HomeMy Public PortalAbout11) 8C Adoption of Urgency and Regular Ord Wireless Communication Facilities and Telecommunication FacilitiesCity Council
January 5, 2016
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2. In 1996 and subsequent years, many cities across the country enacted local
ordinances to regulate the development, siting, installation, and operation of wireless
facilities consistent with the Telecommunications Act of 1996. Temple City has never
enacted an ordinance to address wireless facilities located in the public right-of-way
or on public or private property. The City has been requiring a Conditional Use
Permit for wireless facilities under a Zoning Code provision that requires Conditional
Use Permits for "radio or television towers and transmitters."
3. Throughout the 2000s and 2010s, state and federal law addressing the scope and
manner of local regulation of wireless facilities has continued to develop and evolve
as a result of various court cases and Federal Communications Commission rules.
Local ordinances have similarly evolved over time in response to regulatory changes
at the state and federal level. Because Temple City has never enacted a wireless
facilities ordinance, the Zoning Code has not been updated to reflect these changes.
4. On January 20, 2015, the City Council adopted Urgency Ordinance No. 15-
998Uwhich enacted a 45-day moratorium on wireless telecommunications facilities.
5. On February 17, 2015, the City Council adopted Urgency Ordinance No. 15-1000U
which extended the moratorium on wireless telecommunications facilities for 10
months and 15 days.
6. On November 17, 2015, the City posted a Notice of Intent to Adopt a Negative
Declaration and Initial Environmental Study for the proposed Municipal Code
Amendment. The Initial Environmental Study found that the proposed project could
not have a significant effect on the environment.
7. On December 8, 2015, the Planning Commission held a noticed, public hearing on
the draft Ordinance. At the meeting, all interested parties were afforded the
opportunity to be heard. The Commission voted to approve Resolution 15-2458
recommending that the City Council adopt a Negative Declaration of Environmental
Impact and adopt the Ordinance without any changes.
8. On December 23, 2015, a notice of the public hearing was published with the Temple
City Tribune.
ANALYSIS:
The proposed ordinance is divided into two main pieces: telecommunications facilities
(including wireless communication facilities) in the public right of way and wireless
communication facilities not in the public right of way.
City Council
January 5, 2016
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Wireless Communication Facilities Not in the Public Right of Way:
The regulations for wireless communication facilities not in the public right of way can be
found on page 14, section 4 of Urgency Ordinance No. 16-1011 U or page 11, section 3
of Ordinance No. 16-1012. The first sections of the ordinance provide a series of
definitions pertaining to wireless communication facilities. Those definitions include a
description of the various types of antennas and towers most prevalent in wireless
communication applications.
Location and Tvoes of Facilities: A matrix and subsequent discussion is included
identifying the specific types of antennas permitted within each of the City's zoning
districts, and the approval process required prior to installation (see page 17 of Urgency
Ordinance No. 16-1011U or page 14 of Ordinance No. 16-1012). The Ordinance
incentivizes use of building fac;;ade mounted, slim-line monopoles, and stealth installations
by allowing them to use the site plan review process and not conditional use permits.
Flag poles and the various types of monotrees require a CUP in districts in which they
are allowed. Wireless facilities are not allowed on residentially zoned properties, unless
the property has a General Plan designation of Institutional. Facilities on institutional
properties must be either building fac;;ade mounted, light standard mounted, monotrees,
or stealth installations.
Standards for Facilities: The bulk of the draft ordinance contains a discussion of the
different antenna types and sets design standards for each. Standards for location and
screening of related mechanical equipment and cabling are also included. The remaining
sections of the ordinance address the issues of enforcement, radio frequency emissions
compliance, and antenna collocation objectives. The section entitled City Use of
Consultants, provides that the City may retain the services of a qualified, independent
consultant to evaluate any technical aspect of a proposed antenna installation, including
issues involving radio frequency emissions, alternative antenna designs, and alternative
sites. All costs incurred by the City are to be fully reimbursed by the project applicant.
Telecommunication Facilities in the Public Right of Way:
While the Zoning Code provides for regulations for wireless communication facilities not
in the public right of way, staff is proposing rules for regulating all telecommunication
facilities, including wireless communication facilities, in the public right of way. The
California Public Utilities Code (Code) includes regulations governing the relationship
between jurisdictions and utility companies. The Code states that "telephone
corporations may construct. .. telephone lines along and upon any public road or
highway, ... and may erect poles, posts, piers or abutments for supporting insulators,
wires, and other necessary fixtures of their lines, in such manner and at such points as
not to incommode the public use of the road or highway ... " This includes wireless service
providers. Jurisdictions can regulate the time, place, and manner in which roads are
accessed. In general, State law states that a utility cannot unreasonably interfere with
the public's use of the right of way and that a jurisdiction can require a discretionary
permit, insurance, bonds, indemnity, compliance with the building code and aesthetic
objectives be met.
City Council
January 5, 2016
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Telecommunications Permit: The proposed ordinance precludes installations that could
cause a danger or act as an obstruction to the public. Further, it requires a utility seeking
to install a facility in the public right of way to submit for a Telecommunications Permit
(see page 6 of Urgency Ordinance No. 16-1011 U or page 3 of Ordinance No. 16-1 012).
The permits are reviewed and approved by the Community Development Director, or his
designee. The ordinance includes findings for approval on all Telecommunications
facilities; additional findings for Wireless Communication facilities include demonstration
of a significant gap in service, security posted for cost of removal, and the ability to require
the applicant to pay for a consultant to demonstrate that the facility meets FCC frequency
emission standards.
Process: Property owners within 300 feet of a proposed facility must receive notice;
facilities in commercial areas must give notice to owners within 100 feet. Property owners
are given a specific time in which to submit their comments, after which the Director may
approve the installation. At least 48 hours before installing the facility the property owners
who previously received notice must receive a notice of installation. Appeals can be filed
with the City Clerk's office.
Installation Standards: New facilities are typically attached to existing poles or a new pole
is installed. The proposed Code prohibits an antenna or radome from being more than
seven feet above the top of the pole. Antennae should be located on existing poles; if
infeasible, a new pole can be installed. New poles must match or be an enhancement
over the existing pole. The associated equipment must be placed below ground.
CITY STRATEGIC GOALS:
The proposed Ordinances furthers the City's Strategic Goals of Good Governance by
updating the Municipal Code to reflect current legislation and case law, best practices,
and the community's values.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year 2015-2016 City Budget. Applicants
are required to pay fees to cover City costs for reviewing applications and preparing
reports. Costs associated with the hiring of consultants to demonstrate compliance with
Federal regulations will be passed along to applicants.
ATTACHMENTS:
A. Urgency0rdinanceNo.16-1011U
B. Ordinance No. 16-1012
C. Negative Declaration and Initial Study
URGENCY ORDINANCE NO. 16-1011U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TEMPLE
CITY ADOPTING SECTION 6-4A AND 9-1-T-8 AND AMENDING
SECTION 9-1F-10 OF THE TEMPLE CITY MUNICIPAL CODE
RELATIVE TO WIRELESS COMMUNICATION FACILITIES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Findings.
A. Under Public Utilities Code Section 7901.1, the City is authorized to adopt
reasonable time, place, and manner regulations with respect to the manner
in which public rights-of-way may be accessed by telephone companies,
including wireless communication companies that have been granted state
authorization permitting the construction of facilities in public rights-of-way.
B. In addition, under Section 332 ofTitle 47 of the United States Code, the City
may regulate the placement, construction, and modification of wireless
communication facilities, subject to specified limitations.
C. The Temple City Municipal Code ("TCMC") is silent with respect to the
development, siting, installation, and operation of telecommunications
facilities in City rights-of-way as well as wireless communication facilities on
other public or private property. The City has been requiring these facilities
to apply for and receive a Conditional Use Permit, even though these
facilities are not expressly listed in the TCMC as requiring a Conditional Use
Permit.
D. State and federal law addressing the scope and manner of local regulation
of wireless facilities continues to develop and evolve as evidenced by the
following cases and rule changes:
1. In Sprint Telephone PCS, L.P. v. County of San Diego (2008) 543
F.3d 571 ("Sprint Telephone"), the Ninth Circuit Court of Appeals
overruled seven years of Ninth Circuit jurisprudence relating to 47
U.S.C. § 253, a provision of Federal Telecommunications Act that,
until this case was decided, had been interpreted to severely limit
local authority to regulate Wireless Facilities.
2. In Sprint PCS Assets, LLC v. City of Palos Verdes Estates (2009)
583 F.3d 716 ("Sprint PCS"), the Ninth Circuit Court of Appeals set
out significant new standards establishing how local governments
may consider and decide applications for wireless facilities to be
located within the public right-of-way.
Ordinance No. 16-1011U
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3. On February 22, 2012, Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act of 2012 ("Act") was enacted and
changed how co-located Wireless Facilities must be evaluated, and
in some cases must be approved , changing sixteen years of national
jurisprudence relating to 47 U.S.C. § 332 that, until the passage of
the Act allowed local governments wide latitude and discretion in
considering co-location of wireless facilities in the public right-of-way,
and on public and private property.
4. In September 2013, the Federal Communications Commission
("FCC") issued a Notice of Proposed Rulernaking relating to the
wireless communication facilities, including clarification as to the
interpretation and implementation of Section 6409(a) of the Act.
5. On October 17, 2014, the FCC issued a Report and Order updating
its rules and procedures governing new and modified wireless
facilities, which includes clarifications on local zoning powers with
respect to wireless facilities and the procedures for the review of
siting applications.
E. In response to these various changes in the legal landscape regarding
wireless communication facilities, the City Council on January 20, 2015
adopted Urgency Ordinance 15-998 and on February 17, 2015 adopted
Ordinance 15-1000 establishing a moratorium on the issuance of permits
for new or modified wireless communication facilities, while the City studied
and developed update regulations for such facilities.
F. On December 8, 2015 the Planning Commission held a noticed, public
hearing on a draft ordinance addressing the above issues and other issues
related to the siting of wireless facilities in the City (the "Ordinance"). At the
meeting, all interested parties were afforded the opportunity to be heard.
The Commission voted to approve Resolution 15-2458 recommending that
the City Council adopt a Negative Declaration of Environmental Impact and
adopt the Ordinance without any changes.
G. The City has recently received and anticipates receiving additional requests
by telecommunications providers to establish new or expanded facilities
within the City prior to the City Council's ability to act on the Ordinance.
However, as noted above, the existing provisions of the TCMC are
inadequate. The City has taken time to review, study, and revise the TCMC
to fully take into account the impacts related to the timing, location, and
manner of construction of these facilities by multiple telecommunication
providers within the public rights-of-way as well as other public and private
property, including the public health, safety, and welfare concerns of
pedestrian and vehicular traffic.
Ordinance No. 16-1011U
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H. The TCMC is in need of updating to protect the public against the potential
health, safety, and welfare dangers caused by multiple telecommunication
providers constructing wireless facilities throughout the City without the
comprehensive regulation provided by the proposed Ordinance. The
immediate adoption of this urgency ordinance is necessary to protect the
public against these potential dangers.
I. Without the enactment of this urgency ordinance, multiple
telecommunication providers could quickly submit and potentially receive
permits to install facilities that pose a threat to the public health, safety, and
welfare. For example, without this ordinance, wireless facilities could:
1. Create land use conflicts and incompatibilities including excessive
height of poles and towers;
2. Create visual and aesthetics blights and potential safety concerns
arising from excessive size, heights, noise, or lack of camouflaging
of Wireless Facilities including the associated pedestals, meters,
equipment boxes, and power generators;
3. Create unnecessary visual and aesthetic blight by failing to utilize
alternative technologies or capitalize on co-location opportunities;
4. Cause substantial disturbances to rights-of-way through the
installation and maintenance of Wireless Facilities;
5. Create traffic and pedestrian safety hazards due to the unsafe
location of Wireless Facilities; and
6. Negatively irnpact the predominantly residential quality and
character of the City.
J. The City Council further finds that this moratorium is a matter of local and
City-wide importance and is not directed towards any particular
telecommunication provider that currently seeks to establish such a facility.
K. Government Code sections 36937 and 65858 authorize the adoption of an
urgency ordinance to protect the public health, safety and welfare, and to
prohibit certain land uses that may conflict with land use regulations that the
City's legislative bodies are considering or intend to study within a
reasonable time.
L. The City Council finds that there is a current and immediate threat to the
public health, safety, and welfare based on the above findings, and upon
that basis has determined that an urgency ordinance to immediately adopt
Ordinance No. 16-1011U
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new regulations that will protect the public's health, safety, and welfare from
threats in public rights-of-way or other public or private property within the
City is warranted.
SECTION 2. Section 6-4A of the Temple City Municipal Code is hereby amended
to add the following.
CHAPTER 4-TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF
WAY
ARTICLE A-GENERAL
6-4A-O: SHORT TITLE:
This chapter shall be known as "The Telecommunications Facility Ordinance" and
serves as the city's regulation over such facilities in the public right-of-way.
6-4A-1: DEFINITIONS:
For the purpose of this chapter, certain words and phrases are defined in this
section, unless it is apparent from the context that a different meaning is intended:
ANTENNA ARRAY: One or more rods, panels, discs, or similar devices used for
the transmission or reception of radio frequency signals, which may include omni-
directional antennas (whip), directional antennas (panel), and parabolic antennas
(dish), but excluding any support structure.
CO-LOCATE: A site or facility where a wireless provider shares a
telecommunications facility with an existing structure, such as an existing street
light or utility pole.
CORNER LOT: A lot bounded by 2 or more intersecting streets that has an angle
of intersection of not more than 135 degrees. The intersecting streets shall not be
the same street. In determining the angle of intersection for a rounded corner,
straight lines shall be drawn as extensions of both street lines. The calculation of
the angle of intersections shall be made from the side facing toward the lot at the
point where these 2 extensions meet.
