HomeMy WebLinkAboutagenda.council.worksession.20190122
CITY COUNCIL WORK SESSION
4:00 PM
I. Update with Holy Cross Energy
II. Small Cell Infrastructure Code Amendments and
CITY COUNCIL WORK SESSION
January 22, 2019
4:00 PM, City Council Chambers
MEETING AGENDA
Update with Holy Cross Energy
Small Cell Infrastructure Code Amendments and Update
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Page 1 of 3
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Perl, Climate Action Manager
THROUGH: CJ Oliver, Environmental Health and Sustainability Director
DATE OF MEMO: January 18, 2019
MEETING DATE: January 21, 2019
RE: Renewable Energy Update from Holy Cross Energy
REQUEST OF COUNCIL: There is no formal request of City Council. This memo and
complementary work session provides an update on the activities of City Council’s BYY #7 goal
along with an opportunity for City Council to learn more about Aspen’s partner electric utility,
Holy Cross Energy.
PREVIOUS COUNCIL ACTION:
· The City of Aspen established the Canary Initiative, now known as the Climate Action
Office, in 2005, with the goal of reducing Aspen’s carbon footprint and preparing Aspen
for a changing climate. At the same time, the community of Aspen set a goal to reduce
local greenhouse gas emissions by 30% by the year 2020 and 80% by the year 2050,
below the 2004 baseline. City Council and the Aspen community have taken countless
steps towards this goal and continue to do so every year, including the procurement of
100% renewable electricity for all Aspen Electric customers in 2015 and every year since.
· On February 26, 2017 City Council formally adopted the Aspen Community Climate
Action Plan and re-committed to achieving the 30x20 and 80x50 goals via Resolution
#021_2017. Through this commitment, City Council set forth a bold vision for local
climate action work for the coming years.
· At City Council’s annual retreat in 2017, Council established nine major goals and focus
areas. Goal #7 is as follows.
Decrease the carbon footprint of the community’s energy supplies by maintaining Aspen
Electric’s 100% carbon free electric generation portfolio; working with other electric
providers to increase renewable energy in their generation plans; and planning for a
reduced need for natural gas in Aspen buildings.
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BACKGROUND:
To curb the hazardous impacts of climate change and provide for a high quality of life for visitors
and residents, City Council and the Aspen community are committed to reducing greenhouse gas
emissions and energy use. Understanding that 56% of the community’s greenhouse gas emissions
come from energy use in buildings, Council set a goal to focus on reducing the carbon emissions
associated with the operation of Aspen’s homes and buildings.
The goal focuses on three actions:
1. Maintain Aspen Electric’s 100% carbon free electric generation portfolio
2. Work with other electric providers to increase renewable energy in their generation plans
3. Plan for a reduced need for natural gas in Aspen buildings
City Council’s goal is a comprehensive goal, in that it focuses on both energy supply and
demand. This approach follows the recommendation from leading experts in this field that when
reducing carbon emissions from homes and buildings it is necessary to focus not just on
providing energy that is clean and renewable (Supply), but also ensuring that buildings are well-
built, maintained, and upgraded to run efficiently (Demand). In addition to the work on this
Council goal, the City of Aspen Climate Action Office, in partnership with the Community
Office for Resource Efficiency, provides comprehensive programming to constantly focus on
reducing energy demand in buildings. For more information about Aspen’s 2019 energy
efficiency programs see Attachment A.
The purpose of this work session is to provide an update on the second part of Council’s goal:
Work with other electric providers to increase renewable energy in their generation plans. With
regards to the first and third parts of the goal, here are brief updates.
Goal Part 1: Maintain Aspen Electric’s 100% carbon free electric generation portfolio
The City of Aspen Electric Department, known as Aspen Electric, is responsible for
providing reliable power to over 3,000 customer meters. In 2015, the City of Aspen achieved
a long-standing community goal of sourcing and providing 100% renewable electricity to its
customers. Every day since, Aspen Electric customers have received reliable and renewable
power. Through City ownership and operation of 2 hydroelectric facilities, long-term energy
contracts, and a partnership with our wholesale electric supplier, MEAN (Municipal Energy
Agency of Nebraska), Aspen Electric is on track to supply renewable power into the near
future.
Goal Part 3: Plan for a reduced need for natural gas in Aspen’s buildings
Staff met with City Council in September 2018 and presented ‘Strategic Electrification 101’.
This work session focused on the fact that as electricity becomes more renewable, cities
across the world are encouraging building and homeowners to switch to electricity and away
from natural gas. This requires the installation of all-electric systems and the purchase and
use of electric appliances, specifically efficient electric heating appliances called ‘air source
pumps’. City Council directed staff to learn more about these new electric technologies and
to consider using them, when appropriate, in city-built housing projects as well as
considering all-electric systems for future city building projects.
