Vertical Cable Risers. All cables, wires and other connectors must be routed through
conduits within the pole or other support structure, and all conduit attachments, cables,
wires and other connectors must be concealed from public view. To the extent that cables,
wires and other connectors cannot be routed through the pole, such as with wood utility
poles, applicants shall route them through a single external conduit or shroud that has been
finished to match the underlying pole.
RESOLUTION NO. 19-072 (Exhibit A)
Page 28 of 30
(00039734;4)
(3) 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.
(4) Electric Meters. Small cells and other infrastructure deployments shall use flat -rate electric
service or other method that obviates the need for a separate above -grade electric meter. If
flat -rate service is not available, applicants may install a shrouded smart meter. If the
proposed project involves a ground -mounted equipment cabinet, an electric meter may be
integrated with and recessed into the cabinet, but the Director shall not approve a separate
ground -mounted electric meter pedestal.
(5) Existing Conduit or Circuits. To reduce unnecessary wear and tear on the public rights-of-
way, applicants are encouraged to use existing conduits and/or electric circuits whenever
available and technically feasible. Access to any conduit and/or circuits owned by the City
shall be subject to the Director's prior written approval, which the Director may withhold or
condition as the Director deems necessary or appropriate to protect the City's
infrastructure, prevent interference with the City's municipal functions and public health
and safety.
SECTION 12. PREAPPROVED DESIGNS
(a) Purpose. To expedite the review process and encourage collaborative designs among applicants
and the City, the City Council authorizes the Director to designate one or more preapproved
designs for small wireless facilities and other infrastructure deployments. This Section 12 sets
out the process to establish or repeal a preapproved design and the expedited review
procedures and findings applicable to these applications.
(b) Adoption. The Director may, in the Director's discretion, establish a preapproved design when
the Director finds that a proposed preapproved design exceeds the design standards in this
Policy. The Director shall post a public notice posted at Carson City Hall, with the City Clerk and
in a newspaper of general circulation within the City. The notice must generally describe the
preapproved design, include a photograph or photo simulation and specify whether the
preapproved design would be limited or restricted in any districts. Unless appealed pursuant to
the Carson Municipal Code, the preapproved design shall become effective 15 days from the
notice required in this subsection. The Director shall make such effective preapproved designs
publicly available as addendums or exhibits to this Policy. A decision by the Director not to adopt
a proposed preapproved design or the Director's failure to act on a request for a proposed
preapproved design is not appealable.
(c) Repeal. The Director may repeal any preapproved design by written notice posted at Carson City
1� Hall. The repeal shall be immediately effective. The Director's repeal, refusal to repeal or failure
to act on a request to repeal a preapproved design is not appealable.
(d) Modified Review Process. In nonresidential districts, applications for a preapproved design shall
not be subject to the notice requirements in Section 7(a). In residential districts, applications for
a preapproved design shall remain subject to the notice requirements in Section 7.
RESOLUTION NO. 19-072 (Exhibit A)
Page 29 of 30
(00039734;4)
W:
(e) Modified Findings. When an applicant submits a complete application for a preapproved design,
the Director shall presume that the findings for approval in Sections 8(b)(1) and 8(b)(5) are
satisfied and shall evaluate the application for compliance with the findings for approval in
Sections 8(b)(2), 8(b)(3), 8(b)(4), 8(b)(5) and 8(b)(7).
(f) Nondiscrimination. Any applicant may propose to use any preapproved design whether the
applicant initially requested that the Director adopt such preapproved design or not. The
Director's decision to adopt a preapproved design expresses no preference or requirement that
V applicants use the specific vendor or manufacturer that fabricated the design depicted in the
preapproved plans. Any other vendor or manufacturer that fabricates a facility to the standards
and specifications in the preapproved design with like materials, finishes and overall quality shall
be acceptable as a preapproved design.
RESOLUTION NO. 19-072 (Exhibit A)
Page 30 of 30
{00039734;4}