DIRECTOR: The director of the department of community development or his/her
written designee. The director is hereby designated as the administrative
enforcement official for this chapter and may issue an administrative citation
pursuant to Chapter 2 of this Code, and a violator shall be subject to the
procedures, costs and civil penalties set forth therein.
PARKWAY: That area between the sidewalk and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property
Ordinance No. 16-1011U
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line adjacent thereto. Parkway shall also include any area within a roadway, which
is not open to vehicular travel.
PERMIT: A permit issued pursuant to this chapter allowing the placement of a
telecommunications facility within a specifically designated portion of the public
right-of-way. This separate from the encroachment permit.
PERSON: Any individual, firm, company, corporation or other organization.
PRIMARY USE: The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority of the hours which
activities occur, including, but not limited to, a street light or power pole.
PUBLIC SIDEWALK: Any surface dedicated to the use of pedestrians by license,
easement, operation of law or by grant to the city.
PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: Any public street, public way,
public place or rights-of-way, now laid out or dedicated, and the space on, above
or below it, and all extensions thereof, and additions thereto, under the jurisdiction
of the city.
PUBLIC STREET: All of that area dedicated to public use for public street and
sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys
and sidewalks.
STREET SEGMENT: The length of a street between two cross streets and
includes both sides of such street. For streets that turn at an angle of 90 degrees
or more, the portion before and after the right angle shall each be considered a
street segment.
ROADWAY: That portion of a public street improved, designed or ordinarily used
for vehicular travel.
SUPPORT STRUCTURE: A freestanding structure designed and constructed to
solely support an antenna array and that may consist of a monopole, a self-
supporting lattice tower, a guy-wire support tower, or other similar structure.
TELECOMMUNICATIONS FACILITY: Any wire or line, antenna, pipeline, pipe,
duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain,
manhole, splice box, surface location marker, pole, structure, utility, or other
appurtenance, structure, property, or tangible thing used to provide
telecommunications and/or video service to the public.
WIRELESS COMMUNICATION FACILITY (WCF): For purposes of this ordinance,
a wireless communications facility is any unstaffed facility for the transmission
and/or reception of wireless telecommunication services, usually consisting of an
antenna array, connection cables, an equipment enclosure or facility, and a tower
structure or other building or structure used to achieve the necessary elevation.
Ordinance No. 16-1011 U
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6-4A-2: PROHIBITED ON ROADWAY OF PUBLIC STREET:
No person shall install, use or maintain any telecommunications facility which
projects onto, in or over any part of the roadway of any public street or which rests,
wholly or in part, upon, along or over any portion of the roadway of any public
street.
6-4A-3: DANGEROUS CONDITION OR OBSTRUCTION:
A. No person shall install, use or maintain any telecommunications facility which in
whole or in part rests upon, in or over any public sidewalk or parkway,
1. When such installation, use or maintenance endangers or is reasonably likely
to endanger the safety of persons or property, or
2. When such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or
3. When such telecommunications facility unreasonably interferes with or
impedes the flow of
a. Pedestrian or vehicular traffic including any legally parked or stopped
vehicle,
b. The ingress into or egress from any residence or place of business,
c. The use of poles, posts, traffic signs or signals, hydrants, mailboxes,
permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
6-4A-4: PERMIT REQUIRED:
A. No person shall install or maintain any telecommunications facility which in whole
or in part rests upon, in or over the public right-of-way without
1. First obtaining a Telecommunications Permit or "permit" from the director under
this chapter and
2. Demonstrating that the operator is regulated by the Public Utilities Commission
or has a certificate of public convenience and necessity.
B. Applications for permits shall be made to the director and shall contain the
following:
1. The name, address and telephone number of the owner of the
telecommunications facility;
2. The name, address and telephone number of the responsible person whom the
city may notify or contact at any time concerning the telecommunications
facility;
3. A site plan containing the exact proposed location of the facility (including the
longitude and latitude for purposes of noting the location in the city's geographic
Ordinance No. 16-1011 U
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information system), and detailed plans created by a qualified licensed
engineer and in accordance with requirements set by the director;
4. A photograph and/or model number of the type of telecommunications facility
being used;
5. A hold harmless agreement pursuant to Section 6-4A-13;
6. A certificate of insurance pursuant to Section 6-4A-14;
7. Agreement to conform to the requirements of this chapter;
8. An application and processing fee, as established by resolution of the city
council; and
9. Any additional data sufficient to show the correctness of the application and/or
plans required by the Director.
C. Applications will not be accepted for geographic locations which are then
unavailable due to current or proposed public improvements as specified in the
current Capital Improvement Program.
D. This section does not apply to the terms and conditions of any agreement or permit
(or extension thereof) pertaining to telecommunications facilities (issued by the city
or of which the city is a party) that is already in existence at the effective date of
this ordinance, provided that the agreement or permit (or extension thereof) does
not result in a material change (including, but not limited to, changes in size, shape,
color, or exterior material) of the telecommunications facilities covered by such
existing agreement.
E. The Director may impose impact minimizing conditions on a permit to mitigate
potential noise or aesthetic impacts.
F. Permits: The Director shall have the right to review the permit every 1 0 years to
determine whether the equipment is no longer needed and or useful, or whether
new means exist to further reduce noise and or aesthetic impacts that are
materially greater than those that would have existed when the WCF was installed
as originally permitted.
G. The Director may require facility upgrades and/or additional mitigations to reduce
impacts of such facilities unless the applicant demonstrates that the mitigations
are not feasible.
H. Eligible Facilities Requests: Eligible Facilities Requests (as defined in the Middle
Class Tax Relief and Job Creation Act of 2012, § 6409 and any subsequent
modifications) that do not require a Substantial Change in Physical Dimensions
shall be processed in accordance with 47 U.S.C. § 1455, and any duly authorized
implementing orders and regulations of the Federal Communications Commission.
In reviewing permits for qualifying Eligible Facilities Requests, the Director shall
approve applications, but shall retain discretion to enforce and condition approval
on compliance with generally applicable building, structural, electrical, and safety
codes and with other laws (including, without limitation, this Article) codifying
objective standards reasonably related to health and safety.
Ordinance No. 16-1011U
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6-4A-5: FINDINGS REQUIRED FOR ALL TELECOMMUNICATIONS
FACILITIES:
No permit shall be granted unless the following findings can be made by the
director:
A. The proposed use is allowed in the public right-of-way and complies with all
applicable provisions of this chapter.
B. Prior to the installation of any telecommunications facility, the applicant has
demonstrated that the installation will not interfere with the use of the public right-
of-way and existing subterranean infrastructure.
C. The applicant has coordinated the final siting location of the telecommunications
facility with the director.
D. All notification requirements for the proposed telecommunications facility have
been met.
6-4A-6: ADDITIONAL FINDINGS REQUIRED FOR WIRELESS
COMMUNICATIONS FACILITIES:
No permit shall be granted for any wireless communications facility if the following
additional findings cannot be made by the director:
A. The applicant has demonstrated, by way of a justification study, the rationale for
selecting the proposed use, a detailed explanation of the coverage gap that the
proposed use would serve, and how the proposed use is the least intrusive means
for the applicant to provide wireless service.
B. The applicant has posted a performance bond or other security in an amount
rationally related to the cost of removal.
C. The wireless communications facility will not result in levels of radio frequency
emissions that exceed Federal Communications Commission standards,
including, but not limited to, FCC Office of Engineering Technology (OET) Bulletin
65, Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the director
determines the wireless communications facility, as constructed, may emit radio
frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. Applications for amateur radio antennas or antennas
installed for home entertainment purposes are exempt from this requirement.
Ordinance No. 16-1011U
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6-4A-7: SPECIAL NOTICE:
A. Notice of Application Submittal.
1. Residential Districts. Notice that the application has been submitted shall be
mailed to the owners of property located within a radius of three hundred feet
(300') as shown on the latest equalized assessment roll of the county of Los
Angeles, or from other records of the assessor or county tax collector which
contain more recent and accurate addresses by United States mail, postage
prepaid. Notices shall contain a description of the location, a brief description
of the proposal, the deadline to submit comments, the date the director is
scheduled to make a decision, and information about when and how an appeal
may be filed.
2. All Other Zoning Districts. Notice that the application has been submitted shall
be mailed to all property owners within 100 feet of the proposed facility
(including any antenna array, radome and enclosure facility) as shown on the
latest equalized assessment roll of the county of Los Angeles, or from other
records of the assessor or county tax collector which contain more recent and
accurate addresses by United States mail, postage prepaid. Notices shall
contain a description of the location, a brief description of the proposal, the
deadline to submit comments, the date the director is scheduled to make a
decision, and information about when and how an appeal may be filed.
B. Comment Period. Written comments received by the director during this period
shall be considered as part of the staff review.
1. Residential Districts. For proposed uses located in residential zoning districts,
the comment period shall be 1415days from the date notice is provided.
2. All Other Zoning Districts. For proposed uses located in all other zoning
districts, the comment period shall be 10 days from the date notice is provided.
C. Notice of Installation. After the appeal period has expired, and no less than 48
hours prior to installation, written notice shall be provided to the same persons who
originally received notice pursuant to subdivision "A. Notice of Application
Submittal" of this section.
D. Exemption. Any WCF operated by suppliers of electric, gas, or water utilities shall
be exempt from the provisions of this subsection.
6-4A-8: TIME FOR DECISION:
A. A permit for a telecommunications facility that provides video services for a holder
of a statewide video franchise shall be granted, denied or granted conditionally by
the director no later than 60 days after receiving a completed application.
B. A permit for all other telecommunications facilities shall be granted, denied or
granted conditionally by the director within a reasonable time after receiving a
completed application, with that reasonable time maintaining compliance with all
State and Federal requirements.
Ordinance No. 16-1011 U
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C. If the director denies an application, the director shall, at the time of notifying the
applicant of the denial, furnish to the applicant a detailed explanation of the reason
for the denial.
6-4A-9: APPEALS:
Any interested person may appeal the decision of the director pursuant to this
chapter to the city council. The appeal shall be filed with the city clerk within 15
days after the decision by the director from which the appeal is being taken.
6-4A-1 0: INSTALLATION STANDARDS APPLICABLE TO ALL
TELECOMMUNICATIONS FACILITIES:
A permit for telecommunications facilities within the public right-of-way shall
comply with the following installation standards.
A. The Director or his/her designee shall determine the time, place, and manner of
construction for all WCFs located within the PROW consistent with Public Utilities
Code.
B. WCFs shall have subdued colors and non-reflective materials which blend in with
the surrounding area to the satisfaction of the Director or his/her designee.
C. All WCFs shall be built in compliance with the Americans with Disabilities Act
(ADA), including but not limited to surface access in and around facilities.
D. Utility and Light Poles.
1. The maximum height of any antenna shall not exceed 24 inches above the
height of an existing utility pole and no portion of the antenna or equipment
mounted on a pole shall be less than 16 feet above any drivable road surface.
All installations on utility poles shall fully comply with California Public Utilities
Commission General Order 95.
2. The maximum height of any antenna or antenna radome shall not exceed six
feet above the height of an existing light pole.
3. Pole-mounted equipment shall not exceed six cubic feet.
4. Antennas shall be installed on existing utility or light poles, except when
impractical or technologically infeasible. No new poles may be installed except
as replacements for existing poles, or when the applicant provides evidence as
part of the application showing why and how complying with the foregoing
standard would be impractical or technologically infeasible. In such event, the
Director may hire an independent, qualified consultant to evaluate any technical
aspect of the proposed replacement or modification and any proposed
exceptions from these development standards at the applicant's sole cost. The
applicant shall submit a deposit to pay for such independent third party review
as set forth in the City's Fee Resolution.
E. In the event the parkway and/or roadway, where approved, adjacent the
applicant's telecommunications facility disturbed or altered in the process of
Ordinance No. 16-1011 U
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B. No wireless communications facility shall be located on a pole that is less than 25
feet in height.
C. An antenna array shall not extend over 7 feet beyond the top of the pole, unless
the applicant can demonstrate to the Director that doing so is impractical or
unreasonable.
D. When feasible, panel antennas shall utilize brackets that allow no more than a 4-
inch extension from the pole. Panel antennas shall not exceed the height of the
pole.
E. All permits for wireless communications facilities shall be valid for no less than 10
years. The director may administratively extend the term of the permit for
subsequent 1 0-year terms upon verification of continued compliance with the
findings and conditions of approval under which the application was originally
approved, as well as any other provisions provided for in the Municipal Code which
are in effect at the time of permit renewal.
F. If an applicant proposes to replace a pole in order to accommodate their
telecommunications facility, the pole shall match or improve the appearance of the
original pole to the extent feasible and shall be approved by the director.
6-4A-12: MAINTENANCE STANDARDS:
The following standards are applicable to all telecommunications facilities subject
to this chapter:
A. The applicant shall provide on-going maintenance of its telecommunications
facilities, including ensuring the facilities are reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint, or on all visible painted areas;
3. Rust and corrosion on all visible unpainted metal areas;
4. Cracks, dents, blemishes, and discoloration;
5. Graffiti, bills, stickers, advertisements etc.; and
6. Broken and misshapen structural parts.
B. If an applicant discontinues use or abandons any telecommunications facilities, the
applicant shall (1) immediately notify the director; (2) remove the equipment and
restore the site to the previous condition within 90 days of notification to the director
and in a manner approved by the director.
C. The telecommunications facilities shall be maintained such that they comply at all
times with Section 9-11 (Regulation of Excessive Noise).
D. All ground-mounted, at-grade, and above-ground telecommunications facilities
shall be properly maintained in accordance with the following procedures:
Ordinance No. 16-1011 U
Page 13 of 31
1. All necessary repairs, including graffiti removal, shall be completed by the
applicant within 48 hours after discovery of the need for such repairs or in
receiving notification from a resident or the director.
2. The applicant shall provide routine maintenance within ten working days after
receiving notification from a resident or the director.