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DISCUSSION:
The second part of the goal is to: Work with other electric providers to increase renewable
energy in their generation plans. This part of the goal is focused on building a renewable energy
partnership with Holy Cross Energy, Aspen’s neighboring electricity provider. Holy Cross
Energy currently provides power to customers in the Roaring Fork Valley, the Eagle Valley, and
other nearby communities. That power consists of 39% renewable sources, and this percentage is
growing rapidly. Recently, the Holy Cross Energy board of directors committed to providing
70% renewable electricity by the year 2030. Bryan Hannegan, CEO of Holy Cross Energy, will
be in attendance at City Council’s work session to provide a full update on Holy Cross Energy’s
pursuit of more renewable energy. The slides that Brian will use are available in Attachment B.
The City of Aspen maintains a strong partnership with Holy Cross Energy. Staff partner to
provide energy efficiency expertise, outreach and programming to the community. More recently,
staff has begun exploring opportunities to work together to bring more renewable energy to the
Aspen community, a goal outlined in the Aspen Community Climate Action Plan. Details of
these types of projects will not be included in the work session presentation, however staff will
share updates as they become available this spring and summer.
FINANCIAL/BUDGET IMPACTS:
There is no dedicated funding, outside of staff time, for this goal, and currently there is no
request for additional funding.
ENVIRONMENTAL IMPACTS:
This goal is primarily focused on improving 3 of City Council’s Sustainability Measures:
1. Percent of electrical energy from renewable sources
2. Community-wide greenhouse gas emissions
3. Total energy consumption from the built environment
Additional health and community benefits are associated with reduced emissions including
improved air quality and reduced energy costs.
ATTACHMENTS:
Attachment A: Aspen’s Energy Efficiency Programs
Attachment B: Presentation Slides from Holy Cross Energy
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2019 Energy Efficiency Programs
Commercial Programs:
1. Energy coaching site visits: This free service is available to all Aspen businesses and includes a
site visit to assess energy-efficiency opportunities, identify rebates the business may be eligible
for, and a brief report. It is considered a gateway to implementing energy efficiency upgrades.
2. Rebates: Aspen businesses are eligible for rebates from utilities (including City of Aspen’s
Electric Utility) and the Community Office for Resource Efficiency (CORE). For example, Aspen
Electric customers are eligible for combined City of Aspen and CORE rebates of 50% of project
cost, up to $5,000 for electricity-saving measures.
3. Small Lodges Energy Efficiency Program (SLEEP): is a part of the Small Lodge Preservation
Program, which recognizes the cultural and economic value provided to Aspen by small lodges
and incentivizes improvements that contribute to the longevity of those lodges. The underlying
SLEEP program is a partnership between the City of Aspen and CORE to provide energy coaching
and grant funds to lodges for energy efficiency assessments and improvements.
4. Contractor Trainings: The City of Aspen is proud to work with CORE to sponsor several
contractor trainings centering around energy efficiency, beneficial electrification, and green
building.
Residential Programs:
1. Home energy assessments: With this service, a certified energy professional will perform a
comprehensive evaluation of the home and create a report outlining opportunities for energy
improvements that are specific to that space. Plus, homeowners get free “quick fix” installations
and combustion analysis testing. A $400 value, this service is offered to Aspen residents for
$100. Assessments are considered the first step towards implementing smart, impactful, and
cost-effective energy efficiency upgrades at home. In 2019, the City of Aspen and CORE are
partnering to give away 60 free home energy assessments to Aspen residents.
2. Rebates: For energy saving projects, Aspen residents are eligible for rebates from utilities
(including City of Aspen’s Electric Utility) and the Community Office for Resource Efficiency
(CORE).
3. Income Qualified (IQ) Program: The City of Aspen is proud to support CORE’s IQ program and
make it available to Aspen residents. Residents (homeowners and renters) with a limited income
qualify for a free Home Energy Assessment and free energy improvements. This can lead to
improved home comfort and significant utility bill savings.
4. Affordable Housing Energy Upgrades: In 2019, the City of Aspen hopes to build on a 2016
project to bring increased energy efficiency, comfort, and utility bill affordability to residents of
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workforce housing. In 2016, the City of Aspen partnered with CORE and utilities to perform
energy efficiency upgrades at Burlingame Seasonal, Truscott, and Marolt Seasonal housing
complexes. Upgrades included both in-unit upgrades and larger whole building improvements.
