PC R 24-2405RESOLUTION NO. 24-2405
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 24-002
REGARDING WIRELESS TELECOMMUNICATIONS
FACILITIES
WHEREAS, on November 27, 2001, the City Council adopted Resolution No. 3569
approving the Telecommunication Facilities Siting and Permit Submittal Requirements;
and
WHEREAS, on April 25, 2017, the City Council adopted Resolution No. 4791 and
amended the Telecommunication Facilities Siting and Permit Submittal Requirements;
and
WHEREAS, wireless telecommunication technology has changed rapidly since the
adoption of Resolution No. 4791, including the introduction of 5G technology, and
WHEREAS, the review of applications for wireless telecommunications facilities is
subject to multiple federal and state laws and regulations, including, but not limited to, 47
U.S.C. § 332(c)(7); 47 U.S.C. § 253(c); 47 U.S.C. § 1455(a); 47 C.F.R. § 1.6100;
California Government Code §§ 65850.6, 65964, and 65964.1; California Public Utilities
Code §§ 7901 and 7901.1; California Public Resources Code § 20000, et seq., 14
California Code of Regulations § 15000, et seq., and numerous orders and actions by the
Federal Communications Commission, and
WHEREAS, in order to stay abreast of recent changes to a number of these federal
and state laws, it is necessary to adopt amendments to the Arroyo Grande Municipal
Code; and
WHEREAS, on September 17, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the staff report, recommendations by staff, and public
testimony concerning the ordinance. Following the public hearing, the Planning
Commission voted to continue the public hearing to a date uncertain, and
WHEREAS, on October 15, 2024, the Planning Commission resumed the
consideration of the ordinance at a duly noticed public hearing. Following the public
hearing, the Planning Commission voted to forward the ordinance to the City Council with
a recommendation in favor of its adoption; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby recommends the City Council adopt Ordinance No. _ approving
Development Code Amendment 24-002 amending Title 16 of the Arroyo Grande Municipal
Code as attached hereto as Exhibit "A-1" and incorporated herein by this reference and
rescind City Council Resolution No. 4791.
On motion by Commissioner Sackrison, seconded by Commissioner Berlin, and by the
following roll call vote, to wit:
AYES: Sackrison, Berlin, Maraviglia, Buchanan, Roof \
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 15th day of October, 2024.
JAMIE MARAVIf3LIA
CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
d2/
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT A-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING VARIOUS PROVISIONS
OF AND ADDING CHAPTER 16.70 TO THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO WIRELESS
TELECOMMUNICATIONS FACILITIES AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 27, 2001 the City Council adopted Resolution No. 3569
approving the Telecommunication Facilities Siting and Permit Submittal. Requirements;
and
WHEREAS, on April 25, 2017, the City Council adopted Resolution No. 4791 and
amended the Telecommunication Facilities Siting and Permit Submittal Requirements;
and
WHEREAS, wireless telecommunication technology has changed rapidly since the
adoption of Resolution No. 4791, including the introduction of 5G technology; and
WHEREAS, the review of applications for wireless telecommunications facilities is
subject to multiple federal and state laws and regulations, including, but not limited to, 47
U.S.C. § 332(c)(7); 47 U.S.C. § 253(c); 47 U.S.C. § 1455(a); 47 C.F.R. § 1.6100;
California Government Code §§ 65850.6, 65964, and 65964.1; California Public Utilities
Code §§ 7901 and 7901.1; California Public Resources Code § 20000, et seq., 14
California Code of Regulations § 15000, et seq., and numerous orders and actions by the
Federal Communications Commission, and
WHEREAS, in order to stay abreast of recent changes to a number of these federal
and state laws, it is necessary to adopt amendments to the Arroyo Grande Municipal
Code; and
WHEREAS, on September 17, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the staff report, recommendations by staff, and public
testimony concerning the ordinance. Following the public hearing, the Planning
Commission voted to continue the public hearing to a date uncertain, and
WHEREAS, on October 15, 2024, the Planning Commission resumed the
consideration of the ordinance at a duly noticed public hearing. Following the public
hearing, the Planning Commission voted to forward the ordinance to the City Council with
a recommendation in favor of its adoption; and
WHEREAS, on ,, 2024, the City Council conducted a duly noticed public
hearing to consider the ordinance, including: (1) the public testimony and agenda reports
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and .recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly
scheduled public meeting on , 2024 introduced this Ordinance to add Section
16.70 to, and amend various .provisions of, Title 16 of the Arroyo Grande Municipal Code
relating to wireless telecommunication facilities; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION .' Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this Ordinance is not a
"project" subject to the California Environmental Quality Act ("CEQA"), because it has no
potential to result in a direct or indirect physical change in the environment. The
Ordinance does not authorize any specific development or installation on any specific
piece of property within the City's boundaries.. Moreover, when and if an application for
installation is submitted, the City will at that time conduct preliminary review of the
application in accordance with CEQA. Alternatively, even if the Ordinance is a "project"
within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt
from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it
can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is
because approval of the Ordinance will not result in the actual installation of any facilities
in the City. In order to install a facility in accordance with this Ordinance, the wireless
provider would have to submit an application for installation of the wireless facility, and
the City would conduct preliminary review under CEQA at that time. Alternatively, the
Ordinance is categorically exempt from CEQA under State CEQA Guidelines sections
15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new
construction or conversion of small structures), and/or 15304 (minor alterations to land).
Notably, the wireless facilities regulated by the Ordinance typically have small footprints,
and there are no unusual circumstances that apply to the Ordinance or the wireless
facilities that it regulates. Moreover, the eligible facilities requests ("EFRs") regulated by
the Ordinance are not subject to CEQA because the City does not have discretion to deny
EFRs under federal law. For all of the foregoing reasons, the Ordinance is not subject to
CEQA.
SECTION 3. Required Findings. In accordance with section 16.16.0.40(E) of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance's amendments to the AGMC are consistent
with the General Plan and it is necessary and desirable to implement the provisions
thereof. Specifically, policies in the Land Use Element encourage the maintenance and
expansion of utilities, including wireless telecommunication facilities to support
community needs. The Land Use Element also includes policies to maintain town
character through community design guidelines which encourage design standards to
screen and obscure mechanical facilities, structures, and features. The General Plan's
Housing Element discusses, in section 4.4, the need to improve and augment
infrastructure resources like telecommunication facilities that allow ease of
communication among the City's residents. For these reasons, the ordinance's
amendments to the AGMC are consistent with the General Plan and it is necessary and
desirable to implement the provisions thereof.
2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as it establishes
standards for the siting, design, and regulation of wireless telecommunication facilities in
the least intrusive means possible while remaining within the confines of state and federal
law. These changes implement state and federal requirements relating to wireless
telecommunication facilities and measures have been taken to establish preferred
locations for wireless telecommunications facilities and imposes reasonable and objective
aesthetic regulations. With respect to public safety, facilities must meet FCC radio
frequency emission standards in order to be approved.