3. The applicant shall replace ground-mounted, at-grade, and above-ground
telecommunications facilities, in kind, if routine or emergency maintenance is
not sufficient to return the equipment to the condition at the time of installation.
6-4A-13: HOLD HARMLESS AGREEMENT:
A condition of issuance of a permit is that every permittee, and person an a shared
permit, agrees to defend, indemnify, and hold harmless the City of Temple City, its
city council, officers, and employees to the maximum extent permitted by law, from
any loss or liability or damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a result of the
installation, use, or maintenance of the applicant's facilities subject to this
Subdivision.
6-4A-14: INSURANCE REQUIRED:
A condition of issuance of a permit is that every permittee agrees to maintain a
policy of public liability insurance, naming the city as an additional insured, in an
amount that meets or exceeds the minimum levels and standards of liability
insurance and claims reserve, established by the director.
6-4A-15: SUMMARY REMOVAL:
In the event the director determines that the condition or placement of a
telecommunications facility constitutes a dangerous condition or obstruction, as
defined in section 6-4A-3 of this Code, or that a telecommunications facility has
been placed in the public right-of-way without a permit, the director may cause the
facility to be removed summarily and without a hearing. An administrative citation
shall be served upon the person who owns the facility within two business days of
removal in the manner set forth in chapter 2 of this Code, and if the owner cannot
be identified, the telecommunications facility shall be treated as abandoned
property.
6-4A-16: REMOVAL OF FACILITY FOR PUBLIC PURPOSE:
When the director determines that it is necessary to remove a telecommunications
facility for the construction or installation of public improvements, an order to
comply pursuant to chapter 2 of this Code may be issued for the purpose of
suspending or terminating the permit. The person who holds the permit for the
telecommunications facility shall be entitled, on permittee's election, to either a pro-
Ordinance No. 16-1011U
Page 15 of 31
The design and installation provision set forth herein are applicable to all new
Wireless Communication Facilities (WCF) within the City of Temple City, not
located within or over a public right of way.
1. Overview: Over the past several years, three major factors have impacted the
wireless landscape.
a. More people use cellular phones as their primary means of communication.
b. Cell phone usage is increasing as the price declines.
c. New services and capabilities, requiring greater bandwidths, are exhausting
current cell site (wireless network infrastructure) capacities.
Cities have the opportunity, right, and obligation to be a part of the solution to this
growing dilemma.
2. Objectives: The objectives for the City's Wireless Communication Facilities
(WCF) Ordinance are:
a. Facilitate future network development through a proactive approach by
implementing the WCF Ordinance.
b. Mitigate the visual impact of towers and antennas by employing "stealth"
technology via design standards;
c. Reduce the number of cell sites through a coordinated co-location process.
B. Definitions:
ANTENNA: One or more rods, poles, panels, discs, or similar devices used for the
transmission or reception of radio frequency signals. This definition includes
omnidirectional antennas (whips), directional antennas (panels), and parabolic
antennas (discs).
ANTENNA, BUILDING FA<;:ADE MOUNTED: A flat panel installed by flush-
mounting the antenna to the building's fac;ade and painting it to match the wall's
color and texture. In some cases, the antenna is incorporated into or hidden by
one of the structure's design elements.
ANTENNA, FLAGPOLE: A slim-line monopole with a flag attached. It has a thicker
diameter than a typical flagpole.
ANTENNA, LATTICE POWER LINE TOWER: This design takes advantage of the
existing lattice power transmission towers used by utility companies.
ANTENNA, LIGHT STANDARD FLUSH MOUNTED: Usually found at sports fields
with ballpark lighting. The antenna panels are mounted near the pole and under
Ordinance No. 16-1011U
Page 16 of 31
the lights. However, antennas can also be placed within a stealth cylinder on top
of a light standard.
ANTENNA, LOLLYPOP: Consists of a thin pole that holds a panel antenna.
Employed in open space or below the ridgeline in canyons or areas of hilly terrain.
Sometimes the antenna is blended with faux or natural vegetation.
ANTENNA, MONOBROADLEAF: Mimics a broad leaf tree to hide antennas, using
the same monopole structure.
ANTENNA, MONOPALM: Covers a monopole design with palm fronds and a
growth pod as a means to hide the cell site's antennas.
ANTENNA, MONOPINE: Similar to a monopole design pole with simulated bark
covering, in addition to simulated branches and pine needles.
ANTENNA, MONOPOLE: A tall pole topped with a triangular structure to mount
the antenna array. This is one of the earlier design types used for wireless
communications facilities.
ANTENNA, SATELLITE EARTH STATION: A parabolic or dish-shaped antenna or
other apparatus or device that is designed for the purpose of receiving or
transmitting signals for voice, video, or data.
ANTENNA, SLIM-LINE MONOPOLE: A slender pole mounted with a 4-to 6-foot-
high radome that has an 18-to 24-inch diameter to conceal the antennas.
ANTENNA, STEALTH INSTALLATION: In addition to monopine, monopalm, and
monobroadleaf, can include faux chimneys, rooftop screen walls, steeples, clock
towers, and faux water tanks.
ANTENNA, WATER TANK: Uses a pre-existing, aboveground structure to attach
fagade-mounted antennas.
ANTENNA, WHIP: A thin metal/fiberglass pole that serves as a receiving and
transmitting device. Typically measures 18 inches to 10 feet in length and 0.5 inch
to 4 inches in diameter. Typically installed on fire department buildings, police
department buildings, and city maintenance facilities.
CO-LOCATION: Co-location means the sharing of a wireless communication
facility by two or more wireless communication service providers.
INSTITUTIONAL: Includes churches, temples and other places of religious
worship; educational institutions; government facilities; lodges, meeting halls and
social clubs; and parks and playgrounds. This does not include residential uses,
community care facilities (large and small), modular homes, supportive housing,
transitional housing, commercial off street parking spaces, homes for the aged,
hospitals, nursery schools, daycare centers, and psychiatric hospitals.
Ordinance No. 16-1011 U
Page 17 of 31
RADOME: A radome is an enclosure made of a radio frequency-transparent
materials used to screen and/or protect wireless communication antennas.
WIRELESS COMMUNICATION FACILITY: For purposes of this ordinance, a
wireless communications facility is any unstaffed facility for the transmission and/or
reception of wireless telecommunication services, usually consisting of an antenna
array, connection cables, an equipment enclosure or facility, and a tower structure
or other building or structure used to achieve the necessary elevation.
C. Types of Wireless Communication Facilities Permitted in Designated Zone
Districts: No person may place, affix, attach, mount, construct, erect, install, develop,
use, operate and maintain, or modify a wireless facility, wireless transmission device,
support structure and/or accessory equipment within the City without meeting the
permitting requirements in the table below. Notwithstanding the foregoing,
administrative collocation may be allowed as approved in subsection J.
Zoning Districts
r-ype of Wireless
R-1 R-2 R-3 RPD C-1 C-1-C-2 C-3 M-1 M-2 0-S SCH DSP Facility R
Building Fagade C1 C1 C1 s s s s s s s
Mounted
Flagpole c c c c c c c c
Lattice Power c c c
Line Tower
Light Standard C1 C1 C1 c c c
Flush Mounted
Lollypop
Monotree c c c c c c
Monopole
Satellite Earth Station
1 meter or less p p p p p p p p p p p p p
in diameter
Between 1 c c c c c c c
and 2 meters
in diameter
Ordinance No. 16-1011U
Page 18of31
lfype of Wireless
R-1 R-2 Facility
2 meters or
more in
diameter
Slim-Line
Monopole
Water Tank
Zoning Permit
Requirements
Whip
18 inches or p p
less in length
Between 18 c c
inches and 60
inches in
length
60 inches in
length or more
Footnotes:
R-3 RPD C-1
c
s
p p p
c c p
c
Zoning Districts
C-1-C-2 C-3 M-1 M-2 0-S SCH DSP R
c c c c c c
s s s s s
p p p p p p p p
p p p p p c c p
c c c c c c
1) The applicable type of Wireless Communication Facility is allowed, with the
appropriate entitlement, only on sites where the primary use is institutional.
Conditional Use Permit = C
Permitted, No Review= P
Prohibited = Blank
Site Plan Review, Minor = S
Zoning Clearance = ZC
D. Design Standards: The City shall apply the following design standards to all
proposed wireless communications facilities.
Ordinance No. 16-1011U
Page 19 of 31
1. Building Fa9ade-Mounted Antenna
a. An antenna less than 1.5 square feet in surface area that is mounted to a
building fa9ade shall be treated to match or complement the existing
favade's color and texture. Such antenna shall be mounted flush to the
building or with low-profile brackets, as well as skirted. The antenna's profile
shall not extend more than 12 inches outward from the building facade, and
shall not extend above the height of the facade.
b. An antenna with a surface area greater than 1.5 square feet that is mounted
on any commercial building's fa vade shall be fully screened using materials
that match the existing favade's color and texture.
c. Antenna screening systems shall be architecturally integrated with the
building to the greatest possible extent.
d. Antenna screens shall be fully enclosed to prevent birds from nesting in the
screen structures.
e. The favade-mounted antennas and screening shall cannot extend above
the parapet and must be designed to the minimum feasible depth.
f. The structure's walls, conduits, chases, or concealment-type devices that
are integrated into the building's architecture shall hide all coaxial cables to
the greatest possible extent. All exposed cable shall be painted to match
the underlying surface.
g. Antennas shall not extend above the height of the parapet. Installations
proposing antennas greater than the height of the parapet shall be designed
as a stealth installation.
2. Flagpole Antenna
a. Flagpoles, not exceeding 55 feet in height with the antenna concealed
inside the pole, are allowable in conjunction with commercial or industrial
uses.
b. The radome must not exceed an 18-inch diameter.
c. The poles must be able to fly flags. US flags that are not removed every day
at sunset must be appropriately lit.
d. The pole diameters shall be the minimum necessary to meet engineering
requirements to accompany and conceal the inner coaxial cabling.
e. Different carriers' antennas should be distributed on multiple flagpoles to
minimize the poles' overall diameter.
Ordinance No. 16-1011 U
Page 21 of 31
f. In cases where irrigation is unavailable or impractical, faux shrubs (subject
to Planning Department review) may be installed to conceal antenna arrays.
g. All coaxial cables that connect the antennas to their accompanying
communications equipment cabinet shall be underground.
h. The height from the base of the antenna shall not exceed 15 feet.
6. Monotree Antenna
a. Monobroadleaf Antenna
1) A monobroadleaf antenna shall be designed for a minimum of two
carriers if feasible.
2) The monobroadleaf structure shall exhibit a sufficient branch count to
conceal all antennas.
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) The height of branches shall exceed all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage shall reflect varying colored "leaves" to mimic a real
broad leaf tree. The foliage shall be extruded in these colors instead of
painted. A sample branch with foliage must be submitted for City
approval prior to fabrication.
8) A custom-colored sample of bark cladding must be submitted for City
approval prior to fabrication.
9) Leafed antenna socks that match the approved foliage color must
cover all antennas.
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts must be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the structure base.
12) The maximum monobroadleaf structure height is 40 feet.
Ordinance No. 16-1011 U
Page 22 of 31
b. Monopalm Antenna
1) The structure shall be designed for a minimum of two carriers if
feasible.
2) The monopalm structure shall exhibit sufficient palm fronds to simulate
a natural palm tree.
3) The antenna shall be concealed within the growth pod and/or the
monopalm trunk. The top of the faux tree's palm fronds shall extend a
minimum of 5 feet above the top of the antenna.
4) Frond foliage color shall vary in olive green shades to simulate palm
tree colors. A sample palm frond shall be submitted for City approval
prior to fabrication.
5) A custom-colored sample of bark cladding shall be submitted for City
approval prior to fabrication.
6) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the base of the structure.
7) The maximum monopalm structure height (tower portion) shall be 40
feet.
c. Monopine Antenna
1) Monopine antennas shall be designed for a minimum of two carriers.
2) Monopine antennas shall have a minimum of 3.1 branches per foot for
full-density coverage, limiting spacing between the branches. Seventy
percent of the branches shall be 8 feet or longer.
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) Branches shall extend beyond all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage must be multicolored with greens and browns, matching
those of a natural pine tree. The foliage must be extruded (made from
plastic) in these colors instead of painted. A sample shall be submitted
for City approval prior to fabrication.
Ordinance No. 16-1011U
Page 23 of 31
8) A bark cladding sample with custom color shall be submitted for City
approval prior to fabrication.
9) Pine needle antenna socks that match the approved foliage colors
shall cover all antennas.
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts shall be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) Coaxial cables shall access the structure through the base.
12) The maximum monopine height is 40 feet.
9. Monopole Antenna
a. Not allowed, except as slim-line monopoles.
b. New antenna co-location on existing monopoles requires the approval of a
new conditional use permit.
10. Satellite Earth Station Antenna
a. The following satellite earth station antennas of 1 meter or less in diameter
are permitted as an accessory use in all zone districts and may be installed
without a zone clearance or building permit.
1) An antenna that satisfies all of the following criteria:
• Is used to receive direct broadcast satellite service, including direct-
to-home satellite service, or to receive or transmit fixed wireless
signals via satellite.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
2) An antenna that satisfies all of the following criteria:
• Is used to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint
distribution services, or to receive or transmit fixed wireless signals
other than via satellite.
Ordinance No. 16-1011 U
Page 24 of 31
• Is 1 meter or less in diameter or diagonal measurement.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
3) An antenna that satisfies both of the following criteria:
• Is used to receive television broadcast signals.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the
applicable height limit of the applicable zone district.
4) For purposes of this Section, the term "fixed wireless signals" means
any commercial non-broadcast communications signals transmitted via
wireless technology to and/or from a fixed customer location. This term
does not include, among other things, AM radio, FM radio, amateur
(ham) radio, or citizens band (CB) radio.
b. A satellite earth station antenna between 1 and 2 meters in diameter that
satisfies the criteria set forth below is permitted as an accessory use,
subject to approval of a conditional use permit, in any zone district where
commercial or industrial uses are generally permitted.