On average, the buildings upgraded saw a 17% reduction in total energy use and realized
approximately $32,000 in utility bill savings.
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holycross.com/seventy70thirty
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Clean power. Lower emissions. By 2030.
•Use clean and renewable resources to supply at least 70% of
the power we provide
•Reduce the greenhouse gas emissions associated with our
power supply by 70%
•Accomplish both of these goals with no additional increase in
the cost of our power supply
Our path to a clean energy future. P8I.
With advances in technology and
changes in energy markets, we now
have the opportunity to bring on
new cleaner energy resources at
costs comparable to our existing
supply.
This will allow us to meet our
clean energy goals at no
additional cost while maintaining
the reliable and safe service our
members have expect.
The responsiblepath forward.P9I.
Increase our purchase of renewable energy
Reduce our dependence on coal-fired power generation
Improve the energy efficiency of our network, and the
buildings, vehicles, and businesses connected to it
Invest in new local renewable energy resources directly
connected to our grid and to our homes and businesses
Our pathway
to 70% by
2030
P10I.
Energy Assessments
Community Solar
Renewable Energy
Purchase Program
Efficiency Education
& Rebates
Distributed Solar
Electric Vehicles
Smart Appliances
and Devices
Energy Storage
Reaching our
goal together.
Today.P11I.
Leading the
responsible
transition to a
clean energy
future.P12I.
Small Cell Wireless Infrastructure
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MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Andrea Bryan, Assistant City Attorney
Paul Schultz, Information Technology Director
THRU: Sara Ott, Assistant City Manager
Jessica Garrow, Community Development Director
RE: Small Cell & Wireless Infrastructure Update
DATE: January 22, 2019
PURPOSE & REQUEST OF COUNCIL:
The purpose of this work session is to provide City Council an update regarding small cell
technology and federal and state rules changes that necessitate updates to the City’s wireless
infrastructure regulations, and to get initial direction on next steps.
SMALL CELL BACKGROUND:
Wireless Communications Service Providers (e.g., AT&T, Sprint, T-Mobile, Verizon) are
“densifying” their wireless networks by installing many additional smaller cell sites. The
demand for more bandwidth, desire to improve wireless coverage and capacity, and the ability to
more efficiently use wireless spectrum are driving wireless network densification. The latest
generation of wireless technology, called “5G” (for Fifth Generation) promises faster wireless
data rates, reduced latency (i.e., the time it takes for data to get from one place to another) and
the ability to support many more wireless connections (e.g., supporting Smart Cities and the
“Internet of Things”).
5G deployments began in 2018 and are accelerating around the world, creating an even greater
demand for denser wireless networks and more small cells. These “small cells” can be on
buildings, light poles, mono-poles and can even be underground using special manhole covers. A
small cell site typically includes one or more antennas, radios, electrical connections and fiber
optic cable connections. Two out of four of the major wireless communications service providers
have already approached City of Aspen regarding small cell deployment.
Small cell infrastructure can be deployed tastefully and unobtrusively, or haphazardly and
intrusively. Community aesthetics, the integrity of historic districts, the character of commercial
and residential areas, and the natural character of parks may be undermined by the installation of
this above-grade infrastructure. Communities have approached regulations in a variety of ways,
some of which could be used as models for the City of Aspen, and others are a lesson in what
waiting to address the changing wireless landscape could result in.
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SMALL CELL EXAMPLES:
Staff is concerned that waiting to address this emerging technology could result in wireless
infrastructure that is inconsistent with Aspen’s small town and historic character. A potential
worst-case scenario would be unsightly
lowest priced contractor for each
traditional block length in Aspen is 270 feet. Additionally, e
cable (to carry the wireless data to and from the Small C
and/or boring for conduit, fiber optic cabling and electrical cabling
significant construction impacts.
The images below illustrate how th
implemented.
With some updates to the City’s review process and design requirements, it is possible to allow
5G small cell technology that is more consistent with Aspen’s
result in improved wireless communication services
Small Cell Wireless Infrastructure
Staff is concerned that waiting to address this emerging technology could result in wireless
infrastructure that is inconsistent with Aspen’s small town and historic character. A potential
case scenario would be unsightly wireless infrastructure installed every 150
lowest priced contractor for each wireless communications service provider.