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because it implements the goals, objectives, policies, and
programs of the general plan as discussed above, is intended to result in the orderly
development of wireless telecommunication facilities, uses federally approved safety
standards, achieves significant social and economic advantages by providing a means to
allow approval of telecommunication facilities, which is necessary to public safety to
facilitate communication among residents and visitors to the City, and it does not alter or
revise the type or intensity of allowed uses, ensuring that the provisions thereof are
consistent with the City's General Plan.
4. Environmental. The potential environmental impacts of the proposed
changes to this title are insignificant. See Section 2 above, which findings are adopted
into this section by reference. Additionally, it is an overriding consideration that these
changes are required by federal law, which outweighs any potential environmental
impacts.
SECTION 4. Code Amendment. Section 16.52.040 "Antennas and satellite
dishes" of Chapter 16.52 "Specific Use Development Standards" of Title 16 "Development
Code" is hereby deleted in its entirety.
SECTION 5. Code Amendment. Subsection 16.48.030(B)(5) of Section
16.48.030 ""Accessory structures" of Chapter 16.48 "General Development Standards" of
Title 16 "Development Code" is hereby amended to read as follows:
895. All Nonresidential Uses Except Public Buildings, Schools, Churches and
Hospitals. Flues, chimneys, elevators and other mechanical 'equipment, -spires, bell
towers, or similar architectural, utility, or mechanical features may exceed the height limit
by not more than fifteen (15) feet, provided such feature shall not be used for habitable
space and appropriate screening is provided, if necessary."
SECTION 6. Code Amendment. Subsection 16.48.030(B)(6) of Section
16.48.030 ""Accessory structures" of Chapter 16.48 "General Development Standards" of
Title 16 "Development Code" is hereby amended to read as follows:
"6. Public Buildings, Schools, Churches and Hospitals. Flues, chimneys,
elevators and other mechanical equipment, spires, bell towers, or similar architectural,
utility, or mechanical features may not exceed a height of fifty (50) feet measured from
the grade average finished ground level to the highest point of such a structure."
SECTION 7. Code Amendment. The definitions for "Antenna", "Satellite dish
antenna", "Small cell telecommunication facility", "Telecommunications facility", and
"Wireless telecommunication facility" of Section 16.04.070 "Definitions" of Chapter 16.04
"Introductory Provisions and Definitions" of Title 16 "Development Code" are hereby
deleted in their entirety and Section 16.04.070 shall be automatically adjusted
alphabetically.
SECTION 8. Code Amendment. Table 16.36.030(A) of Section 16.36.030
"Commercial and mixed use regulations" of Chapter 16.36 "Commercial and Mixed Use
Districts" of Title 16 "Development Code" is hereby amended to remove the rows for
"Small Cell Tele -communication facilities (commercial)" and "Tele -communication
facilities (commercial)" as shown in the attached Exhibit "A-2," and incorporated by
reference, and footnotes 4 and 5 shall be deleted in their entirety.
SECTION 9. Code Amendment. Table 16.44.040-A of Section 16.44.040
"Public/quasi-public (PF) district" of Chapter 16.44 "Special Districts" of Title 16
"Development Code" is hereby amended to remove the rows for "Small cell
telecommunication facilities (commercial)" and "Telecommunication facilities
(commercial)" as shown in the attached Exhibit "A-3," and incorporated by reference.
SECTION 10. Code Amendment. Chapter 16.70 "Wireless Telecommunications
Facilities" is hereby added to Title 16 "Development Code" as shown in the attached
Exhibit "A-4," and incorporated by reference.
SECTION 11. Revocation of City Council Resolution No. 4791. City
Council Resolution No. 4791 is hereby revoked and is of no further force and effect as of
the effective date of this ordinance.
SECTION 12. Publication. A summary of this ordinance shall be published
in a newspaper published and circulated in the City of Arroyo Grande at least five days
prior to the City Council meeting at which the proposed ordinance is to be adopted. A
certified copy of the full text of the proposed ordinance shall be posted in the office of the
City Clerk. Within 15 days after adoption of the ordinance, the summary with the names
of those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 13. Effective Date. This ordinance shall become effective 30
days after adoption.
SECTION 14. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 15. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council's findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and by
the foregoing Ordinance was adopted this day of , 2024.
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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Chapter 16.70
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
16.70.010 Purpose.
16.70.020 Definitions.
16.70.030 Exemptions.
16.70.040 Permits required.
16.70.050 Application submittal requirements.
16.70.060 Findings.
16.70.070 Design, development, and location standards.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
16.70.090 Standard conditions of approval.
16.70.100 Peer review.
16.70.110 Denial without prejudice due to failure to respond to notice(s) of
incompleteness.
16.70.120 Nonconforming facilities.
16.70.130 Revocation.
16.70.010 Purpose.
The purpose of this chapter is to establish comprehensive requirements and
development standards for antennas and wireless telecommunications facilities,
including on public and private property and in public rights -of way. These regulations
are intended to provide for the managed development of antennas and wireless
telecommunications facilities in a manner that recognizes and enhances the community
benefits of wireless telecommunications technology and reasonably accommodates the
needs of citizens and wireless telecommunications service providers in accordance with
federal and state rules and regulations. At the same time, these regulations are
intended to protect neighbors from potential adverse impacts of such facilities, including
but not limited to noise, traffic, aesthetic and other impacts over which the city has
purview, and to preserve the visual character of the established community through
appropriate design, siting, screening, maintenance, and location standards.
16.70.020 Definitions.
For the purpose of this chapter only, certain words and terms are hereby defined. Words
used in the singular shall be deemed to include the plural and the plural the singular;
and the word "shall" is mandatory and not discretionary. Reference to "facility" is
interchangeable with "wireless telecommunications facility," unless otherwise noted.
"Amateur radio antenna" means a ground, building, or tower -mounted- antenna,
or similar antenna structure, operated by a federally licensed amateur radio operator as
part of the Amateur Radio Service, and as designated by the Federal Communications
Commission (FCC).
"Antenna" means any system of wires, poles, rods, reflecting discs, or similar
devices used in wireless communications for the transmission or reception of
electromagnetic waves when such system is operated or operating from a fixed
location.
"Base station" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as
may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC -licensed or authorized
Wireless telecommunications between user equipment and a communications
network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)
or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless
telecommunications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including distributed
antenna systems and small-cell networks).
3. The term includes any structure other than a tower that, at the time the
relevant application is filed with the state or local government under this section,
supports or houses equipment described in subsections 1 and 2 of this definition
that has been reviewed and approved under the applicable zoning or siting
process, or under another state or local regulatory review process, even if the
structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant
application is filed with the state or local government under this section, does not
support or house equipment described in subsections 1 and 2 of this definition.
"Collocation" has the same meaning as defined by the FCC in 47 C.F.R. §
1.6002(g), as may be amended, which defines that term as.: (1) mounting or installing an
antenna facility on a preexisting structure; and/or (2) modifying a structure for the
purpose of mounting or installing an antenna facility on that structure. Notwithstanding
the foregoing, for eligible facilities requests only, "collocation" has the same meaning as
provided in.47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as .
"[t]he mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes."