1) The diameter of the antenna is more than 1 meter and less than or equal
to 2 meters.
2) The antenna does not exceed 12 feet in height as measured from the
surface on which it is mounted and does not exceed 12 feet above the
applicable height limit of the zone district.
c. The following safety standards shall apply to all satellite earth station
antennas that are greater than one meter but no greater than two meters in
diameter in all zone districts.
1) No antenna shall be installed in a manner that impedes normal vehicular
or pedestrian circulation.
2) Any mast used to elevate an antenna shall be constructed of
noncombustible and corrosive-resistant materials.
3) Antennas must be installed with adequate ground wire to protect against
a direct lightning strike.
Ordinance No. 16-1011 U
Page 26 of 31
3) Walls are required to match or complement the building fagade's color
and texture.
c. Steeple Antenna
1) Antennas mounted inside existing steeples can utilize the full space.
2) Antennas must match the existing structure's color and texture and be
fully screened.
3) Any modification to the steeple's outward appearance must be
integrated with the overall structural design.
4) New steeple construction on an existing structure must be consistent
with the current architectural design and be no more 45 feet in height as
measured from the existing grade to the top of the steeple.
d. Clock Tower
1) A clock tower installation must be appropriate for the location and must
be designed for a minimum of two carriers.
2) The installation is allowed, up to 45 feet in height, depending on the
surrounding environment.
3) The design must be consistent with the environmental and built setting
in which it is located.
4) In most case, use of clock tower stealth antenna shall be limited to
institutional sites and commercial projects greater than two acres in size
where the clock tower is architecturally consistent with the design of the
development and the location onsite appears to have been considered
with the original development's site plan.
13. Water Tank Antenna
a. Fagade-mounted antennas on a water tank structure shall not extend above
the top of the tank.
b. Antennas and coaxial cables shall be painted to match the color of the
structure.
14. Whip Antenna
a. Whip antenna 18 inches or less in length are allowable on any structure in
any zone.
Ordinance No. 16-1011U
Page 27 of 31
b. Antennas up to 60 inches in length are allowable on any commercial or
industrial building provided that the antenna does not exceed the roofline
by more than 10 feet.
c. A whip antenna's base must be set back from the roof's edge by a distance
equal to its height.
E. Equipment Location and Screening Systems: All equipment installation types
require all coaxial, telephone, and electric cables/wires to be concealed.
1. Equipment Vault: Belowground equipment vaults are encouraged for all
wireless installations at park facilities, parking lots, and wireless facilities in the
public right-of-way.
2. Tenant Improvement: Tenant improvement is encouraged for all wireless
installations on existing buildings, where sufficient space is available within the
building's interior. If sufficient space is not available within the existing building
structure, equipment room additions are allowed subject to standard
building/zoning codes. Equipment room addition design is required to be
consistent with the existing building's architecture and must be effectively
mitigated with the required landscape setbacks.
3. Prefabricated Equipment Shelter
a. These shelters are discouraged for most wireless installation applications.
b. Prefabricated equipment shelters can be utilized in commercial areas where
the shelter is not visible to any public view.
4. Site-Constructed Equipment Shelter: These shelters are encouraged, provided
they are architecturally integrated into the surrounding environment. The height
of the equipment shelter must not exceed that which is consistent with the
adjacent building. Air conditioning condensing units (A/C units) must be located
on the ground adjacent to the structure or mounted on the roof. A/C units must
be fully screened and must not exceed any applicable noise ordinances.
Landscape standards also apply.
5. Outdoor Communications Equipment Cabinet: These cabinets must be located
within equipment enclosures (except communications equipment in the public
right-of-way), with sufficiently high walls that completely conceal the equipment
cabinets from public view. Equipment enclosures must have lattice-type
covering to prevent unauthorized access. All City screening and mitigation
requirements also apply.
6. Rooftop Equipment Platform:
a. These platforms must be fully screened and, if possible, integrated with a
rooftop antenna installation. Equipment screening height must not exceed
Ordinance No. 16-1011U
Page 28 of 31
10 feet above the maximum roof height of level-roofed buildings; others are
subject to staff review.
b. In evaluating the appropriate design for a particular property, existing uses
of the property, landscaping and optimal location of the facility must be
considered.
F. Regulation of Facilities:
1. Wireless communication facilities allowable without review and approval of the
Planning Division or issuance of a zoning clearance include the following:
a. In residential zones, a whip antenna of 18 inches or less in height.
b. In nonresidential zones, a whip antenna of 60 inches or less in height.
c. In all zones, a satellite earth station antenna of 1 meter or less in diameter.
2. Wireless communication facilities requiring Planning Division approval of a
Minor Site Plan Review include the following:
a. Building fa9ade antennas in the C-1, C-1-R, C-2, C-3, M-1, M-2 zones and
in the Downtown Specific Plan
b. Slim-Line Monopoles in the C-1, C-1-R, C-2, C-3, M-1, and M-2 zones.
c. Stealth Installations in the C-1, C-1-R, C-2, C-3, M-1, and M-2 zones.
3. All other wireless communication antennas require City Planning Commission
approval of a conditional use permit prior to installation.
4. All permitted antennas must comply with the City building code, electrical code,
fire code, and other applicable laws.
G. City Use of Consultants: The Director may require the applicant to provide an
authorization to permit the City to hire an independent, qualified consultant to
evaluate any technical aspect of the proposed use, including issues involving radio
frequency emissions, alternative designs, and alternative sites. Any authorization
for this purpose shall include an agreement by the applicant to reimburse the City
for all reasonable costs associated with the consultation. Any proprietary
information disclosed to the City or the consultant is deemed not to be a public
record and shall remain confidential and not to be disclosed to any third party
without the express consent of the applicant, unless otherwise required by law.
H. Enforcement: The City may withhold the issuance of business licenses, building
permits, grading permits, certificates of occupancy, and other land use
entitlements and may issue stop work orders for a WCF project failing to comply
with the provisions of this Article. If any improvements authorized by this Article
Ordinance No. 16-1011U
Page 29 of 31
are either rendered unusable or discontinued, the property owner and tenant may
be subject to enforcement procedures in compliance with Municipal Code Title 4
(Law Enforcement).
I. Radio Frequency Emissions Compliance: Upon installation of the facility, the
applicant shall demonstrate that the project will not result in levels of radio
frequency emissions that exceed Federal Communications Commission
standards, including FCC Office of Engineering Technology (OET) Bulletin 65,
Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director
determines the wireless telecommunications facility, as constructed, may emit
radio frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the Director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. The cost of any such testing and mitigation shall be borne
by the applicant. Applications for amateur radio antennas or antennas installed for
home entertainment purposes are exempt from this requirement
J. Co-location: The co-location of antennas on a single support structure is
encouraged. This includes co-location with other wireless telecommunications
antenna facilities including those of public and quasi-public agencies using similar
technology unless specific technical constraints preclude co-location.
1. Wireless Facilities and Wireless Transmission Devices: No person may place,
affix, attach, mount, construct, erect, install, develop, use, operate and
maintain, or modify a wireless facility, wireless transmission device, support
structure and/or accessory equipment within the City without a conditional use
permit approved by the Planning Commission, or the City Council in the course
of an appeal, following a noticed public hearing on the matter. Notwithstanding
the foregoing, administrative collocation may be allowed as approved in
subsection C. of this Section.
2. Collocation -General: No person may collocate a wireless facility or wireless
transmission device, including related accessory equipment, without meeting
the requirements of subsection C of this Ordinance. Notwithstanding the
foregoing, administrative collocation is allowed as approved in the following
manner.
3. Administrative Collocation: If, following the submission of a completed
application form and all required materials, the Community Development
Director determines that a proposed collocation qualifies as an "administrative
collocation" as defined herein, such proposal shall not require a conditional use
permit but shall be approved by the Community Development Director through
Ordinance No. 16-1011U
Page 30 of 31
the issuance of a zoning clearance permit. The foregoing notwithstanding, an
administrative collocation approval shall be subordinate and subject to the
conditions of approval associated with the wireless telecommunications
collocation facility to which it relates and administrative collocation shall not
defeat the existing concealment elements of the facility to which it relates or
otherwise violate or be inconsistent with the conditions associated with the prior
approval of the facility to which it relates (unless the inconsistency does not
exceed the "substantial change" thresholds identified in Federal
Communications Commission regulations or orders). Also, the life of a zoning
clearance approval may not exceed the life of the underlying conditional use
permit or other underlying discretionary authorization corresponding to the
wireless telecommunications collocation facility upon which the proposed
wireless transmission device and corresponding accessory equipment will be
placed or installed.
K. Justification Study: The applicant shall submit a justification study indicating the
rationale for selecting the proposed use, a detailed explanation of the coverage
gap that the proposed use would serve, and how the proposed use is the least
intrusive means for the applicant to provide wireless service.
L. Public Rights of Way and Publicly Owned Property: See Title 6, Chapter 4, Article
A (6-4A) for regulations on telecommunications facilities and wireless
telecommunications facilities in public rights of way.
M. Update of Wireless Communications Facility Ordinance: As the wireless industry
and its services evolve, its equipment will change as well. The WCF Ordinance will
need periodic updates to incorporate the wireless industry's changing environment
and the progress made toward "stealthing" antennas and equipment.
SECTION 5. Applicability. This ordinance applies to all applications filed but not
complete and all new applications submitted to the City after the effective date of this
ordinance for the installation or relocation of Wireless Facilities within the City, including
with in public rights-of-way and on other property.
SECTION 6. Environmental Review. The City Council hereby makes a finding
of adequacy with the Negative Declaration and hereby adopts the Negative Declaration,
as the environmental clearance for the proposed municipal code amendment.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. 16-1011 U
Page 31 of 31
SECTION 8. Effective Date and Duration. This ordinance is an urgency
ordinance enacted under California Government Code section 65858(a). This urgency
ordinance is effective upon adoption by a four-fifths vote of the City Council and will
extend for a period of 45 days from the date of adoption at which time it will automatically
expire unless extended by the City Council in accordance with California Government
Code section 65858.
SECTION 9. Publication. The City Clerk is directed to cause this ordinance to
be posted or published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 5th day of January, 2016.
_______ ,Mayor
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
ATTACHMENT B m
ORDINANCE NO . 16 -1012 •
ORDINANCE NO. 16-1012
AN ORDINANCE OF THE CITY COUNCIL OF TEMPLE CITY
ADDING A NEW CHAPTER 4 TO TITLE 6, ADDING A NEW
SECTION 9-1T-8 TO TITLE 9, AND AMENDING SECTION 9-1F-10
OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO
WIRELESS COMMUNICATION FACILITIES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. A new Chapter 4 is hereby added to Title 6 of the Temple City
Municipal Code to read as follows.
CHAPTER 4-TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF
WAY
ARTICLE A-GENERAL
6-4A-O: SHORT TITLE:
This chapter shall be known as "The Telecommunications Facility Ordinance" and
serves as the city's regulation over such facilities in the public right-of-way.
6-4A-1: DEFINITIONS:
For the purpose of this chapter, certain words and phrases are defined in this
section, unless it is apparent from the context that a different meaning is intended:
ANTENNA ARRAY: One or more rods, panels, discs, or similar devices used for
the transmission or reception of radio frequency signals, which may include omni-
directional antennas (whip), directional antennas (panel), and parabolic antennas
(dish), but excluding any support structure.
COLLOCATE: A site or facility where a wireless provider shares a
telecommunications facility with an existing structure, such as an existing street
light or utility pole.
CORNER LOT: A lot bounded by 2 or more intersecting streets that has an angle
of intersection of not more than 135 degrees. The intersecting streets shall not be
the same street. In determining the angle of intersection for a rounded corner,
Ordinance No. 16-1012
Page 2 of 32
straight lines shall be drawn as extensions of both street lines. The calculation of
the angle of intersections shall be made from the side facing toward the lot at the
point where these 2 extensions meet.
DIRECTOR: The director of the department of community development or his/her
written designee. The director is hereby designated as the administrative
enforcement official for this chapter and may issue an administrative citation
pursuant to Chapter 2 of this Code, and a violator shall be subject to the
procedures, costs and civil penalties set forth therein.
PARKWAY: That area between the sidewalk and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property
line adjacent thereto. Parkway shall also include any area within a roadway, which
is not open to vehicular travel.
PERMIT: A permit issued pursuant to this chapter allowing the placement of a
telecommunications facility within a specifically designated portion of the public
right-of-way. This separate from the encroachment permit.
PERSON: Any individual, firm, company, corporation or other organization.
PRIMARY USE: The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority of the hours which
activities occur, including, but not limited to, a street light or power pole.
PUBLIC SIDEWALK: Any surface dedicated to the use of pedestrians by license,
easement, operation of law or by grant to the city.
PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: Any public street, public way,
public place or rights-of-way, now laid out or dedicated, and the space on, above
or below it, and all extensions thereof, and additions thereto, under the jurisdiction
of the city.
PUBLIC STREET: All of that area dedicated to public use for public street and
sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys
and sidewalks.
STREET SEGMENT: The length of a street between two cross streets and
includes both sides of such street. For streets that turn at an angle of 90 degrees
or more, the portion before and after the right angle shall each be considered a
street segment.
ROADWAY: That portion of a public street improved, designed or ordinarily used
for vehicular travel.
Ordinance No. 16-1012
Page 3 of 32
SUPPORT STRUCTURE: A freestanding structure designed and constructed to
solely support an antenna array and that may consist of a monopole, a self-
supporting lattice tower, a guy-wire support tower, or other similar structure.
TELECOMMUNICATIONS FACILITY: Any wire or line, antenna, pipeline, pipe,
duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain,
manhole, splice box, surface location marker, pole, structure, utility, or other
appurtenance, structure, property, or tangible thing used to provide
telecommunications and/or video service to the public.