traditional block length in Aspen is 270 feet. Additionally, each cell site requires fiber optic
wireless data to and from the Small Cell) and electricity, as well as trenching
and/or boring for conduit, fiber optic cabling and electrical cabling which can
The images below illustrate how this technology can look when updated regulations are not
Unsightly Small Cells
With some updates to the City’s review process and design requirements, it is possible to allow
5G small cell technology that is more consistent with Aspen’s community character. This could
wireless communication services delivered via compact wireless
Small Cell Wireless Infrastructure
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Staff is concerned that waiting to address this emerging technology could result in wireless
infrastructure that is inconsistent with Aspen’s small town and historic character. A potential
wireless infrastructure installed every 150 feet by the
For reference, a
ach cell site requires fiber optic
as well as trenching
which can all result in
is technology can look when updated regulations are not
With some updates to the City’s review process and design requirements, it is possible to allow
community character. This could
compact wireless
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infrastructure that leverages existing built infrastructure,
communications service providers
Camouflaging or “stealthing” wireless infrastructure may be accomplished using technologies
including radio frequency (RF) “transparent” materials that can be matched to a wide variety of
textures and colors. The images below illustrate how other communities have achieved this type
of camouflaging.
Camouflaged Building
Pole-mounted wireless infrastructure
or underground next to poles, as illustrated in the images below
palate or style of pole that providers would be
method. For instance, this could become part of the City’s standard light pole des
Small Cell Pole Concealment & Example Poles
Small Cell Wireless Infrastructure
existing built infrastructure, that is shared by all wireless
roviders, and that is appropriately hidden and/or camouflaged
Camouflaging or “stealthing” wireless infrastructure may be accomplished using technologies
including radio frequency (RF) “transparent” materials that can be matched to a wide variety of
images below illustrate how other communities have achieved this type
Camouflaged Building-Mounted Small Cells
mounted wireless infrastructure may be concealed by locating wireless infrastructure inside,
, as illustrated in the images below. The City could adopt a standard
palate or style of pole that providers would be “pre-approved” to use if utilizing this location
method. For instance, this could become part of the City’s standard light pole des
Small Cell Pole Concealment & Example Poles
Small Cell Wireless Infrastructure
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ireless
appropriately hidden and/or camouflaged.
Camouflaging or “stealthing” wireless infrastructure may be accomplished using technologies
including radio frequency (RF) “transparent” materials that can be matched to a wide variety of
images below illustrate how other communities have achieved this type
may be concealed by locating wireless infrastructure inside,
The City could adopt a standard
to use if utilizing this location
method. For instance, this could become part of the City’s standard light pole design.
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In some cases, like smaller areas
infrastructure can be implemented entirely underground
special manhole cover.[1] This may be an option
pedestrian malls, where pole mounted or building camouflage applications are more difficult or
less appropriate given historic and community context
Underground Small Cell Components &
Additional creative camouflaged Small Cell designs include “rocks”, flagpoles and
towers” in addition to more common “pine trees”, “cactuses”, etc.
considered for open space or landscaped areas.
Creative
Small Cell Wireless Infrastructure
In some cases, like smaller areas where wireless users congregate, low power wireless
infrastructure can be implemented entirely underground using an antenna module underneath a
This may be an option to explore in Aspen for areas such as the
pedestrian malls, where pole mounted or building camouflage applications are more difficult or
less appropriate given historic and community context.
Underground Small Cell Components & Example Location
Additional creative camouflaged Small Cell designs include “rocks”, flagpoles and
in addition to more common “pine trees”, “cactuses”, etc. These options could be
considered for open space or landscaped areas.
Creative Camouflaged Small Cells
Small Cell Wireless Infrastructure
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, low power wireless
an antenna module underneath a
in Aspen for areas such as the
pedestrian malls, where pole mounted or building camouflage applications are more difficult or
Example Location
Additional creative camouflaged Small Cell designs include “rocks”, flagpoles and “water
These options could be
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Small Cell Wireless Infrastructure
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LEGAL BACKGROUND:
The legal landscape surrounding rapidly-changing wireless infrastructure has also evolved in the
last few years. With respect to small cell infrastructure in particular, there have been several
recent developments in federal and state law under which Aspen must evaluate its wireless
infrastructure code, which was adopted before small cells existed.
First, state law, through HB 1193, was amended in 2017 to create a use-by-right for small cell
facilities in any zone district (subject to local police powers) and shortens the timeframe within
which the City must act on an application for a small cell facility to 90 days. It also gives
providers the right to locate or collocate small cell facilities on a City’s lights poles, traffic
signals, and similar infrastructure in the City’s rights-of-way, also subject to local police powers.
More recently, the Federal Communication Commission (FCC) approved new rules, which took
effect January 14, 2019 imposing new “shot clocks” for the processing of small cell applications
(within 90 days of the date the application is submitted for new stand-alone facilities or 60 days
for facilities collocated on city infrastructure) and limiting the permit fees municipalities can
charge providers, among other regulations. The new FCC order also clarifies that municipalities
are prohibited from adopting regulations that “materially inhibit” a particular small wireless
facility deployment.