"Community Development Director" means the Arroyo Grande Community
Development Director, or designee.
"Eligible facilities requests " has the same meaning as that term is defined in 47
C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request
for modification of an existing tower or base station that does not substantially change
the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new
transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement
of transmission equipment."
"Eligible support structure" has the same meaning as provided in 47 C.F.R. §
1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base
station as defined in this section, provided that it is existing at the time the relevant
application is filed with the state or local government under this section."
"Equipment cabinet" means an enclosure used to house multiple items of
equipment associated with a wireless telecommunications facility.
"Existing" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as
may be amended, which provides that "[a] constructed tower or base station is existing
for purposes of [the FCC's eligible facilities request regulations] if it has been reviewed
and approved under the applicable zoning or siting process, or under another state or
local regulatory review process, provided that a tower that has not been reviewed and
approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition."
"Federal Communications Commission" or "FCC" mean the Federal
Communications Commission or its lawful successor.
"Height' of a wireless telecommunications facility means the vertical distance
measured from the natural undisturbed ground surface below the center of the base of
said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or
appurtenance attached thereto. In the case of building -mounted facilities the height of
the facility includes the height of the portion of the building on which it is mounted. In the
case of crank -up or other similar towers whose height can be adjusted, the height of the
facility shall be the maximum height to which it is capable of being raised.
"Monopole" means a single freestanding pole, post, or similar nonlattice structure
used to support antennas and equipment associated with.a wireless
telecommunications facility.
"Personal wireless services" has the same meaning as provided in 47 U.S.C. §
332(c)(7)(C)(i), as may be amended, which defines the term as "commercial mobile
services, unlicensed wireless services, and common carrier wireless exchange access
services."
"Public property" is commonly used as a designation of those things which are
considered owned by "the public," the state or community, and not restricted to
dominion of a private person. It may also apply to any property owned by a state,
nation, or municipality. It does not include public right-of-way.
"Public right-of-way" means and includes all land or interest in land which by
deed, conveyance, agreement, easement, dedication, usage, or process of law is
reserved for or dedicated to the use of the general public for street or highway
purposes.
"Public safety facilities" means facilities used only for public safety functions and
owned or operated by governmental entities such as police, fire and emergency
operators.
"Equipment" means any and all equipment ancillary to the antenna used for
transmission and reception of radio frequency, electromagnetic, or other wireless
signals. Such equipment may include, but isnot limited to, RRUs, cable, conduit,
connectors, batteries, and generators.
"Roof -mounted" or "building -mounted" antenna means an antenna directly
attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building,
tank or similar structure other than a Tower.
"Site" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be
amended, which provides that "[f]or towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding the tower and any
access or utility easements currently related to the site, and, for other eligible support
structures, further restricted to that area in proximity to the structure and to other
transmission equipment already deployed on the ground. The current boundaries of a
site are the boundaries that existed as of the date. that the original support structure or a
modification to that structure was last reviewed and approved by a state or local
government, if the approval of the modification occurred prior to the Spectrum Act or
otherwise outside of the eligible facilities request process."
"Small wireless facility" has the same meaning as provided in 47 C.F.R. §
1.6002(1), as may be amended, which .defines that term as facilities that meet each of
the following conditions:
1. The facility:
a. Is mounted on structures 50 feet or less in height including their antennas as
defined in 47 C.F.R. § 1.1320(d); or
b. Is mounted on structures no more than 10% taller than other adjacent
structures; or
c. Does not extend existing structures on which they are located to a height of
more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no
more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated equipment
on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under part 17 of this
chapter;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x);
and
6. The facility does not result in human exposure to radio frequency radiation in
excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
"Stealth facility" means any wireless telecommunications facility which is
designed to blend into the surrounding environment by means of screening,
concealment, or camouflage intended to make the facility look like something other than
a wireless tower or base station. The antenna and related equipment are either not
readily visible beyond the property on which they are located, or, if visible, appear to be
part of the existing natural or built environment rather than as a wireless
telecommunications facility.
"Substantial change" has the same meaning as provided in 47 C.F.R. §
1.6100(b)(7), as may be amended, which defines that term as a substantial modification
changing the physical dimensions of an eligible support structure that meets any of the
following criteria:
(i) For towers other than towers in the public rights-of-way, it increases
the height of the towerbymore than 10% or by the height of one
additional antenna array with separation from the nearest existing
antenna not to exceed ,twenty feet, whichever is greater; for other
eligible support structures, it increases the height of the structure by
more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support
structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the
tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage of the
Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves
adding an appurtenance to the body of the tower that would protrude
from the edge of the tower more than twenty feet, or more than the
width of the tower structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding an
appurtenance to the body -of the structure that would protrude from the
edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more
than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers in
the public rights-of-way and base stations, it involves installation of any
new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than 10% larger in height
or overall volume than any other ground cabinets associated with the
structure;
(iv) It entails any excavation or deployment outside of the current site,
except that, for towers other than towers in the public rights-of-way, it
entails any excavation or deployment of transmission equipment
outside of the current site by more than 30 feet in any direction. The
site boundary from which the 30 -feet is measured excludes any access
or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support
structure; or
(vi) It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided however that this
limitation does not apply to any modification that is non-compliant only
in a manner that would not exceed the thresholds identified in §
1.6100(b)(7)(i) through (iv).
"Tower" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may
be amended, which defines that term as "[a]ny structure built for the sole or primary
purpose of supporting any [FCC] -licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless telecommunications
services including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave
backhaul, and the associated site." Examples include, but are not limited to, monopoles,
mono -trees and lattice towers. This definition does not include utility poles.
"Transmission equipment"has the same meaning as provided in 47 C.F.R. §
1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that
facilitates transmission for any [FCC] -licensed or authorized wireless communications
service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term includes equipment associated
with wireless telecommunications services including, but not limited to, private,
broadcast, public safety services, as well as fixed wireless services, such as microwave
backhaul."
"Utility pole" means any structure designed to support electric, telephone, and
similar utility lines, but does not include an electric pole used solely for the transmission
of electricity at 50 kilovolts or higher. A tower is not a utility pole.
"Wireless telecommunications facility" or "facility" means an unstaffed facility at a
fixed location, generally consisting of antennas, an equipment cabinet or enclosure,
building, shed, or shelter, and related equipment, which receives and/or transmits radio
frequency, electromagnetic, or other wireless signals for the purpose of transmitting
voice or data.
16.70.030 Exemptions.
The requirements of this chapter do not apply to antennas or antenna structures set
forth in this section, unless noted otherwise below. Each exempt facility shall fully
comply with other applicable requirements of the Arroyo Grande Municipal Code to the
extent not specially exempted in this section, including but not limited to the adopted
uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical
Code, and Fire Code.