WIRELESS COMMUNICATION FACILITY (WCF): For purposes of this ordinance,
a wireless communications facility is any unstaffed facility for the transmission
and/or reception of wireless telecommunication services, usually consisting of an
antenna array, connection cables, an equipment enclosure or facility, and a tower
structure or other building or structure used to achieve the necessary elevation.
6-4A-2: PROHIBITED ON ROADWAY OF PUBLIC STREET:
No person shall install, use or maintain any telecommunications facility which
projects onto, in or over any part of the roadway of any public street or which rests,
wholly or in part, upon, along or over any portion of the roadway of any public
street.
6-4A-3: DANGEROUS CONDITION OR OBSTRUCTION:
A. No person shall install, use or maintain any telecommunications facility which in
whole or in part rests upon, in or over any public sidewalk or parkway,
1. When such installation, use or maintenance endangers or is reasonably likely
to endanger the safety of persons or property, or
2. When such site or location is used for public utility purposes, public
transportation purposes or other governmental use, or
3. When such telecommunications facility unreasonably interferes with or
impedes the flow of
a. Pedestrian or vehicular traffic including any legally parked or stopped
vehicle,
b. The ingress into or egress from any residence or place of business,
c. The use of poles, posts, traffic signs or signals, hydrants, mailboxes,
permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
Ordinance No. 16-1012
Page 4 of 32
6-4A-4: PERMIT REQUIRED:
A. No person shall install or maintain any telecommunications facility which in whole
or in part rests upon, in or over the public right-of-way without
1. First obtaining a Telecommunications Permit or "permit" from the director under
this chapter and
2. Demonstrating that the operator is regulated by the Public Utilities Commission
or has a certificate of public convenience and necessity.
B. Applications for permits shall be made to the director and shall contain the
following:
1. The name, address and telephone number of the owner of the
telecommunications facility;
2. The name, address and telephone number of the responsible person whom the
city may notify or contact at any time concerning the telecommunications
facility;
3. A site plan containing the exact proposed location of the facility (including the
longitude and latitude for purposes of noting the location in the city's geographic
information system), and detailed plans created by a qualified licensed
engineer and in accordance with requirements set by the director;
4. A photograph and/or model number of the type of telecommunications facility
being used;
5. A hold harmless agreement pursuant to Section 6-4A-13;
6. A certificate of insurance pursuant to Section 6-4A-14;
7. Agreement to conform to the requirements of this chapter;
8. An application and processing fee, as established by resolution of the city
council; and
9. Any additional data sufficient to show the correctness of the application and/or
plans required by the Director.
C. Applications will not be accepted for geographic locations which are then
unavailable due to current or proposed public improvements as specified in the
current Capital Improvement Program.
D. This section does not apply to the terms and conditions of any agreement or permit
(or extension thereof) pertaining to telecommunications facilities (issued by the city
or of which the city is a party) that is already in existence at the effective date of
this ordinance, provided that the agreement or permit (or extension thereof) does
not result in a material change (including, but not limited to, changes in size, shape,
Ordinance No. 16-1012
Page 5 of 32
color, or exterior material) of the telecommunications facilities covered by such
existing agreement.
E. The Director may impose impact minimizing conditions on a permit to mitigate
potential noise or aesthetic impacts.
F. Permits: The Director shall have the right to review the permit every 10 years to
determine whether the equipment is no longer needed and or useful, or whether
new means exist to further reduce noise and or aesthetic impacts that are
materially greater than those that would have existed when the WCF was installed
as originally permitted.
G. The Director may require facility upgrades and/or additional mitigations to reduce
impacts of such facilities unless the applicant demonstrates that the mitigations
are not feasible.
H. Eligible Facilities Requests: Eligible Facilities Requests (as defined in the Middle
Class Tax Relief and Job Creation Act of 2012, § 6409 and any subsequent
modifications) that do not require a Substantial Change in Physical Dimensions
shall be processed in accordance with 47 U.S.C. § 1455, and any duly authorized
implementing orders and regulations of the Federal Communications Commission.
In reviewing permits for qualifying Eligible Facilities Requests, the Director shall
approve applications, but shall retain discretion to enforce and condition approval
on compliance with generally applicable building, structural, electrical, and safety
codes and with other laws (including, without limitation, this Article) codifying
objective standards reasonably related to health and safety.
6-4A-5: FINDINGS REQUIRED FOR ALL TELECOMMUNICATIONS
FACILITIES:
No permit shall be granted unless the following findings can be made by the
director:
A. The proposed use is allowed in the public right-of-way and complies with all
applicable provisions of this chapter.
B. Prior to the installation of any telecommunications facility, the applicant has
demonstrated that the installation will not interfere with the use of the public right-
of-way and existing subterranean infrastructure.
C. The applicant has coordinated the final siting location of the telecommunications
facility with the director.
D. All notification requirements for the proposed telecommunications facility have
been met.
Ordinance No. 16-1012
Page 6 of 32
6-4A-6: ADDITIONAL FINDINGS
COMMUNICATIONS FACILITIES:
REQUIRED FOR WIRELESS
No permit shall be granted for any wireless communications facility if the following
additional findings cannot be made by the director:
A. The applicant has demonstrated, by way of a justification study, the rationale for
selecting the proposed use, a detailed explanation of the coverage gap that the
proposed use would serve, and how the proposed use is the least intrusive means
for the applicant to provide wireless service.
B. The applicant has posted a performance bond or other security in an amount
rationally related to the cost of removal.
C. The wireless communications facility will not result in levels of radio frequency
emissions that exceed Federal Communications Commission standards,
including, but not limited to, FCC Office of Engineering Technology (OET) Bulletin
65, Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the director
determines the wireless communications facility, as constructed, may emit radio
frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. Applications for amateur radio antennas or antennas
installed for home entertainment purposes are exempt from this requirement.
6-4A-7: SPECIAL NOTICE:
A. Notice of Application Submittal.
1. Residential Districts. Notice that the application has been submitted shall be
mailed to the owners of property located within a radius of three hundred feet
(300') as shown on the latest equalized assessment roll of the county of Los
Angeles, or from other records of the assessor or county tax collector which
contain more recent and accurate addresses by United States mail, postage
prepaid. Notices shall contain a description of the location, a brief description
of the proposal, the deadline to submit comments, the date the director is
scheduled to make a decision, and information about when and how an appeal
may be filed.
Ordinance No. 16-1012
Page 7 of 32
2. All Other Zoning Districts. Notice that the application has been submitted shall
be mailed to all property owners within 100 feet of the proposed facility
(including any antenna array, radome and enclosure facility) as shown on the
latest equalized assessment roll of the county of Los Angeles, or from other
records of the assessor or county tax collector which contain more recent and
accurate addresses by United States mail, postage prepaid. Notices shall
contain a description of the location, a brief description of the proposal, the
deadline to submit comments, the date the director is scheduled to make a
decision, and information about when and how an appeal may be filed.
B. Comment Period. Written comments received by the director during this period
shall be considered as part of the staff review.
1. Residential Districts. For proposed uses located in residential zoning districts,
the comment period shall be 1415days from the date notice is provided.
2. All Other Zoning Districts. For proposed uses located in all other zoning
districts, the comment period shall be 10 days from the date notice is provided.
C. Notice of Installation. After the appeal period has expired, and no less than 48
hours prior to installation, written notice shall be provided to the same persons who
originally received notice pursuant to subdivision "A. Notice of Application
Submittal" of this section.
D. Exemption. Any WCF operated by suppliers of electric, gas, or water utilities shall
be exempt from the provisions of this subsection.
6-4A-8: TIME FOR DECISION:
A. A permit for a telecommunications facility that provides video services for a holder
of a statewide video franchise shall be granted, denied or granted conditionally by
the director no later than 60 days after receiving a completed application.
B. A permit for all other telecommunications facilities shall be granted, denied or
granted conditionally by the director within a reasonable time after receiving a
completed application, with that reasonable time maintaining compliance with all
State and Federal requirements.
C. If the director denies an application, the director shall, at the time of notifying the
applicant of the denial, furnish to the applicant a detailed explanation of the reason
for the denial.
Ordinance No. 16-1012
Page 8 of 32
6-4A-9: APPEALS:
Any interested person may appeal the decision of the director pursuant to this
chapter to the city council. The appeal shall be filed with the city clerk within 15
days after the decision by the director from which the appeal is being taken.
6-4A-10: INSTALLATION STANDARDS APPLICABLE TO ALL
TELECOMMUNICATIONS FACILITIES:
A permit for telecommunications facilities within the public right-of-way shall
comply with the following installation standards.
A. The Director or his/her designee shall determine the time, place, and manner of
construction for all WCFs located within the PROW consistent with Public Utilities
Code.
B. WCFs shall have subdued colors and non-reflective materials which blend in with
the surrounding area to the satisfaction of the Director or his/her designee.
C. All WCFs shall be built in compliance with the Americans with Disabilities Act
(ADA), including but not limited to surface access in and around facilities.
D. Utility and Light Poles.
1. The maximum height of any antenna shall not exceed 24 inches above the
height of an existing utility pole and no portion of the antenna or equipment
mounted on a pole shall be less than 16 feet above any drivable road surface.
All installations on utility poles shall fully comply with California Public Utilities
Commission General Order 95.
2. The maximum height of any antenna or antenna radome shall not exceed six
feet above the height of an existing light pole.
3. Pole-mounted equipment shall not exceed six cubic feet.
4. Antennas shall be installed on existing utility or light poles, except when
impractical or technologically infeasible. No new poles may be installed except
as replacements for existing poles, or when the applicant provides evidence as
part of the application showing why and how complying with the foregoing
standard would be impractical or technologically infeasible. In such event, the
Director may hire an independent, qualified consultant to evaluate any technical
aspect of the proposed replacement or modification and any proposed
exceptions from these development standards at the applicant's sole cost. The
applicant shall submit a deposit to pay for such independent third party review
as set forth in the City's Fee Resolution.
Ordinance No. 16-1012
Page 9 of 32
E. In the event the parkway and/or roadway, where approved, adjacent the
applicant's telecommunications facility disturbed or altered in the process of
installation, the applicant shall restore the parkway to the condition in which it
existed prior to installation.
F. No modifications to above-ground or at-grade telecommunications facility,
including those related to size, color, and shape of the housing, may be made by
the applicant without first having obtained approval from the director.
G. Where feasible, as new technology becomes available, the applicant shall place
an existing or proposed above-ground telecommunications facility below ground.
H. In residential areas, WCFs shall not be located within one standard block width of
another wireless communication facility; this does not include collocation of sites.
I. In residential districts where a telecommunications facility is proposed adjacent to
a corner lot, the facility shall be located along the side yard and not on the primary
frontage of a residence, if feasible.
J. To the extent feasible, the area surrounding the telecommunications facility shall
be maintained with landscaping or alternate screening. The landscaping shall be
irrigated and of a sufficient height and density to screen the facility from the public
sidewalk and parkway.
K. The applicant shall obtain the director's approval of a tree protection plan prepared
by a certified arborist for the installation of any telecommunications facility located
within the canopy of a street tree, or a protected tree on private property, or within
a minimum of a 1 0-foot radius of the base of such a tree. Depending on site specific
criteria (e.g. location of tree, size and type of tree etc.), a radius greater than 10
feet may be required by the director.
L. No telecommunications facility may be illuminated unless specifically required by
the Federal Aviation Administration or other governmental agencies.
M. At the discretion of the director, the applicant may be required to provide an
authorization to permit the city to hire an independent, qualified consultant to
evaluate any technical aspect of a proposed wireless communications facility,
including, but not limited to, issues involving radio frequency emissions, alternative
designs, and alternative sites. Any authorization for this purpose shall include a
deposit to cover all reasonable costs associated with the consultation. Any
proprietary information disclosed to the city or the consultant is deemed not to be
a public record, and shall remain confidential and not to be disclosed to any third
party without the express consent of the applicant, unless otherwise required by
law.
Ordinance No. 16-1012
Page 10 of 32
6-4A-11: ADDITIONAL INSTALLATION STANDARDS APPLICABLE TO
WIRELESS COMMUNICATIONS FACILITIES:
A. No support structures are permitted in the public right-of-way. New street lights
and utility poles installed for the support of wireless communication facilities and
found to be required per 6-4A-10 D.4 are allowed.
B. No wireless communications facility shall be located on a pole that is less than 25
feet in height.
C. An antenna array shall not extend over 7 feet beyond the top of the pole, unless
the applicant can demonstrate to the Director that doing so is impractical or
unreasonable.
D. When feasible, panel antennas shall utilize brackets that allow no more than a 4-
inch extension from the pole. Panel antennas shall not exceed the height of the
pole.
E. All permits for wireless communications facilities shall be valid for no less than 10
years. The director may administratively extend the term of the permit for
subsequent 1 0-year terms upon verification of continued compliance with the
findings and conditions of approval under which the application was originally
approved, as well as any other provisions provided for in the Municipal Code which
are in effect at the time of permit renewal.
F. If an applicant proposes to replace a pole in order to accommodate their
telecommunications facility, the pole shall match or improve the appearance of the
original pole to the extent feasible and shall be approved by the director.
6-4A-12: MAINTENANCE STANDARDS:
The following standards are applicable to all telecommunications facilities subject
to this chapter:
A. The applicant shall provide on-going maintenance of its telecommunications
facilities, including ensuring the facilities are reasonably free of:
1. General dirt and grease;
2. Chipped, faded, peeling, and cracked paint, or on all visible painted areas;
3. Rust and corrosion on all visible unpainted metal areas;
4. Cracks, dents, blemishes, and discoloration;
5. Graffiti, bills, stickers, advertisements etc.; and
6. Broken and misshapen structural parts.
Ordinance No. 16-1012
Page 11 of 32
B. If an applicant discontinues use or abandons any telecommunications facilities, the
applicant shall (1) immediately notify the director; (2) remove the equipment and
restore the site to the previous condition within 90 days of notification to the director
and in a manner approved by the director.