This changing technology and legal landscape requires the City to quickly address wireless
regulations to be consistent with new laws while still protecting Aspen’s design and aesthetic
standards.
CODE AMENDMENT OPTIONS:
The City has engaged a telecommunications attorney to evaluate our current code and make
suggested changes. A first draft with his changes is attached as Exhibit A. This draft is in no
way intended to be a final draft, but merely a starting point to facilitate a discussion with Council
about where our wireless infrastructure code may need some change. Based upon feedback from
Council at the work session, staff will work with our attorneys to draft a code that addresses the
concerns and needs of Council, the community, and stakeholders. Staff will also be discussing
this issue with P&Z and HPC in February.
To summarize, the suggested code amendments mainly address the following:
- Adding and changing pertinent definitions to be consistent with state and federal law and
to reflect new technology like small cells
- Amending review procedures for specific wireless facilities requests, consistent with state
and federal law, including “Eligible Facilities Requests,” and requests for small cell
facilities in the public right-of-way, both of which require an expedited review process
pursuant to state and/or federal law. Based on direction from outside counsel, the review
process for these applications should be administrative.
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Small Cell Wireless Infrastructure
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- Adding additional design standards for wireless communications facilities, including
small cell facilities (see Section F. of proposed code amendments titled “Design
Standards”) that emphasize camouflaging and collocation of infrastructure. In addition to
adding design standards in our code, the City may also adopt additional supplemental
design guidelines, so long as they are published.
Notably, pursuant to the FCC order, local governments have until April 14, 2019 to adopt design
standards for small cell facilities, which means the City would need to pass an ordinance
adopting new code amendments with design standards by March 11, 2019 at the latest.
STAFF RECOMMENDATION:
Staff recommends that the city work with Wireless Communications Service and Technology
Providers to share/co-locate wireless infrastructure, leveraging existing city assets (e.g.,
buildings, electrical lines, fiber optic cables, conduit, light pole locations and manholes) for
wireless infrastructure and use appropriate wireless infrastructure stealthing technologies.
Staff also recommends continued work on code amendments to address small cell facilities, with
a goal of adopting the code amendments in late February/early March. In conjunction with the
code amendments, staff will also begin to review potential “master license agreements” (MLAs),
that would be executed between individual carriers and the City for use of the public rights-of-
way for small cells and which set forth the basic parameters for the application, permitting, and
designs that a carrier may use in the rights-of-way.
Staff also desires to meet with vendors to identify preferred designs that may be “pre-approved”
for small cells and begin the process of drafting design guidelines.
Attached is draft code language that addresses the immediate need to comply with state and
federal regulations. Additional work to ensure this technology meets Aspen’s community
aesthetic standards will be needed and can be completed following the initial code amendment.
To develop guidelines sufficient to protect community aesthetics, Community Development staff
will require outside assistance from consultants in the development of FCC-compliant design
guidelines to complement the design guidelines in the new wireless infrastructure code. This
will require a Spring 2019 Supplemental of at least $50,000 if Council desires this work to be
completed this calendar year.
QUESTIONS FOR COUNCIL:
· Does Council support moving forward with the development and adoption of updated
regulations for small cell infrastructure in the City of Aspen?
· What are Council’s primary questions and concerns with the potential impacts of small
cell deployment in the community?
References
[1] M:\city\IT\Projects\Primelime-Wireless_Infrastructure_Info\Aspen Wireless Network
Infrastructure Possibilities v3.pdf
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EXHIBIT A
1
Definitions from 26.104.100
Sec. : DEFINITIONS
All words used in this Section, except where specifically defined herein, shall carry their
customary meanings when not inconsistent with the context. Definitions contained elsewhere in
this Code shall apply to this Section unless modified herein.
Accessory Equipment. Any equipment serving or being used in conjunction with a Wireless
Communications Facility (WCF), including, but not limited to, utility or transmission
equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and
storage sheds, shelters or other structures.
Alternative Tower Structure. Man-made trees, clock towers, water towers, bell steeples, light
poles, traffic signals, buildings, and similar alternative design mounting structures that are
intended to be compatible with the natural setting and surrounding structures, and camouflage or
conceals the presence of antennas or towers so as to make them architecturally compatible with
the surrounding area pursuant to this Section. This term also includes any antenna or antenna
array attached to an Alternative Tower Structure and a Replacement Pole. A stand-alone
Monopole in the Public Right-of-Way that accommodates Small Cell Wireless Facilities is
considered an Alternative Tower Structure to the extent it meets the camouflage and
concealment standards of this Chapter.