A. Over -the -air -reception -devices (OTARD) antennas.
1. Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS)
antennas and multipoint distribution services (MDS) antennas measuring one meter
or less in diameter (or diagonal measurement) and either: (a) intended for the sole
use of a person occupying the same parcel to receive direct broadcast satellite
service, including direct -to -home satellite service, or to receive or transmit fixed
wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit
fixed wireless services that are not classified as telecommunications services; and
2. Non -satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37
inches or less in diameter or diagonal measurement and (a) intended for the sole
use of a person occupying the same parcel 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 or (b)
a hub or relay antenna used to receive or transmit fixed wireless services that are
not classified as telecommunications services.
3. Television broadcast system (TUBS) antennas, provided: (a) the antenna is
located entirely on and/or above the subject property, and (b) no portion of any
ground -mounted antenna is within a required front yard setback for the main
building, in front of the main building, within a required side yard setback of a corner
lot or adjacent to a street.
B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas
measuring two meters or less in diameter (or diagonal measurement) located on a
property within any commercial or industrial zoning district, provided: (1) the antenna is
located entirely on and/or above the subject property; and (2) no portion of any ground -
mounted antenna is within a required front yard setback for the main building, in front of
the main building, within a required side yard setback of a corner lot or adjacent to a
street. All SES antennas require a building permit and minor use permit for review of
placement to ensure that maximum safety is maintained.
C. Amateur radio antennas. Antennas and antenna structures constructed by or for
FCC -licensed amateur radio operators that comply with the following provisions. Such
an antenna or antenna structure requires a building permit and minor use permit for
review of placement to ensure that maximum safety is maintained:
1. The antenna structure, when fully extended, measures 35 feet or less in height,
and measures 24 inches or less in diameter or width;
2. The antenna boom measures 20 feet or less in length. and is three inches or less
in diameter;
3. No antenna element exceeds 32 feet in length or two inches in diameter or width,
with the exception of mid -element tuning devices which shall not exceed six inches
in diameter or width;
4. The turning radius of any antenna does not exceed 26 feet; and
5. All antennas and antenna structures shall comply with Section 16.70.070, and
other applicable provisions of the Arroyo Grande Municipal Code.
D. Public safety facilities. Facilities used only for public safety or other noncommercial
governmental functions, including personal wireless services, used and maintained by
the city, or any fire district, school district, hospital, ambulance service, governmental
agency, or similar public or semipublic use.
E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven
consecutive days, provided any other necessary permits are obtained.
F. Collocation facilities. A proposed collocation facility that meets all of the requirements
of California Government Code section 65850.6.
G. Emergency facilities. Wireless telecommunications facilities erected and operated for
emergency situations, as designated by the police chief or City Manager, so long as the
facility is removed at the conclusion of the emergency.
16.70.040 Permits required.
A person who proposes to install or operate a wireless telecommunications facility shall
first obtain approval, as set forth in subsection A of this section (if the facility would be
located in public right-of-way) or as set forth in subsection B of this section (if the facility
would be located on private or public property), unless the facility is exempt under
Section 16.70.030.
A. Public right-of-way.
1. Minor Use Permit -Plot Plan Review. Only small wireless facilities and qualifying
eligible facilities requests are permitted within the public right of way. A minor use
permit -plot plan review approval shall be required to construct, install, or modify a
wireless telecommunications facility in the public right of way. Applications for minor
use permits -plot plan review for facilities within the public right-of-way are subject to
review and approval by the Community Development Director. Following receipt of
an application for minor use permit -plot plan subject to this chapter, the Community
Development Director shall provide written notice of the pending application to all
parcel owners within 500 feet of the proposed facility. No public hearing shall be
required. The decision of'the Community Development Director shall be final and
not subject to appeal.
2. Other Permits Required .by Code. In addition, applicants for a minor use permit -
plot plan review to construct, install, or modify a wireless telecommunications facility
in the public right of way must also obtain all other permits and approvals required
by the Arroyo Grande Municipal Code, including but not limited to encroachment
permits for accessing, working, or staging within the public right-of-way or on city -
owned public property or building permits.
B. Private property and public property
1. Minor Use Permit -Architectural Review. A minor use permit -architectural review
approval shall be required for any wireless telecommunications facility or
modification thereof on private property or public property that is: (i) an eligible
facilities request; (ii) a small wireless facility; or (iii) a collocation of a personal
wireless services facility on an existing structure and does not qualify as (i) or (ii) .
Applications for minor use permits -architectural review for wireless facilities on
private or public property are subject to review and approval by the Community
Development Director. The Community Development Director may refer an
application to the Architectural Review Committee for review when an application
does not clearly demonstrate compliance with the applicable design, development
or location standards set forth in Section 16.70.070 and no limited exception has
been requested in accordance with Section 16.7.0.080. Following receipt of an
application for minor use permit -architectural review subject to this chapter, the
Community Development Director shall provide written notice of the pending
application to all parcel owners within 500 feet of the proposed facility. No public
hearing shall be required.
a. The decision of the Community Development Director on any
application for an eligible facilities request or small wireless facility collocation on
an existing structure shall be final and not subject to appeal.
b. The decision of the Community Development Director on any
application for a small wireless facility on a new or replacement structure or a
collocation that does not qualify as an eligible facilities request or a small
wireless_ facility -shall be final unless appealed by any affected party.directly to city
council, whose decision shall be final. Once an appeal is filed, the. city council's
authority to review the decision being appealed is not limited to the original
reason stated for the appeal. The city council may review and take action on all
determinations, interpretations, decisions, judgments, or similar actions taken on
the application, and are not limited to the reason stated for the appeal. Appeals
shall be in writing on -a form obtained from the city clerk. The appellant shall state
the specific reasons for the basis of the appeal. Appeal applications shall include
the required fee and mailing labels for property owners within five hundred (500)
feet of the project being appealed. An appeal as authorized by this section shall
be filed with the office of the city clerk within ten (10) calendar days following the
date of action for which an appeal is made or the date the action is reported to
the planning commission on the consent agenda. Once an appeal is filed, it shall
not be withdrawn except with the consent of the city council. The appeal shall be
heard in accordance with the procedures outlined by subsection 16.12.150(C)
and 16.12.150(D).
2. Conditional use permit. A conditional use permit issued in accordance with the
procedures set forth in Section 16.16.050 is required for the installation of any
wireless telecommunications facility that is not subject to a minor use permit -plot
plan review set forth in subsection (A), a minor use permit -architectural review set
forth in subsection (13)(1) above or a minor use permit -temporary uses set forth in
(C) below. Following receipt of an application for a conditional use permit subject to
this chapter, the Community Development Director shall provide written notice of the
pending application to all parcel owners within 500 feet of the proposed facility.
3. Other Permits Required by Code. In addition, applicants for a minor use permit -
architectural review or conditional use permit to construct, install, or modify a
wireless telecommunications facility on public or private property must also obtain all
other permits and approvals required by the Arroyo Grande Municipal Code,
including but not limited to encroachment permits for accessing, working, or staging
within the public right-of-way or on city -owned public property or building permits.
C. Temporary Facilities - Minor Use Permit -Temporary Uses. A minor use permit -
temporary uses issued in accordance with the procedures set forth in Section 16.16.090
is required for the installation of any wireless telecommunications facility intended or
used to provide personal wireless services on a temporary or emergency basis, such as
a large-scale special event in which more users than usual gather in a single location or
following a duly proclaimed local or state emergency as defined in Government Code
section 8558 requiring additional service capabilities for a period not to exceed 90
consecutive days.