C. The telecommunications facilities shall be maintained such that they comply at all
times with Section 9-11 (Regulation of Excessive Noise).
D. All ground-mounted, at-grade, and above-ground telecommunications facilities
shall be properly maintained in accordance with the following procedures:
1. All necessary repairs, including graffiti removal, shall be completed by the
applicant within 48 hours after discovery of the need for such repairs or in
receiving notification from a resident or the director.
2. The applicant shall provide routine maintenance within ten working days after
receiving notification from a resident or the director.
3. The applicant shall replace ground-mounted, at-grade, and above-ground
telecommunications facilities, in kind, if routine or emergency maintenance is
not sufficient to return the equipment to the condition at the time of installation.
6-4A-13: HOLD HARMLESS AGREEMENT:
A condition of issuance of a permit is that every permittee, and person an a shared
permit, agrees to defend, indemnify, and hold harmless the City of Temple City, its
city council, officers, and employees to the maximum extent permitted by law, from
any loss or liability or damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a result of the
installation, use, or maintenance of the applicant's facilities subject to this
Subdivision.
6-4A-14: INSURANCE REQUIRED:
A condition of issuance of a permit is that every permittee agrees to maintain a
policy of public liability insurance, naming the city as an additional insured, in an
amount that meets or exceeds the minimum levels and standards of liability
insurance and claims reserve, established by the director.
6-4A-15: SUMMARY REMOVAL:
In the event the director determines that the condition or placement of a
telecommunications facility constitutes a dangerous condition or obstruction, as
defined in section 6-4A-3 of this Code, or that a telecommunications facility has
Ordinance No. 16-1012
Page 12 of 32
been placed in the public right-of-way without a permit, the director may cause the
facility to be removed summarily and without a hearing. An administrative citation
shall be served upon the person who owns the facility within two business days of
removal in the manner set forth in chapter 2 of this Code, and if the owner cannot
be identified, the telecommunications facility shall be treated as abandoned
property.
6-4A-16: REMOVAL OF FACILITY FOR PUBLIC PURPOSE:
When the director determines that it is necessary to remove a telecommunications
facility for the construction or installation of public improvements, an order to
comply pursuant to chapter 2 of this Code may be issued for the purpose of
suspending or terminating the permit. The person who holds the permit for the
telecommunications facility shall be entitled, on permittee's election, to either a pro-
rata refund of fees or to a new permit, without additional fee, in the original location
or as close to the original location as the standards set forth in this chapter allow.
6-4A-18: BUSINESS LICENSE:
A permit issued under this chapter shall not substitute for any business license
otherwise required under this Code.
6-4A-19: REMEDIES NOT EXCLUSIVE:
Remedies under this chapter are in addition to and do not supersede or limit any
and all other remedies, civil or criminal. The remedies provided for herein shall be
cumulative and not exclusive.
6-4A-20: EFFECT ON OTHER ORDINANCES:
A. Compliance with the provisions of this chapter shall not relieve a person from
complying with any other applicable provision of the City of Temple City Municipal
Code.
B. In the event of a conflict between any provision in this chapter and chapter 12.24
of this Code (Excavations), this chapter shall control.
C. Nothing contained in this chapter shall be deemed to supersede or modify the
standards and size limitations (and exemptions thereon) for sign displays in 9-1L
(Signs) of the Zoning Code.
Ordinance No. 16-1012
Page 15 of 32
ANTENNA, SATELLITE EARTH STATION: A parabolic or dish-shaped antenna or
other apparatus or device that is designed for the purpose of receiving or
transmitting signals for voice, video, or data.
ANTENNA, SLIM-LINE MONOPOLE: A slender pole mounted with a 4-to 6-foot-
high radome that has an 18-to 24-inch diameter to conceal the antennas.
ANTENNA, STEALTH INSTALLATION: In addition to monopine, monopalm, and
monobroadleaf, can include faux chimneys, rooftop screen walls, steeples, clock
towers, and faux water tanks.
ANTENNA, WATER TANK: Uses a pre-existing, aboveground structure to attach
fayade-mounted antennas.
ANTENNA, WHIP: A thin metal/fiberglass pole that serves as a receiving and
transmitting device. Typically measures 18 inches to 10 feet in length and 0.5 inch
to 4 inches in diameter. Typically installed on fire department buildings, police
department buildings, and city maintenance facilities.
COLLOCATION: Collocation means the sharing of a wireless communication
facility by two or more wireless communication service providers.
INSTITUTIONAL: Includes churches, temples and other places of religious
worship; educational institutions; government facilities; lodges, meeting halls and
social clubs; and parks and playgrounds. This does not include residential uses,
community care facilities (large and small), modular homes, supportive housing,
transitional housing, commercial off street parking spaces, homes for the aged,
hospitals, nursery schools, daycare centers, and psychiatric hospitals.
RADOME: A radome is an enclosure made of a radio frequency-transparent
materials used to screen and/or protect wireless communication antennas.
WIRELESS COMMUNICATION FACILITY: For purposes of this ordinance, a
wireless communications facility is any unstaffed facility for the transmission and/or
reception of wireless telecommunication services, usually consisting of an antenna
array, connection cables, an equipment enclosure or facility, and a tower structure
or other building or structure used to achieve the necessary elevation.
C. Types of Wireless Communication Facilities Permitted in Designated Zone
Districts: No person may place, affix, attach, mount, construct, erect, install, develop,
use, operate and maintain, or modify a wireless facility, wireless transmission device,
support structure and/or accessory equipment within the City without meeting the
Ordinance No. 16-1012
Page 16 of 32
permitting requirements in the table below. Notwithstanding the foregoing,
administrative collocation may be allowed as approved in subsection J.
Zoning Districts
r-ype of Wireless
R-1 R-2 R-3 RPD C-1 C-1-C-2 C-3 M-1 M-2 0-S SCH DSP Facility R
Building Fagade C1 C1 C1 s s s s s s s
Mounted
Flagpole c c c c c c c c
Lattice Power c c c
Line Tower
Light Standard C1 C1 C1 c c c
Flush Mounted
Lollypop
Monotree C1 C1 C1 c c c c c c
Monopole
Satellite Earth Station
1 meter or less p p p p p p p p p p p p p
in diameter
Between 1 c c c c c c c
and 2 meters
in diameter
2 meters or c c c c c c c
more in
diameter
Slim-Line s s s s s s
Monopole
Ordinance No. 16-1012
Page 17 of 32
lfype of Wireless
R-1 Facility
Stealth C1
Installation
Antenna
Water Tank
Whip
18 inches or p
less in length
Between 18 c
inches and 60
inches in
length
60 inches in
length or more
Footnotes:
R-2 R-3 RPD C-1
C1 C1 c s
p p p p
c c c p
c
Zoning Districts
C-1-C-2 C-3 M-1 M-2 0-S SCH DSP R
s s s s s c s
p p p p p p p p
p p p p p c c p
c c c c c c
1) The applicable type of Wireless Communication Facility is allowed, with the
appropriate entitlement, only on sites where the primary use is institutional.
Conditional Use Permit = C
Permitted, No Review= P
Prohibited = Blank
Site Plan Review, Minor = S
Zoning Clearance = ZC
D. Design Standards: The City shall apply the following design standards to all
proposed wireless communications facilities.
1. Building Fagade-Mounted Antenna
Ordinance No. 16-1012
Page 18 of 32
a. An antenna less than 1.5 square feet in surface area that is mounted to a
building fac;ade shall be treated to match or complement the existing
fac;ade's color and texture. Such antenna shall be mounted flush to the
building or with low-profile brackets, as well as skirted. The antenna's profile
shall not extend more than 12 inches outward from the building facade, and
shall not extend above the height of the facade.
b. An antenna with a surface area greater than 1.5 square feet that is mounted
on any commercial building's fac;ade shall be fully screened using materials
that match the existing fac;ade's color and texture.
c. Antenna screening systems shall be architecturally integrated with the
building to the greatest possible extent.
d. Antenna screens shall be fully enclosed to prevent birds from nesting in the
screen structures.
e. The fac;ade-mounted antennas and screening shall cannot extend above
the parapet and must be designed to the minimum feasible depth.
f. The structure's walls, conduits, chases, or concealment-type devices that
are integrated into the building's architecture shall hide all coaxial cables to
the greatest possible extent. All exposed cable shall be painted to match
the underlying surface.
g. Antennas shall not extend above the height of the parapet. Installations
proposing antennas greater than the height of the parapet shall be designed
as a stealth installation.
2. Flagpole Antenna
a. Flagpoles, not exceeding 55 feet in height with the antenna concealed
inside the pole, are allowable in conjunction with commercial or industrial
uses.
b. The radome must not exceed an 18-inch diameter.
c. The poles must be able to fly flags. US flags that are not removed every day
at sunset must be appropriately lit.
d. The pole diameters shall be the minimum necessary to meet engineering
requirements to accompany and conceal the inner coaxial cabling.
Ordinance No. 16-1012
Page 19 of 32
e. Different carriers' antennas should be distributed on multiple flagpoles to
minimize the poles' overall diameter.
3. Lattice Power Line Tower Antenna
a. No new lattice towers shall be allowed.
b. Collocation on existing power line towers may be allowed subject to City
approval.
c. Antennas should be mounted to the vertical portion of the structure, using
low-profile mounting brackets.
d. All pipe mounts must be concealed behind the antenna. The accompanying
coaxial cables shall be run inside the tower structure
e. Accompanying communications equipment shall be located under or close
to the tower structure. The equipment shall be enclosed by an appropriate
screening wall.
4. Light Standard Flush-Mounted Antenna
a. An allowable light standard antenna shall be a low profile/flush-mounted
antenna with a maximum height of 35 feet measured from the existing grade
to the top of the antenna.
b. The antenna shall be painted to match the light standard, and all cables
shall be concealed within the light standard.
c. The radome shall not exceed 18 inches in diameter and 6.5 feet in height
above the light pole.
5. Lollypop Antenna
a. A lollypop antenna shall be approved only when other stealth installation
types are more intrusive, such as on steep slopes or hillsides. Lollypop
antennas are not permitted on buildings.
b. Such antennas shall be installed below ridgelines wherever possible to
avoid the antennas' profile appearing above a slope top.
c. Cross braces between individual antenna poles add additional bulk to the
installation and shall be discouraged.
Ordinance No. 16-1012
Page 20 of 32
d. Antennas and their support poles must be painted the appropriate colors
that blend with the surrounding environment.
e. In cases where irrigation is available, natural shrubs shall be planted behind
lollypop antennas.
f. In cases where irrigation is unavailable or impractical, faux shrubs (subject
to Planning Department review) may be installed to conceal antenna arrays.
g. All coaxial cables that connect the antennas to their accompanying
communications equipment cabinet shall be underground.
h. The height from the base of the antenna shall not exceed 15 feet.
6. Monotree Antenna
a. Monobroadleaf Antenna
1) A monobroadleaf antenna shall be designed for a minimum of two
carriers if feasible.
2) The monobroadleaf structure shall exhibit a sufficient branch count to
conceal all antennas.
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) The height of branches shall exceed all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage shall reflect varying colored "leaves" to mimic a real
broad leaf tree. The foliage shall be extruded in these colors instead of
painted. A sample branch with foliage must be submitted for City
approval prior to fabrication.
8) A custom-colored sample of bark cladding must be submitted for City
approval prior to fabrication.
9) Leafed antenna socks that match the approved foliage color must
cover all antennas.
Ordinance No. 16-1012
Page 21 of 32
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts must be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the structure base.
12) The maximum monobroadleaf structure height is 40 feet.
b. Monopalm Antenna
1) The structure shall be designed for a minimum of two carriers if
feasible.
2) The monopalm structure shall exhibit sufficient palm fronds to simulate
a natural palm tree.
3) The antenna shall be concealed within the growth pod and/or the
monopalm trunk. The top of the faux tree's palm fronds shall extend a
minimum of 5 feet above the top of the antenna.
4) Frond foliage color shall vary in olive green shades to simulate palm
tree colors. A sample palm frond shall be submitted for City approval
prior to fabrication.
5) A custom-colored sample of bark cladding shall be submitted for City
approval prior to fabrication.
6) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the base of the structure.
7) The maximum monopalm structure height (tower portion) shall be 40
feet.
c. Monopine Antenna
1) Monopine antennas shall be designed for a minimum of two carriers.
2) Monopine antennas shall have a minimum of 3.1 branches per foot for
full-density coverage, limiting spacing between the branches. Seventy
percent of the branches shall be 8 feet or longer.
Ordinance No. 16-1012
Page 22 of 32
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) Branches shall extend beyond all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage must be multicolored with greens and browns, matching
those of a natural pine tree. The foliage must be extruded (made from
plastic) in these colors instead of painted. A sample shall be submitted
for City approval prior to fabrication.
8) A bark cladding sample with custom color shall be submitted for City
approval prior to fabrication.
9) Pine needle antenna socks that match the approved foliage colors
shall cover all antennas.
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts shall be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) Coaxial cables shall access the structure through the base.
12) The maximum monopine height is 40 feet.
9. Monopole Antenna
a. Not allowed, except as slim-line monopoles.
b. New antenna collocation on existing monopoles requires the approval of a
new conditional use permit.
10. Satellite Earth Station Antenna
a. The following satellite earth station antennas of 1 meter or less in diameter
are permitted as an accessory use in all zone districts and may be installed
without a zone clearance or building permit.
1) An antenna that satisfies all of the following criteria:
Ordinance No. 16-1012
Page 23 of 32
• Is used to receive direct broadcast satellite service, including direct-
to-home satellite service, or to receive or transmit fixed wireless
signals via satellite.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
2) An antenna that satisfies all of the following criteria:
• Is used to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint
distribution services, or to receive or transmit fixed wireless signals
other than via satellite.