Antenna. Any device used to transmit and/or receive radio or electromagnetic waves such as,
but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional
and non-directional antennas consisting of one or more elements, multiple anten na
configurations, or other similar devices and configurations. Any exterior apparatus designed for
telephone, radio, or television communications through the sending and/or receiving of wireless
communications signals.
Base Station. A structure or equipment at a fixed location that enables Federal Communications
Commission ("FCC") licensed or authorized wireless communications between user equipment
and a communications network. The definition of base station does not include or encompass a
tower as defined herein or any equipment associated with a tower. Base station includes, without
limitation:
(1) Equipment associated with wireless communications services such as private broadcast,
and public safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul that, at the time the relevant application is filed with the city
pursuant to this chapter 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; and
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplied, and comparable equipment, regardless of technological configuration (including
distributed antenna systems and small-cell networks) that, at the time the relevant application is
filed with the city pursuant to title 26 of the Code has been reviewed and approved under the
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EXHIBIT A
2
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.
The definition of base station does not include any structure that, at the time the application is
filed with the city under this chapter, does not support or house equipment described herein in
sub-paragraphs 1 and 2 of this definition.
Camouflage, Concealment, Or Camouflage Design Techniques. A Wireless Communication
Facility (“WCF”) is camouflaged or utilizes Camouflage Design Techniques when any measures
are used in the design and siting of Wireless Communication Facilities with the intent to
minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site
utilizes Camouflage Design Techniques when it (i) is integrated in an outdoor fixture such as a
flagpole, or (ii) uses a design which mimics and is consistent with the nearby natural, or
architectural features (such as an artificial tree) or is incorporated into (including, without
limitation, being attached to the exterior of such facilities and painted to match it) or replaces
existing permitted facilities (including without limitation, stop signs or other traffic signs or
freestanding light standards) so that the presence of the WCF is not readily apparent.
Collocation. (1) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying
a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for
purposes of Eligible Facilities Requests, “Collocation” means the mounting or installation of
transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Director. The Community Development Director, or his or her designee.
Eligible Facilities Request. Any request for modification of an Existing Tower that does not
Substantially Change the physical dimensions of such Tower involving: (i) collocation of new
Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement of
Transmission Equipment.
Eligible Support Structure. Any Tower or Base Station as defined in this Section, provided
that it is existing at the time the relevant application is filed with the city under this Section.
Existing Tower or Base Station. A constructed Tower or Base Station that was reviewed,
approved, and lawfully constructed in accordance with all requirements of applicable law as of
the time of an eligible facilities request, provided that a tower that exists as a legal, non-
conforming use and was lawfully constructed is existing for purposes of this definition.
Micro Cell Facility. A small wireless facility that is no larger than 24 inches in length, 15
inches in width, 12 inches in height, and that has an exterior antenna, if any, that is no more than
eleven inches in length.
Monopole. A single, freestanding pole-type structure supporting one or more Antennas.
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EXHIBIT A
3
Public right-of way. A dedicated strip or other area of land on or over which the City and/or
public may travel or use for passage and within which public utilities and/or streets, alleys,
trails, sidewalks and other ways may be installed.
Replacement Pole. A newly constructed and permitted traffic signal, utility pole, street light,
flagpole, electric distribution, or street light poles or other similar structure of proportions and
of equal height or such other height that would not constitute a Substantial Change to a pre-
existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate
collocation and remove the pre-existing pole or structure.
Setback. An area commencing and extending horizontally and vertically from a lot line,
property line or other boundary which shall be unoccupied and unobstructed from the ground
upward, excepting trees, vegetation and/or fences or other structures or projections as allowed.
(See Supplementary Regulations — Section 26.575.040, Yards).
Small Cell Facility. A WCF where each Antenna is located inside an enclosure of no more than
three cubic feet in volume or, in the case of an Antenna that has exposed elements, the antenna
and all of its exposed elements could fit within an imaginary enclosure of no more than three
cubic feet; and primary equipment enclosures are no larger than seventeen cubic feet in volume.
The following associated equipment may be located outside of the primary equipment enclosure
and, if so located, is not included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation box, ground-based enclosure, back-up power
systems, grounding equipment, power transfer switch and cut-off switch. Small cells may be
attached to Alternate Tower Structures, Replacement Pole, and Base Stations.