D. License Agreement. A license agreement entered into with the city shall be required
for use of or attachment to any city -owned streetlights, vertical infrastructure or other
City -owned property within the public right-of-way or on City -owned public property.
16.70.050 Application submittal requirements.
An applicant seeking an approval.subject to this chapter shall complete and submit an
application to the Community Development Department for review and processing,
upon the form published by the Community Development Director, which may be
updated from time to time.
16.70.060 Findings.
The hearing body or individual considering an application for a minor use permit -
architectural review permit, minor use permit -plot plan review, or a conditional use
permit subject to this chapter may approve the application only upon making the
following findings, or to the extent the proposed wireless telecommunications facility
does not comply with all applicable requirements, the applicant has requested a limited
exception pursuant to Section 16.70.080 and the findings for granting a limited
exception can be made.
A. Minor Use Permit – Plot Plan Review (Non Eligible Facilities Requests): The
Community Development Director may approve a minor use permit—plot plan
review application subject to this chapter in whole or in part, with or without
conditions, only if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings of fact can be made in an
affirmative manner:
1. All findings for approval required for minor use permit—plot plan review as
specified in Section 16.16.080; and
2. The facility complies with all applicable requirements of this chapter,
including all requirements for the requested permit; all application
requirements; and all applicable design, location, and development
standards, or has met the requirements for a limited exception as outlined
in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
B. Minor Use Permit – Architectural Review (Non Eligible Facilities Requests): The
Community Development Director may approve a minor use permit -architectural
review application subject to this chapter in whole or in part, with or without
conditions, only if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings of fact can be made in an
affirmative manner:
1. All findings for approval .required for minor use permit—architectural
review as specified in Section 16.16.130; and
2. The facility complies with all applicable requirements of this chapter,
including all requirements for the requested permit; all application
requirements; and all applicable design, location, and development
standards, or has met the requirements for a limited exception as outlined
in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
C. Conditional Use Permit: The planning commission may approve a conditional use
permit application subject to this chapter in whole or in part, with or without
conditions, only if, on the basis of the application and other materials or evidence
provided in review thereof, all of the following findings of fact can be made in an
affirmative manner:
1. All findings for approval required for conditional use permit as specified in
Section 16.16.050; and
2. The facility complies with all applicable requirements of this chapter,
including all requirements for the requested permit; all application
requirements; and all applicable design, location, and development
standards, or has met the requirements for a limited exception as outlined
in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
D. Eligible Facilities Requests: No minor use permit -plot plan review or minor use
permit -architectural review shall be approved for an eligible facilities request
unless, on the basis of the application and other materials or evidence provided in
review thereof, the following findings are made:
1. The proposed collocation or modification meets each and every one of the
applicable criteria for an eligible facilities request stated in 47 C.F.R.
sections 1.6100(b)(3)—(9), or any successor provisions, after application of
the definitions in 47 C.F.R. section 1.6100(b). The Community Development
Director shall make an express finding for each criterion; and
2. The proposed facility complies with conditions associated with the siting
approval of the construction or modification of the eligible support structure
or base station equipment, except to the extent preempted by 47 C.F.R.
sections 1.6100(b)(7)(i)—(iv), or any successor provisions; and
3. The proposed facility will comply with all generally applicable laws.
16.70.070 Design, Development, and Location Standards.
Each wireless telecommunications facility subject to this chapter (except eligible
facilities requests) shall be designed, installed and operated in compliance with these
location, design and development standards, unless specifically stated otherwise in this
section.
A. Location Standards. When considering compatibility of a location and structure for
wireless telecommunications facilities, applicants shall propose those that will be the
least intrusive to community character and values. Subsection (B) of this section
provides a ranking that describes zoning districts where facilities are :least compatible to
most compatible with other uses. Subsection (C) of this section provides the City's
preference for placement on particular structures. Subsection (D) provides additional
special considerations for site selection on public rights-of-way. Subsection (E) of this
section provides general design standards. -
B. Ranked Locations. Applicants must propose placement of new Towers or new
structures for wireless telecommunications facilities in locations with the least intrusive
land use designation (i.e., zoning) that are technically feasible and potentially available
Applications proposing placement in Tier I or II must include a written justification as
part of the application submittal, supported by factual and verifiable evidence, that
shows the Tier III (and if applicable Tier II) land use tier is not technically feasible and
available. The following land use tiers are ranked from least compatible to most
compatible:
Tier l (Not compatible):
Residential Zoning Designations: Residential Estate (RE), Residential Hillside (RH),
Rural Residential (RR), Residential Suburban (RS), Single -Family Residential (SF),
Village Residential (VR), Condom iniumlrownhouse (MF), Multifamily Apartment (MFA),
Multifamily Very High Density (MFVH), Mobilehome Park (MHP), Village Mixed Use
(VM U)
Tier //(Less compatible):.
Mixed Use Zoning Designations: Fair Oaks Mixed Use (FOMU), Highway Mixed Use
(HMU), Gateway Mixed Use (GMU), Office Mixed Use (OMU), Village Core Downtown
(VCD)
Tier ///(Most compatible):
Industrial Mixed Use (IMU), Traffic Way Mixed Use (TMU), Regional Commercial (RC),
Public Facility (PF), Agricultural (AG)
1. Wireless telecommunications facilities shall not be placed directly in front of
the primary entrance of any primary residential building or multifamily building located in
the following zones: Residential Estate (RE), Residential Hillside (RH), Rural
Residential (RR), Residential Suburban (RS), Single -Family Residential (SF), Village
Residential (VR), Condominium/Townhouse (MF), Multifamily Apartment (MFA),
Multifamily Very High Density (MFVH), Mobilehome Park (MHP), Village Mixed Use
(VMU).
C. Structure Selection. Applicants shall propose placement on the most compatible
structure that is technically feasible and available. Any application to place a wireless
telecommunications facility on a structure other than the most compatible structure must
include a written justification, based on factual and verifiable evidence, that shows no
more compatible structure is technically feasible and available.
1. Structure Selection on Private and Public Property . The following structures are
ranked from least compatible to most compatible on parcels:
a. New (non replacement) structures (New Towers, monopoles, and other
standalone facilities).
b. Historic structures and buildings that are listed or qualify for listing on the
California Office of Historic Preservation Resources registry or the national
register of historic places.
c. Existing (or replacement) nonbuilding structures, such as water towers,
water tanks/ reservoirs, grain bins or silos, without existing wireless facilities.
d. Existing nonbuilding structures, such as monopines, faux water towers,
water tanks/ reservoirs, grain bins or silos with existing wireless facilities.
e. Existing buildings, such as rooftop or facade mounted, within steeples, faux
copulas and other buildings with sufficient capacity to support a facility
2. Structure Selection on Public Rights -of -Way. New (nonreplacement) structures
of any type (utility pole or nonpole) are the least compatible structures to use on
public rights-of-way. Deployment on existing (or replacement) utility poles and
streetlights are the most compatible and preferred structures. Wireless
telecommunications facilities are not permitted to be deployed on decorative
streetlights. Selection of structures/locations in the public right-of-way is also
subject to the limitations in subsection (D) of this section.