• Is 1 meter or less in diameter or diagonal measurement.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
3) An antenna that satisfies both of the following criteria:
• Is used to receive television broadcast signals.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the
applicable height limit of the applicable zone district.
4) For purposes of this Section, the term "fixed wireless signals" means
any commercial non-broadcast communications signals transmitted via
wireless technology to and/or from a fixed customer location. This term
does not include, among other things, AM radio, FM radio, amateur
(ham) radio, or citizens band (CB) radio.
b. A satellite earth station antenna between 1 and 2 meters in diameter that
satisfies the criteria set forth below is permitted as an accessory use,
Ordinance No. 16-1012
Page 25 of 32
a. Antennas and cables shall be mounted inside the structures. Radomes
exceeding an 18-inch diameter shall not be allowed. Overall monopole
height shall not exceed 55 feet.
b. The structures' coloring shall be light grey, olive green, light blue, or another
appropriate color to blend with the antennas' predominant background, as
determined through the Conditional Use Permit process.
12. Stealth Installation Antenna
a. Faux Chimney Antenna
1) Faux chimney antennas may be allowed, depending on the extent of the
site application's integration with the existing building's architecture.
2) The number, height, width, and depth of the antennas must balance with
the existing structure's bulk and scale.
3) The antenna must not exceed 10 feet above the maximum roof height
for all level-roofed buildings and must not exceed the maximum roof
height of a peak-roofed building.
b. Rooftop Screen Wall Antenna
1) Antennas must not exceed 10 feet above the maximum roof height for
level-roofed buildings.
2) Walls must be set back at least 3 feet from the roof's edge.
3) Walls are required to match or complement the building fa<;:ade's color
and texture.
c. Steeple Antenna
1) Antennas mounted inside existing steeples can utilize the full space.
2) Antennas must match the existing structure's color and texture and be
fully screened.
3) Any modification to the steeple's outward appearance must be
integrated with the overall structural design.
Ordinance No. 16-1012
Page 26 of 32
4) New steeple construction on an existing structure must be consistent
with the current architectural design and be no more 45 feet in height as
measured from the existing grade to the top of the steeple.
d. Clock Tower
1) A clock tower installation must be appropriate for the location and must
be designed for a minimum of two carriers.
2) The installation is allowed, up to 45 feet in height, depending on the
surrounding environment.
3) The design must be consistent with the environmental and built setting
in which it is located.
4) In most case, use of clock tower stealth antenna shall be limited to
institutional sites and commercial projects greater than two acres in size
where the clock tower is architecturally consistent with the design of the
development and the location onsite appears to have been considered
with the original development's site plan.
13. Water Tank Antenna
a. Fac;:ade-mounted antennas on a water tank structure shall not extend above
the top of the tank.
b. Antennas and coaxial cables shall be painted to match the color of the
structure.
14. Whip Antenna
a. Whip antenna 18 inches or less in length are allowable on any structure in
any zone.
b. Antennas up to 60 inches in length are allowable on any commercial or
industrial building provided that the antenna does not exceed the roofline
by more than 10 feet.
c. A whip antenna's base must be set back from the roof's edge by a distance
equal to its height.
E. Equipment Location and Screening Systems: All equipment installation types
require all coaxial, telephone, and electric cables/wires to be concealed.
Ordinance No. 16-1012
Page 27 of 32
1. Equipment Vault: Belowground equipment vaults are encouraged for all
wireless installations at park facilities, parking lots, and wireless facilities in the
public right-of-way.
2. Tenant Improvement: Tenant improvement is encouraged for all wireless
installations on existing buildings, where sufficient space is available within the
building's interior. If sufficient space is not available within the existing building
structure, equipment room additions are allowed subject to standard
building/zoning codes. Equipment room addition design is required to be
consistent with the existing building's architecture and must be effectively
mitigated with the required landscape setbacks.
3. Prefabricated Equipment Shelter
a. These shelters are discouraged for most wireless installation applications.
b. Prefabricated equipment shelters can be utilized in commercial areas where
the shelter is not visible to any public view.
4. Site-Constructed Equipment Shelter: These shelters are encouraged, provided
they are architecturally integrated into the surrounding environment. The height
of the equipment shelter must not exceed that which is consistent with the
adjacent building. Air conditioning condensing units (A/C units) must be located
on the ground adjacent to the structure or mounted on the roof. A/C units must
be fully screened and must not exceed any applicable noise ordinances.
Landscape standards also apply.
5. Outdoor Communications Equipment Cabinet: These cabinets must be located
within equipment enclosures (except communications equipment in the public
right-of-way), with sufficiently high walls that completely conceal the equipment
cabinets from public view. Equipment enclosures must have lattice-type
covering to prevent unauthorized access. All City screening and mitigation
requirements also apply.
6. Rooftop Equipment Platform:
a. These platforms must be fully screened and, if possible, integrated with a
rooftop antenna installation. Equipment screening height must not exceed
10 feet above the maximum roof height of level-roofed buildings; others are
subject to staff review.
Ordinance No. 16-1012
Page 29 of 32
G. City Use of Consultants: The Director may require the applicant to provide an
authorization to permit the City to hire an independent, qualified consultant to
evaluate any technical aspect of the proposed use, including issues involving radio
frequency emissions, alternative designs, and alternative sites. Any authorization
for this purpose shall include an agreement by the applicant to reimburse the City
for all reasonable costs associated with the consultation. Any proprietary
information disclosed to the City or the consultant is deemed not to be a public
record and shall remain confidential and not to be disclosed to any third party
without the express consent of the applicant, unless otherwise required by law.
H. Enforcement: The City may withhold the issuance of business licenses, building
permits, grading permits, certificates of occupancy, and other land use
entitlements and may issue stop work orders for a WCF project failing to comply
with the provisions of this Article. If any improvements authorized by this Article
are either rendered unusable or discontinued, the property owner and tenant may
be subject to enforcement procedures in compliance with Municipal Code Title 4
(Law Enforcement).
I. Radio Frequency Emissions Compliance: Upon installation of the facility, the
applicant shall demonstrate that the project will not result in levels of radio
frequency emissions that exceed Federal Communications Commission
standards, including FCC Office of Engineering Technology (OET) Bulletin 65,
Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director
determines the wireless telecommunications facility, as constructed, may emit
radio frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the Director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. The cost of any such testing and mitigation shall be borne
by the applicant. Applications for amateur radio antennas or antennas installed for
home entertainment purposes are exempt from this requirement
J. Collocation: The collocation of antennas on a single support structure is
encouraged. This includes collocation with other wireless telecommunications
antenna facilities including those of public and quasi-public agencies using similar
technology unless specific technical constraints preclude collocation.
Ordinance No. 16-1012
Page 30 of 32
1. Wireless Facilities and Wireless Transmission Devices: No person may place,
affix, attach, mount, construct, erect, install, develop, use, operate and
maintain, or modify a wireless facility, wireless transmission device, support
structure and/or accessory equipment within the City without a conditional use
permit approved by the Planning Commission, or the City Council in the course
of an appeal, following a noticed public hearing on the matter. Notwithstanding
the foregoing, administrative collocation may be allowed as approved in
subsection C. of this Section.
2. Collocation -General: No person may collocate a wireless facility or wireless
transmission device, including related accessory equipment, without meeting
the requirements of subsection C of this Ordinance. Notwithstanding the
foregoing, administrative collocation is allowed as approved in the following
manner.
3. Administrative Collocation: If, following the submission of a completed
application form and all required materials, the Community Development
Director determines that a proposed collocation qualifies as an "administrative
collocation" as defined herein, such proposal shall not require a conditional use
permit but shall be approved by the Community Development Director through
the issuance of a zoning clearance permit. The foregoing notwithstanding, an
administrative collocation approval shall be subordinate and subject to the
conditions of approval associated with the wireless telecommunications
collocation facility to which it relates and administrative collocation shall not
defeat the existing concealment elements of the facility to which it relates or
otherwise violate or be inconsistent with the conditions associated with the prior
approval of the facility to which it relates (unless the inconsistency does not
exceed the "substantial change" thresholds identified in Federal
Communications Commission regulations or orders). Also, the life of a zoning
clearance approval may not exceed the life of the underlying conditional use
permit or other underlying discretionary authorization corresponding to the
wireless telecommunications collocation facility upon which the proposed
wireless transmission device and corresponding accessory equipment will be
placed or installed.
K. Justification Study: The applicant shall submit a justification study indicating the
rationale for selecting the proposed use, a detailed explanation of the coverage
gap that the proposed use would serve, and how the proposed use is the least
intrusive means for the applicant to provide wireless service.
L. Public Rights of Way and Publicly Owned Property: See Title 6, Chapter 4, Article
A (6-4A) for regulations on telecommunications facilities and wireless
telecommunications facilities in public rights of way.
Ordinance No. 16-1012
Page 31 of 32
M. Update of Wireless Communications Facility Ordinance: As the wireless industry
and its services evolve, its equipment will change as well. The WCF Ordinance will
need periodic updates to incorporate the wireless industry's changing environment
and the progress made toward "stealthing" antennas and equipment.
SECTION 4. Environmental Review. The City Council hereby makes a finding
of adequacy with the Negative Declaration and hereby adopts the Negative Declaration,
as the environmental clearance for the proposed municipal code amendment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date and Duration. This ordinance shall become effective
30 days from and after the date of its final passage.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to
be posted or published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 19th day of January, 2016.
_______________ ,Mayor
ATTEST:
Peggy Kuo, City Clerk
Ordinance No. 16-1012
Page 32 of 32
APPROVED AS TO FORM
Eric S. Vail, City Attorney
ATTACHMENT C m
NEGATIVE DECLARATION AND INITIAL STUDY.
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAl CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,
but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
--potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION
pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed
project, nothing further is required.
Date: 11/17/2015
EARLIER ANALYZES
NONE
PAGE 4 OF 28
Signature: ______________________ _
Scott Reimers, Planning Manager
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
EVALUATION OF ENVIRONMENTAL IMPACTS
AESTHETICS
Would the project
Environmental Factors
1. Have a substantial adverse effect on a scenic
vista?
2. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings and historic buildings within a
state scenic highway?
3. Substantially degrade the existing visual
character or quality of the site and its
surroundings?
4. Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
The draft ordinance's development standards for telecommunications facilities relating to scenic impacts
will mitigate such impacts related to future site-specific facilities that it regulates. Such draft ordinance
conditions include requirements for height limits, camouflaging, and setbacks from potentially sensitive
uses. No site specific project is being proposed in connection with this ordinance. The adopted general plan
does not identify any state scenic highways within the city. Additionally, since approval of the project does
not involve a particular location there are no significant trees, rock outcroppings, historic buildings or other
significant scenic resources that would be impacted. Therefore, no scenic resources would be damaged by
the implementation of the proposed project and no significant impacts would occur, and no mitigation
measures would be required. The proposed project will not degrade the existing visual character or quality
of a particular site. No site specific project is being proposed in connection with this ordinance; therefore,
the visual character of the site and the surrounding area would not be significantly affected by the proposed
project, and no mitigation measures would be required.
PAGE 5 OF 28
C!TY OF TEMPLE CITY PLANNING D!V!S!ON
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
AGRICULTURAL RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may
refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the
project:
Environmental Factors
1. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring
Program of the California Resources Agency, to
non-agricultural use?
2. Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
3. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
The proposed project will not result in the conversion of existing agricultural land to urban uses. The city-
wide project area is located in an urban setting and does not contain any agricultural resources as defined
by the state farmland mapping and monitoring program. The city-wide project site does not have a land
use or implementing zoning designation for agricultural use, and therefore would not conflict with existing
zoning for agricultural use or a Williamson Act contract. The proposed project would not require any
changes to the existing environment which would result in the conversion of farmland to non-agricultural
uses. Therefore, no significant impacts on existing agricultural resources would occur from implementation
of the project, and no mitigation measures are necessary.
PAGE 6 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 1S-44
TUESDAY, NOVEMBER 17, 2015
AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air pollution
control district may be relied upon to make the following determinations. Would the project:
Environmental Factors
1. Conflict with or obstruct implementation of the
applicable air quality plan?
2. Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
3. Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
4. Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions that
exceed quantitative thresholds for ozone
precursors)?
5. Expose sensitive receptors to substantial
pollutant concentrations?
6. Create objectionable odors affecting a
substantial number of people?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
Dust, both small diameter respirable matter (pm10) and larger, heavier particulates, is normally the primary
concern during new construction. Because such emissions are not amenable to collection and discharge
through a controlled source, they are called "fugitive emissions" or fugitive dust."
The applicable air quality management plan for the entire City of Temple City is the 2012 Air Quality
Management Plan (AQMP) prepared by the South Coast Air Quality Management District (SCAQMD). CEQA
requires that projects be consistent with the AQMP. The AQMP provides standards of concentration for
seven (7) air pollutants: ozone, carbon dioxide, nitrogen dioxide, sulfur dioxide, suspended particulate
matter, sulfates, lead, as well as visibility-reducing particles.
PAGE 7 OF 28
CITY OF TEMPLE CITY PLANNING D!VIS!ON
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
wetlands would be impacted by approval of the proposed project. The project site is not considered a
migratory wildlife corridor due to the existing surrounding urban development.
Approval of the project does not involve development of a particular site or changes to an established
policy that would allow for the degradation of any significant biological resource. No adopted habitat
conservation plan, natural community conservation plan, or other approved habitat conservation plan
would be affected by approval of this project, and therefore no mitigation measures would be required.
CULTURAL RESOURCES
Would the project:
Environmental Factors
1. Cause a substantial adverse change in the
significance of a historical resource as defined
in § 15064.5?
2. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to§ 15064.5?
3. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
4. Disturb any human remains, including those
interred outside of formal cemeteries?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
The project involves regulatory changes to the City's Zoning Ordinance regarding development standards
for telecommunications facilities, and no particular development is associated with its adoption. Therefore,
the proposed project would not cause an adverse change to any historic properties potentially eligible for
inclusion on the National Register of Historic Places, the California Register of Historic Places, or the
California Historic Landmarks, and therefore no mitigation measures would be required.