Substantial Change to a WCF. A modification substantially changes the physical dimensions
of an Eligible Support Structure if after the modification, the structure meets any of the following
criteria:
(i) For Towers, other than Alternative Tower Structures or Towers in the Right-of-Way, it
increases the height of the Tower by more than ten percent (10%) or by the height of one
(1) 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 ten percent (10%) or more than ten (10)
feet, whichever is greater;
(ii) For Towers, other than Towers in the Right-of-Way, it involves adding an appurtenance
to the body of the Tower that would protrude from the Tower more than twenty (20) feet,
or more than the width of the Tower Structure at the level of the appurtenance, whichever
is greater; for Eligible Support Structures, it involves adding an appurtenance to the body
of the structure that would protrude from the side of the structure by more than six (6)
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
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(iv) For Towers in the Right-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 ten
percent (10%) larger in height or overall volume than any other existing, individual
ground cabinets associated with the structure;
(v) For any Eligible Support Structure, it entails any excavation or deployment outside the
current Site;
(vi) For any Eligible Support Structure, it would defeat the concealment elements of the
Eligible Support Structure. For purposes of this definition, any change that undermines
concealment elements of an eligible support structure shall be interpreted as defeating the
concealment elements of that structure; or
(vii) For any Eligible Support Structure, it does not comply with conditions associated with
the siting approval of the construction or modification of the Eligible Support Structure
equipment, unless the non-compliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that would not exceed the thresholds identified in
paragraphs (i), (ii), (iii) and (iv) of this Definition. For purposes of determining whether a
Substantial Change exists, changes in height are 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 are measured from the
dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to February 22, 2012.
Tower. Any structure that is designed and constructed for the sole or primary purpose of
supporting one or more any FCC-licensed or authorized Antennas and their associated facilities,
including structures that are constructed for wireless communications 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. The term
includes self-supporting lattice towers, guyed towers, monopole towers, radio and television
transmission towers, microwave towers, common carrier towers, cellular telephone towers,
Alternative Tower Structures and the like.
Transmission Equipment. Equipment that facilitates transmission for any FCC licensed or
authorized wireless communication 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 communications 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.
Wireless Communications Facility Or WCF. A facility used to provide personal wireless
services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services
provided to the public or to such classes of users as to be effectively available directly to the
public via licensed or unlicensed frequencies; or Smart City, Internet of Things, wireless utility
monitoring and control services. A WCF does not include a facility entirely enclosed within a
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permitted building where the installation does not require a modification of the exterior of the
building; nor does it include a device attached to a building, used for serving that building only
and that is otherwise permitted under other provisions of the Code. A WCF includes an
Antenna or Antennas, including without limitation, direction, omni-directional and parabolic
antennas, support equipment, Alternative Tower Structures, and Towers. It does not include the
support structure to which the WCF or its components are attached if the use of such structures
for WCFs is not the primary use. The term does not include mobile transmitting devices used
by wireless service subscribers, such as vehicle or hand-held radios/telephones and their
associated transmitting Antennas, nor does it include other facilities specifically excluded from
the coverage of this Section.
26.575.130 Wireless communications facilities and equipment
Intent and purpose: The purpose of this chapter is to regulate the placement, construction, and
modification of towers and wireless communications facilities to protect the health, safety and
welfare of the public, while at the same time not unreasonably interfering with the development
of a competitive wireless communications marketplace in the city.
A. In order to accommodate the communications needs of residents and businesses while
protecting the public health, safety, and general welfare of the community, the City Council
finds that these regulations are necessary to:
1. Provide for the managed development and installation, maintenance, modification, and
removal of wireless communications infrastructure in the City with the fewest number of
WCFs to complete a network without unreasonably discriminating against wireless
communications providers of functionally equivalent services including all of those who
install, maintain, operate, and remove WCFs;
2. Promote and protect the public health, safety, and welfare by reducing the visibility of
WCFs to the fullest extent possible through techniques including, but not limited to,
camouflage design techniques, collocation and undergrounding of WCFs and the
equipment associated therewith;
3. Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger
WCFs;
4. Encourage strongly the collocation of WCFs at new and existing locations; and
5. Effectively manage WCFs in the public Right-of-Way.
6. Preserve the character and aesthetics of areas which are in close proximity to WCFs and
equipment by minimizing the visual, aesthetic and safety impacts of such facilities
through careful design, siting and screening; placement, construction or modification of
such facilities;
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7. Protect the health, safety and welfare of persons living or working in the area
surrounding such WCFs and equipment from possible adverse environmental effects
(within the confines of the Federal Telecommunications Act of 1996) related to the
placement, construction or modification of such facilities;
8. Provide development which is compatible in appearance with allowed uses of the
underlying zone;
9. Facilitate the City's permitting process to encourage fair and meaningful competition
and, to the greatest extent possible, extend to all people in all areas of the City high
quality wireless telecommunication services at reasonable costs to promote the public
welfare; and
10. Encourage the joint use and clustering of antenna sites and structures, when practical, to
help reduce the number of such facilities which may be required in the future to service
the needs of customers and thus avert unnecessary proliferation of facilities on private
and public property.