D. Public Right of Way Location Selection Standards. Wireless telecommunications
facilities are not permitted in the following locations in the public right of way unless the
application includes a written justification, based on factual and verifiable evidence, that
shows no structure/location is technically feasible and available outside these locations:
a. Directly in front of the areas which are five feet in either direction from the
centerline of each entry door or window in the front facade of any occupied
residential building.
b. Within a 300 -foot radius from another wireless telecommunications facility
within the public rights-of-way.
c. Any location that would adversely affect -the normal drainage of surface
water, unless an acceptable mitigation. is. included that will be advantageous to
the general public.
d. Any location that would adversely affect vehicular and/or pedestrian traffic
or the parking of vehicles including placements in any visibility triangle that
obstructs or restricts the view necessary for the safe operation of motor
vehicles as determined by the Director of Public Works.
e. Any location that would adversely affect the root structure of any existing
trees, or significantly reduce greenbelt area that may be used for tree planting.
f. Any location within 10 feet of any driveways for police stations, fire stations,
or other emergency responder facilities.
g. Any location that would physically interfere with or impede access to any: (i)
aboveground or underground infrastructure for traffic control, or public
transportation, including, without limitation, any curb control sign, parking
meter, vehicular traffic sign or signal, pedestrian traffic sign or signal,
barricade reflectors; (ii) public transportation vehicles, shelters, street
furniture, or other improvements at any public transportation stop; (iii)
aboveground or underground infrastructure owned or operated by any public
or private utility agency; (iv) fire hydrant or water valve; (v) doors, gates,
sidewalk doors, passage doors, stoops, or other ingress and egress points to
any building appurtenant to the right-of-way; or (vi) fire escape.
E. Design Standards.
1. General Requirements. This subsection (E) establishes generally applicable
design standards for all facilities, except that eligible facilities requests are subject
only to subsections 16.70.070(E)(1)(e) through 16.70.070(E)(1)(1).
a. Stealth/Concealment. All wireless telecommunications facilities must be
stealth to the maximum extent feasible. Stealth concealment techniques
include, without limitation: (a) transmission equipment placed completely
within existing or replacement architectural features such that the installation
causes no visible change in the underlying structure; (b) new architectural
features that mimic or blend with the underlying or surrounding structures in
style, proportion and construction quality such that they appear part of the
original structure's design; and (c) concealment elements, measures and
techniques that mimic or`blend with the underlying structure, surrounding
environment or adjacent uses.. Colors and .materials for wireless facilities shall
be muted, subdued, nonreflective and chosen to minimize visibility to the
greatest extent feasible.
b. Overall Height. On public and private parcels, facilities may not exceed
more than 25 feet above the maximum height allowed by this Arroyo Grande
Municipal Code for the underlying zoning district where the facility is
proposed. In the public right-of-way, wireless facilities on an existing pole may
not have an overall height that exceeds the height of the existing pole by more
than 10 feet and wireless facilities that involve a replacement pole or a new
pole may not have an overall height that is more than 10 feet above the height
of the replaced pole or existing poles in the vicinity unless additional height is
necessary to comply with CPUC safety standards such as General Order 95.
c. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in
flat, muted, subdued, nonreflective hues that match the underlying structure or
blend with the surrounding environment. All exterior surfaces on wireless
facilities shall be constructed from, or coated with, graffiti -resistant materials.
All finishes shall be subject to the reviewing authority's prior approval.
d. Trees and Landscaping. Wireless facilities shall not be installed (in whole or
in part) on new poles within any tree drip line. All wireless facilities proposed
to be placed in a landscaped area must include landscape and/or hardscape
features (which may include, without limitation, trees, shrubs and ground
cover) and a landscape maintenance plan. The existing native vegetation shall
be maintained to the maximum extent feasible. The reviewing authority may
require additional landscape features to screen the wireless
telecommunications facility from public view, avoid or mitigate potential
adverse impacts on adjacent properties or otherwise enhance the stealth
techniques required under this chapter. All plants proposed or required must
be reviewed as part of a formal landscaping plan and approved by the City.
e. Noise. All wireless facilities must be compliant with all applicable noise
regulations, which includes, without limitation, any noise regulations in this
Arroyo Grande Municipal Code. The reviewing authority may require the
applicant to incorporate appropriate noise -baffling materials and/or noise -
mitigating strategies to avoid any ambient noise from equipment reasonably
likely to exceed the applicable noise regulations.
f. Lights. Wireless facilities may not include exterior lights other than as may
be required under the Federal Aviation Administration, FCC, or other
applicable Federal or State governmental regulations. All exterior lights
permitted or required to be installed must be installed in locations and within
enclosures that mitigate illumination impacts on other properties to the
maximum extent feasible. Any lights associated with the electronic equipment
shall be appropriately shielded from public view. Any light beacons or lightning
arresters shall be included in the overall height calculation.
g. Signage, Advertisements. All wireless facilities must include signage that
accurately identifies the equipment owner/operator, the owner/operator's site
name or identification numberand atoll -free number to the owner/operator's
network operations center. Wireless facilities niay not bear any other signage
or advertisements unless expressly approved by the reviewing authority,
required by law or recommended under FCC or other Federal governmental
agencies for compliance with RF emissions regulations.
h. Security Measures. To prevent unauthorized access, theft, vandalism,
attractive nuisance or other hazards,'reasonable and appropriate security
measures, such as fences, walls and anti -climbing devices may be approved.
Security measures shall be designed and implemented in a manner that
enhances or contributes to the overall stealth, and the reviewing authority may
condition approval on additional stealth elements to mitigate any aesthetic
impacts, which may include, without limitation, additional landscape or
hardscape features. Barbed wire, razor ribbon, electrified fences or any similar
security measures are prohibited. Alarm systems shall not include any visible
alarms or audible sirens or other sounds.
i. Fire Safety. All wireless facilities shall be designed by qualified, licensed
persons to provide the maximum protection that is technically feasible to
prevent electrical and fire hazards. All wireless facilities shall be proactively
monitored and maintained to continue and, if possible, improve the safety
design.
j. Compliance With Laws. All wireless facilities must be designed and sited in
compliance with all applicable Federal, State, regional, and local laws,
regulations, rules, restrictions and conditions, which includes without limitation
the California Building Standards Code, Americans with Disabilities Act,
general plan and any applicable specific plan, the Arroyo Grande Municipal
Code and any conditions or restrictions in any permit or other governmental
approval issued by any public agency with jurisdiction over the project.
k. Public health. No wireless telecommunications facility shall be sited or
operated in such a manner that it poses, either by itself or in combination with
other such facilities, a potential threat to the public health. To that end, no
facility or combination of facilities shall produce at any time power densities in
any inhabited area that exceed the FCC's maximum permissible exposure
(MPE) limits for electric and magnetic field strength and power density for
transmitters or any more restrictive standard subsequently adopted or
promulgated by the City, county, state or federal government. Absolute
compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as
amended, is mandatory, and any violation of this section shall be grounds for
the City to immediately terminate any permit granted hereunder, or to order
the immediate service termination of any nonpermitted, noncomplying facility
constructed within the City.