The project involves regulatory changes to the City's Zoning Ordinance regarding development standards
for telecommunications facilities, and no particular development is associated with its adoptions. Therefore,
the project would not have any significant cultural resource impacts and no mitigation measures would be
required.
PAGE 10 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17,2015
The project does not involve any construction activity. Therefore implementation of the project would not
impact any paleontological resource, site or unique geological feature and would not impact any human
remains and no mitigation measures would be required.
GEOLOGY & SOILS
Would the project:
Environmental Factors
1. Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
2. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
3. Strong seismic ground shaking?
4. Seismic-related ground failure, including
liquefaction?
5. Landslides?
6. Result in substantial soil erosion or the loss of
topsoil?
7. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
8. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
PAGE 11 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
X
X
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 1S-44
TUESDAY, NOVEMBER 17, 2015
Compliance with the General Construction Activities Storm Water Permit and development of and
adherence to best management practices will ensure that no substantial erosion will occur during grading
and compaction of a project site. However, the proposed project does not involve any construction activity
or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have
an impact regarding a geological unit or soils, and no mitigation measures would be required.
GREEN HOUSE GAS EMISSIONS
Would the project:
Environmental Factors
1. Generate greenhouse gas em1ss1ons, either
directly or indirectly, that may have a
significant impact on the environment?
2. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
There are two general sources of greenhouse gas emissions-stationary or point and mobile or non-point
emissions. The proposed regulations will not result in stationary uses that generate greenhouse gas emissions.
Additionally, these uses are unmanned and therefore do not generate vehicle trips (the main source of non-point
emissions). The only expected greenhouse gas emissions relates to the construction of such telecommunications
facilities; these emissions are less than significant.
The project does not involve any specific development which would produce any significant level of
greenhouse gas emissions. Therefore, no significant impacts would occur and no mitigation measures would be
required.
PAGE 13 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Environmental Factors
1. Create a significant hazard to the public or the
environment through the routine transport,
use or disposal of hazardous materials?
2. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
3. Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances or
waste within one-quarter mile of an existing or
proposed school?
4. Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code section 65962.5 and, as a
result, would it create a significant hazard to
the public or the environment?
5. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
6. For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
7. Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
PAGE 14 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
X
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
Environmental Factors
8. Expose people or structures to a significant risk
of loss, injury or death involving wildfires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
The proposed project would not involve the routine transport, use or disposal of any significant quantities
of hazardous materials. No hazardous emissions will be associated with the proposed project. The project
proposal is not site specific. Therefore, project implementation would not create a significant hazard to the
public or the environment. The proposed project regulatory changes would not result in any safety hazards
to people residing or working in community. Therefore, no significant impacts would result from the
proposed project. The proposed project would not involve any uses that would interfere with the city's
emergency operations plan or with any major emergency evacuation routes out of the area. Approval of
the proposed project would not expose people or structures to a significant risk or loss, injury or death
involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are
intermixed with wildlands. No significant impacts to the public or the environment would result from the
proposed project 1 and no mitigation measures are required.
HYDROLOGY & WATER QUALITY
Would the project:
Environmental Factors
1. During project construction, will it create or
contribute runoff water that would violate any
water quality standards or waste discharge
requirements, including the terms of the City's
municipal separate stormwater sewer system
permit?
PAGE 15 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
C!TV OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
Environmental Factors
2. After the project is completed, will it create or
contribute runoff water that would violate any
water quality standards or waste discharge
requirements, including the terms of the City's
municipal separate stormwater sewer system
permit?
3. Provide substantial additional sources of
polluted runoff from delivery areas; loading
docks; other areas where materials are stored,
vehicles or equipment are fueled or
maintained, waste is handled, or hazardous
materials are handled or delivered; other
outdoor work areas; or other sources?
4. Discharge stormwater so that one or more
beneficial uses of receiving waters are
adversely affected?
5. Violate any other water quality standards or
waste discharge requirements?
6. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to
a level which would not support existing land
uses or planned uses for which permits have
been granted)?
7. Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in
a manner which would result in substantial
erosion or siltation on-or off-site?
8. Significantly increase erosion, either on or off-
site?
PAGE 16 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
X
CITY OF TEMPLE CITY PLANNING DIVISION
El<jVIRONMENTAL CHECKLIST FOR FILE 1S-44
TUESDAY, NOVEMBER 17, 201S
Environmental Factors
9. Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of
surface runoff in a manner that would result in
flooding on-or off-site?
10. Create or contribute runoff water that would
exceed the capacity of existing or planned
storm water drainage systems?
11. Otherwise substantially degrade water quality?
12. Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
13. Place within a 100-year flood hazard area
structures that would impede or redirect flood
flows?
14. Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
15. Expose people or structures to inundation by
seiche, tsunami or mudflow?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
X
In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was
amended to provide that the discharge of pollutants to waters of the United States from any point source
is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System
(NPDES) permit. The 1987 amendments to the CWA added section 402(p), which establishes a framework
for regulating municipal and industrial storm water discharges under the NPDES program. On November
16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm
water permit application requirements for specified categories of industries. The regulations provide that
discharges of storm water to waters of the United States from construction projects that encompass five or
more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with the
NPDES permit.
PAGE 17 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
The proposed project would not be subject to the NPDES program, because the project t does not involve
any construction activity. Therefore, the proposed project would not violate any water quality standards or
waste discharge requirements.
Additionally, the proposed project will not contribute to withdrawals from an existing ground water supply.
Because there is no site specific development associated with this project, no changes to any established
drainage pattern would occur upon implementation. Therefore, no significant impacts with regard to
drainage would result from project approval, and no mitigation measures would be required.
Because there is no site-specific construction with regard to this project, there is no potential for the increase
in stormwater runoff at any particular location. Any subsequent development would be appropriately
analyzed for compliance with any state and local stormwater management programs. Therefore, no
significant impact would result from approval of this project, and no mitigation measures would be required.
Any subsequent development would be required to comply with city permit requirements to ensure that
there will be no violation of water quality or waste discharge requirements. The project does not involve
any housing development. Therefore, no significant impacts would occur and no mitigation measures would
be required.
No site-specific construction activity will take place with approval of this project. Any subsequent
development would be required to comply with city permit requirements to ensure soil stability and
flooding. Therefore, no significant impacts would occur as a result of the project, and no mitigation
measures would be required.
LAND USE & PLANNING
Would the project:
Environmental Factors
1. Physically divide an established community?
2. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
PAGE 18 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
CITY OF TEMPLE CITY PLANNING D!VIS!ON
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
Environmental Factors
3. Conflict with any
conservation plan or
conservation plan?
applicable habitat
natural community
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
less than
Significant
Impact No Impact
X
The proposed project does not involve changes that would physically divide the established community or
degrade the existing land use pattern.
The proposed project will not conflict with any applicable land use plan, policy, or regulation of any agency
with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Costal
Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect.
The action proposed with the project is consistent with the Temple City General Plan as it establishes design
and location requirements for telecommunications facilities. Any such facilities developed under the
proposed ordinance would still be required to comply with all applicable zoning and land use regulations
already in place. Therefore, implementation of the project would not result in a significant impact and no
mitigation measures would be required.
The proposed regulatory change is not site specific and would not conflict with any applicable habitat
conservation plan or natural community conservation plan area. Therefore, no impact would result from
implementation of the project and no mitigation measures would be required.
MINERAL RESOURCES
Would the project:
Environmental Factors
1. Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
2. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
PAGE 19 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17,2015
EXPLANATION OF ENVIRONMENTAL IMPACTS
No mineral deposits of statewide or regional importance exist within the City. Therefore, no significant
impacts would occur and no mitigation measures would be required.
NOISE
Would the project result in:
Environmental Factors
1. Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
2. Exposure of persons to
excessive groundborne
ground borne noise levels?
or generation of
vibration or
3. A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
4. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
5. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project area
to excessive noise levels?
6. For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
PAGE 20 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
C!TY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
The proposed project does not involve demolition or dislocation of any structures. Therefore, no significant
impacts would occur and no mitigation measures would be required.
PUBLIC SERVICES
Would the project:
Environmental Factors
1. Result in substantial adverse physical impacts
associated with the provision of new or
physically altered governmental facilities, need
for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any
of the public services:
A Fire protection?
B. Police protection?
C. Schools?
D. Parks?
E. Other public facilities?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
No development is associated with approval of this project. Therefore, no impacts with regard to the
provision of new or physically altered government facilities would occur.
No development is associated with approval of this project. Therefore, no impacts with regard to the
provision of fire protection services, police services, school facilities, existing park services or the provision
of new park facilities would occur. No impacts to other public facilities have been identified. Refer to the
"Utilities and Service Systems" section for a discussion on utilities and service systems.
PAGE 22 OF 28
CITY OF TEMPlE CITY PlANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
RECREATION
Would the project:
Environmental Factors
1. Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
2. Does the project include recreational facilities
or require the construction or expansion of
recreational facilities that have an adverse
physical effect on the environment?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
The proposed project will have no direct effect on existing recreational facilities. No increases in the demand
for such facilities will occur as a result of this project. Therefore, no significant impacts would occur and no
mitigation measures would be required.
The proposed project does not include, nor require, the construction or expansion of recreational facilities.
Existing recreational opportunities will not be affected by implementation of the project. Therefore, no
significant impacts would occur and no mitigation measures are required.
TRANSPORTATION/TRAFFIC
Would the project:
Environmental Factors
1. Cause an increase in traffic that is substantial in
relation to the existing traffic load and capacity
of the street system (i.e., result in a substantial
increase in either the number of vehicle trips,
the volume to capacity ratio on roads, or
congestion at intersections)?
PAGE 23 OF 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
Environmental Factors
2. Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
3. Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
4. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
5. Result in inadequate emergency access?
6. Result in inadequate parking capacity?
7. Conflict with adopted policies, plans, or
programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
X
X
There is no specific development associated with approval of this project. Therefore, implementation of the
proposed project would not result in a significant traffic impact and no mitigation measures would be
required.
The project does not propose any use that would cause any changes, individually or cumulatively, to the
level of service standards established by the county congestion management agency for designated roads
or highways. Therefore, no significant impacts would occur and no mitigation measures would be required.
The project does not propose any use which could cause any changes to air traffic patterns or a change in
location that results in substantial safety risks. The project does not involve any specific development or
regulatory change that would create hazards for a subsequent development proposal. Therefore, no
significant impacts would occur and no mitigation measures would be required.
The project does not involve any specific development or regulatory change that would impact emergency
access to a particular site. The project does not involve any specific development or regulatory change that
PAGE 24 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE lS-44
TUESDAY, NOVEMBER 17, 201S
would create inadequate parking capacities for a subsequent development proposal. Therefore, no
significant impacts would occur and no mitigation measures would be required.
Because the project involves the establishment of development standards for telecommunication facilities,
implementation of the project would not conflict with any alternative transportation policies, programs and
plans. Therefore, no significant impacts would occur and no mitigation measures would be required.
UTILITIES AND SERVICE SYSTEMS
Would the project:
Environmental Factors
1. Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
2. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant environmental
effects?
3. Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
4. Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed? In making this
determination, the City shall consider whether
the project is subject to the water supply
assessment requirements of Water Code
Section 10910, et. Seq. (SB 610), and the
requirements of Government Code Section
664737 (SB 221).
PAGE 25 Of 28
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
X
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST fOR fiLE lS-44
TUESDAY, NOVEMBER 17, 201S
Environmental Factors
5. Result in a determination by the wastewater
treatment provider, which serves or may serve
the project, that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
6. Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs?
7. Comply with federal, state, and local statutes
and regulations related to solid waste?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
less than
Significant
Impact No Impact
X
X
X
No specific development will directly result from approval of this project. However, wastewater treatment
and adequate sewer infrastructure is in place to serve the City. Therefore, no significant impacts would occur
and no mitigation measures would be required.
No development will directly result from approval of this project. However, because the city is largely
developed, mainline water and sewer infrastructure is in place. Connections to the mainline water and sewer
will be required for any subsequent development. Therefore no significant impacts would occur and no
mitigation measures would be required.
No construction activity will directly result from approval of this project. However, because the city is
primarily built-out, storm water drainage facilities are in place, and any subsequent development would
require on-site facilities to convey storm water flows to the are drainage facilities in accordance with city
regulations. Therefore, no significant impacts would occur and no mitigation measures would be required.
All local, state, and federal guidelines regarding solid waste will not be impacted as a result of approval of
this project. Therefore, no significant impacts would occur and no mitigation measures would be required.
PAGE 26 OF 28
CITY OF TEMPLE CITY PLANNING DIVISION
ENVIRONMENTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17, 2015
MANDATORY FINDINGS OF SIGNIFICANCE
Environmental Factors
1. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat or a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
2. Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of
probable future projects.)
3. Does the project have environmental effects
that will cause substantial adverse effects on
human beings, either directly or indirectly?
Potentially
Significant
Impact
EXPLANATION OF ENVIRONMENTAL IMPACTS
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
X
X
X
Based on the preceding analysis, the proposed project does not have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples
of the major periods of California history or prehistory.
The project will not have a cumulatively considerable impact on the environment, as approval of the project
only establishes development standards telecommunication facilities. The development standards remain
consistent with goals and policies of the land use element within the general plan. Therefore no significant
impacts have been identified, and no mitigation measures are required.
PAGE 27 OF 28
CITY OF TEMPLE CITY PLANNING D!V!S!ON
Ei'JVIRONMEi'JTAL CHECKLIST FOR FILE 15-44
TUESDAY, NOVEMBER 17,2015
Based on the preceding analysis, the proposed project does not have the potential to cause substantial
adverse effects on human beings, Therefore no significant impacts have been identified and no mitigation
measures are required.
PAGE 28 OF 28