I. Electric Service. The City strongly encourages site operators to use flat -rate
electric service when it would eliminate1he need for a meter. Where meters
are required, use the narrowest electric meter and disconnect available.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
A. The Community Development Director and/or the hearing body considering the
application may grant exceptions to the design, development and location standards for
wireless telecommunications facilities subject to this chapter, if it is determined that
denial of an application or strict adherence to the design, development and location
standards would:
1. Prohibit or effectively prohibit the provision of personal wireless services, within
the meaning of federal law; or
2. Otherwise violate applicable laws or regulations; or
3. Require a technically infeasible location, design or installation of a wireless
telecommunications facility;
4. Involve only minor noncompliance with a requirement, provided such
noncompliance either results in no increase in visual harms to the community or
provides other benefits.
B. To be considered, the applicant must request an exception at the time of application
submittal, and the applicant has the burden of proof.
C. If the Community Development Director and/or the hearing body considering the
application finds that an exception is warranted, said requirements may be waived, but
only to the minimum extent required to avoid the prohibition, violation, or technically
infeasible location, design or installation or minor noncompliance.
16.70.090 Standard conditions of approval.
All permits issued in accordance with this chapter, except for minor use permit -
temporary uses, whether approved by the Community Development Director and/or the
hearing body considering the application or deemed approved by the operation of law,
shall be automatically subject to the conditions in this section. The Community
Development Director and/or the hearing body considering the application shall have
discretion to modify, supplement, waive or amend these conditions on a case-by-case
basis as may be necessary or appropriate under the circumstances to protect public
health and safety or allow for the proper operation of the approved facility consistent
with the goals of this chapter.
A. Permit term. The permit for a wireless telecommunications facility (except for an
eligible facilities request) will automatically expire at 12:01 a.m. local time exactly 10
years and one day from the issuance date. Any other permits or approvals issued in
connection with an application subject to this Article, Which includes without limitation
any permits or other approvals deemed- granted or deemed- approved under federal or
state law, will not extend this term limit unless expressly provided otherwise in such
permit or approval or required under federal or state -law
B. Compliance with Laws. The permittee shall at all times maintain compliance with
all applicable federal, state and local laws, regulations and other rules.
C. Inspections — Emergencies. The city or its designee may enter onto the facility
area to inspect the facility upon reasonable notice to the permittee. The permittee shall
cooperate with all inspections. The city reserves the right to enter or direct its designee
to enter the facility and support, repair, disable or remove any elements of the facility in
when the facility threatens imminent harm to persons or property.
D. Contact information for responsible parties. The permittee shall at all times
maintain accurate contact information for all parties responsible for the facility, which
shall include a phone number, street mailing address and email address for at least one
natural person. All such contact information for responsible parties shall be provided to
the Community Development Director upon permittee's receipt of the Community
Development Director's written request, except in an emergency determined by the city
when all such contact information for responsible parties shall be immediately provided
to the Community Development Director upon that person's verbal request.
E. Indemnities. The permittee and, if applicable, the owner of the private property
upon which the facility is installed shall defend, indemnify and hold harmless the city of
Arroyo Grande, its agents, officers, officials and employees (1) from any and all
damages, liabilities, injuries, losses, costs and expenses and from any and all claims,
demands, law suits, writs of mandamus and other actions or proceedings brought
against the city or its agents, officers, officials or employees to challenge, attack, seek
to modify, set aside, void or annul the city's approval of the permit, and (2) from any and
all damages, liabilities, injuries, losses, costs and expenses and any and all claims,
demands, lawsuits or causes of action and other actions or proceedings of any kind or
form, whether for personal injury, death or property damage, arising out of or in
connection with the activities or performance of the permittee or, if applicable, the
private property owner or of each one's.:agents, employees., licensees, contractors,
subcontractors or independent contractors. In the event the city becomes aware of any
such actions or claims the city shall promptly notify the permittee and the private
property owner, if applicable, and shall reasonably cooperate in the defense. It is
expressly agreed that the city shall have the right to approve, which approval shall not
be unreasonably withheld, the legal counsel providing the city's defense, and the
property owner and/or permittee (as applicable) shall reimburse city for any costs and
expenses directly and necessarily incurred by the city in the course of the defense.
F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification and removal of the
facility. Any natural screening afforded by site conditions, including, but not limited to,
the presence of trees, landscaping, topographical features, or structures on the site that
shield the facility from view, shall be considered stealthing elements.
G. General maintenance. The site and the facility, including but not limited to all
landscaping, fencing and related transmission equipment, must be maintained in a neat
and clean manner and in accordance with all approved plans and conditions of
approval.
H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of
the permittee within 48 hours after notification from the city.
I. RF emissions exposure compliance. All facilities must comply with all standards
and regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the wireless telecommunications
facility, permittee or its representative must provide the city documentation
demonstrating compliance with all applicable RF emissions exposure standards as
certified by a licensed engineer.
J. Build-out period. This permit shall lapse one year after its date of approval unless
one of the following has occurred:
1. The facility is constructed or modified as approved and in operation; or
2. The build-out period is extended by the city authority which originally
approved the permit; or
3. A building permit has been issued, substantial money has been expended,
and construction diligently pursued. Permittees seeking an extension of
the one-year build-out period under this subsection (J)(3) shall provide
adequate supporting documentation to the Community Development
Director demonstrating of its efforts to date, which may include but is not
limited to plans submitted for plan review. executed contracts with
contractors or subcontractors for the installation or modification of the
facility or other documentation.
K. Lapse. The permit shall automatically lapse if, after the commencement of
operation of the facility, there is a discontinuance of the exercise of the entitle_r_ne_e#__.-
granted by the permit for six consecutive months or more. -- =- -
L. Testing. Testing of back-up generators. and other noise producing
shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30
p.m., except that testing is prohibited on holidays that fall on a weekday. In addition,
testing is prohibited on weekend days.
M. Utilities undergrounded. Unless the facility is on a utility pole, extensions of
electrical and telecommunications land lines to serve the wireless telecommunications
facility shall be underground.
N. Encroachment. Permittee must obtain an encroachment permit for any work,
staging, operations, or construction access in the public right-of-way or on city -owned
public property.
O. Other approvals. The permittee shall obtain all other applicable permits,
approvals, and agreements necessary to install and operate the facility in conformance
with federal, state, and local laws, rules, and regulations.
P. Modifications. No changes shall be made to the approved plans, except for like -
for -like modifications, replacements, alterations, and/or additions consist of upgrades -or----- — ---
exchanges of equipment that are substantially similar in appearance and the same or
less in size, dimensions, weight, and RF emissions to the then -existing and approved
equipment, without review and approval in accordance with this chapter.
Q. Performance and maintenance. All wireless telecommunications facilities,
including but not limited to fences, cabinets, poles and landscaping, shall be maintained
in good working condition over the life of the permit. This shall include keeping the
structures maintained to the visual standards established at the time of approval. The
facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism.
Any damage shall be repaired as soon as practicable, and in no instance more than 10
calendar days from the time of notification by the city or after discovery by the_permittee.
R. Performance bond -Prior- issuance of a building or electrical.permitj th'-
permittee shall file with the city, and shall maintain in good standing throughout thtoarm=
of the approval, a performance bond or other surety or another form of security -for -the : -
removal of the facility in the event that the use is abandoned or the permit expires, or is
revoked, or is otherwise terminated. The security. shall be in the amount equal to 100%
of the cost of physically removing the wireless -telecommunications facility and all
related facilities and equipment on the site, based on the higher of two contractors'
quotes for removal that are provided by the permittee. The permittee shall reimburse the
city for staff time associated with the processing and tracking of the bond, based on the
hourly rate adopted by the City Council. Reimbursement shall be paid when the security
is posted and during each administrative review.
S. Conflicts with improvements. For all wireless telecommunications facilities
located within the public right-of-way, the permittee shall remove or relocate, at its
expense and without expense to the city, any or all of its wireless telecommunications
facilities when such removal or relocation is deemed necessary by the city by reason of
any change of grade, alignment or width of any public right-of-way, for installation of
services, water pipes, drains, storm drains, power or signal lines, traffic control devices,
public right-of-way improvements, or for any other construction, repair or improvement
to the public right-of-way.
T. City access. The city reserves the right of its employee, agents, and designated
representatives to inspect permitted facilities and property upon reasonable notice to
the permittee. In case of an emergency or risk of imminent harm to persons or property
within the vicinity of permitted facilities, the city reserves the right to enter upon the site
of such facilities and to support, disable, or remove those elements of the facilities
posing an immediate threat to public health and safety. The city shall make an effort to
contact the permittee, prior to disabling or removing wireless telecommunications facility
elements.
U. Encourage collocation. Where the wireless telecommunications facility site can
accommodate a, collocation upon the same site, the owner and operator of the facility
shall allow another carrier to collocate its facilities and equipment thereon, provided the
parties can mutually agree upon reasonable terms and conditions.
V. Interference. To the extent allowed under applicable federal rules and
regulations, the operator of a wireless telecommunications facility shall correct
interference problems experienced by any person or entity with respect to equipment
such as television, radio, computer, and telephone reception or transmission that are
caused by the facility. If a federal agency with jurisdiction over such matters finds that a
facility is operating in violation of federal standards, the permittee shall promptly provide
the Community Development Director with a copy of any notice of such violation issued
by any federal agency and shall notify the Community Development Director as
applicable once the facility comes back into compliance with applicable standards.
W. Discontinuance of use The facility shall be removed by permittee within 90
calendar days of the discontinuation of the use or of permit expiration, whichever is
earlier, and the site shall be restored to its previous condition. For facilities located on
city property, this requirement shall be included in the terms of the lease. For facilities
located on other sites, the property owner is responsible -for removal of the facility within
90 calendar days of the discontinuation of the use or of permit expiration, whichever is
earlier. The permittee shall provide the Community Development Department with a
notice of intent to vacate the site a minimum of 30 calendar days before vacation.
X. Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing
Standard Conditions of Approval, any eligible facilities request approved pursuant to this
chapter shall be subject to the following standard conditions unless modified by the
Community Development Director:
1. No permit term extension. The city's grant or grant by operation of
law of a permit for an eligible facilities request constitutes a federally mandated
modification to the underlying permit or approval for the subject tower or base
station. The city's grant or grant by operation of law of a permit for an eligible
facilities request will not extend the permit term for any permit or other underlying
regulatory approval.and its term shall be coterminous with the underlying permit or
other regulatory approval for the subject tower or base station.
2. No waiver of standing. The city's grant or grant by operation of law
of an eligible facilities request does not waive, and shall not be construed to waive,
any standing by the City to challenge any federal statute- or regulation concerning
eligible facilities request or any eligible facilities request.
3. Permit subject to conditions of underlying permit. Permits for eligible
facilities requests shall be subject to the terms and conditions of the underlying
permit for the existing tower or base station.
16.70.100 Peer review.
The Community Development Director and/or the hearing body considering the relevant
permit application pursuant to this chapter may require the application, proposed
findings, and conditions to be reviewed by an independent third -party peer review
consultant of the City's choo. The cost of the third -party peer review shall be the
resinsponsibility of the applicant.
16.70.110 Denial without prejudice due to failure to respond to notice(s) of
incompleteness.
To promote efficient review and timely decisions, any application governed under this
chapter regardless of type may be denied without prejudice by the Community
Development Director when the applicant fails to tender a substantive response to the
city within 120 calendar days after the Community Development Director deems the
application incomplete in a written notice to the applicant. The Community Development
Director, in his or her discretion, may grant a written extension for up to an additional 30
calendar days when the applicant submits a written request prior to the one hundred
twentieth day that shows good cause to grant the extension. Good cause for an
extension -shall include, without limitation, delays due to circumstances outside the
applicant's reasonable control.
16.70.120 Nonconforming facilities.
Nothing in this chapter shall validate any illegal or unpermitted wireless facilities
installed prior to the effective date of this chapter. Any wireless telecommunications
facility existing before the effective date of this chapter which is nonconforming to the
provisions of this chapter may continue to be used. Such a facility may be operated,
repaired and maintained but shall not be enlarged, expanded, relocated or modified to
increase the discrepancy between the existing conditions and the requirements of this
chapter, unless otherwise permitted by federal law.
16.70.130 Revocation.
A. Permittees shall fully comply with all conditions related to any permit or approval
granted under this chapter or any predecessors to this chapter. Failure to comply with
any condition of approval or maintenance of the facility in a matter that creates a public
nuisance or otherwise causes jeopardy to the public health, welfare or safety shall
constitute grounds for revocation. If such a violation is not remedied within a reasonable
period, as determined b the Cit in its sole discretion, following written notice and an
opportunity to cure, the City may schedule a public hearing before the Planning
Commission to consider revocation of the permit. The Planning Commission revocation
action may be appealed to the City Council pursuant Section 16.12.150.
1. If the permit is revoked pursuant to this section, the permittee shall
remove its facility at its own expense and shall repair and restore the site to the
condition that existed prior to the facility's installation or as required by the City
within 90 days of revocation in accordance with applicable health and safety
requirements. The permittee shall be responsible for obtaining all necessary
permits for the facility's removal and site restoration.
2. At any time after 90 days following permit revocation, the City may
require the facility to be removed and restoration of the premises as the City
deems appropriate. The City may, but shall not be required to, store the removed
facility (or any part thereof). The facility permittee shall be liable for the entire
cost of such removal, repair, restoration, and storage. The City may, in lieu of
storing the removed facility, convert it to the City's use, sell it, or dispose of it in
any manner deemed appropriate by the City.