B. Applicability. All applications for the installation or development of WCFs and/or equipment
must receive building permits, prior to installation. Prior to the issuance of appropriate
building permits, WCFs and/or equipment shall be reviewed for approval by the Community
Development Director in conformance with the provisions and criteria of this Section. WCFs
and equipment subject to the provisions and criteria of this Section include without limitation,
WCFs within the Public Rights of Way, cellular telephone, paging, enhanced specialized
mobile radio (ESMR), personal communication services (PCS), commercial mobile radio
service (CMRS) and other wireless commercial telecommunication devices and all associated
structures and equipment including transmitters, antennas, monopoles, towers, masts and
microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply
to noncommercial satellite dish antennae, radio and television transmitters and antennae
incidental to residential use. All references made throughout this Section, to any of the
devices to which this Section is applicable, shall be construed to include all other devices to
which this Section 26.575.130 is applicable.
C. Operational Standards
1. Federal Requirements. All WCFs shall meet the current standards and regulations of the
FAA, the FCC and any other agency of the federal government with the authority to regulate
WCFs, including, without limitation, the requirement that WCFs shall not present a hazard to
air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. If such
standards and regulations are changed, then the owners of the WCF shall bring such facility
into compliance with such revised standards and regulations within the time period mandated
by the controlling federal agency. Failure to meet such revised standards and regulations shall
constitute grounds for the removal of the WCF at the WCF owner’s expense.
2. Radio Frequency Standards. All WCFs shall comply with federal standards for radio
frequency emissions. If concerns regarding compliance with radio frequency emissions
standards for a WCF have been made to the City, the City may request that the owner or
operator of the WCF provide information demonstrating compliance. If such information
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suggests, in the reasonable discretion of the City, that the WCF may not be in compliance, the
City may request and the owner or operator of the WCF shall submit a project implementation
report which provides cumulative field measurements of radio frequency emissions of all
antennas installed at the subject site, and which compares the results with established federal
standards. If, upon review, the City finds that the facility does not meet federal standards, the
City may require corrective action within a reasonable period of time, and if not corrected,
may require removal of the WCF pursuant to paragraph (A) above. Any reasonable costs
incurred by the City, including reasonable consulting costs to verify compliance with these
requirements, shall be paid by the owner of the WCF.
3. Signal Interference. All WCFs shall be designed and sited, consistent with applicable
federal regulations, so as not to cause interference with the normal operation of radio,
television, telephone and other communication services utilized by adjacent residential and
non-residential properties; nor shall any such facilities interfere with any public safety
communications. The Applicant shall provide a written statement from a qualified radio
frequency engineer, certifying that a technical evaluation of existing and proposed facilities
indicates no potential interference problems and shall allow the City to monitor interference
levels with public safety communications during this process. Additionally, the Applicant
shall notify the City at least ten calendar days prior to the introduction of new service or
changes in existing service, and shall allow the City to monitor interference levels with public
safety communications during the testing process.
4. License to Use. The Applicant shall execute a license agreement with the City, granting
a non-exclusive license to use the Public Right-of-Way. Attachment of WCFs on an existing
traffic signal, street light pole, or similar structure shall require written evidence of a license,
or other legal right or approval, to use such structure by its owner.
5. Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a
WCF shall ensure that it is maintained in compliance with the standards contained in
applicable local building and safety codes. If upon inspection, the City concludes that a WCF
fails to comply with such codes and constitutes a danger to persons or property, then, upon
written notice being provided to the owner of the WCF, the owner shall have 30 days from the
date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the
City’s Chief Building Official may extend such compliance period not to exceed 90 days from
the date of said notice. If the owner fails to bring such WCF into compliance within said time
period, the City may remove such WCF at the owner’s expense.
6. Abandonment and Removal. If a WCF has not been in use for a period of three months,
the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is
expected within the ensuing three months. Any WCF that is not operated for a continuous
period of six months shall be considered abandoned. The City, in its sole discretion, may
require an abandoned WCF to be removed. The owner of such WCF shall remove the same
within 30 days of receipt of written notice from the City. If such WCF is not removed within
said 30 days, the City may remove it at the owner’s expense and any approved permits for the
WCF shall be deemed to have expired. Additionally, the City, in its sole discretion, shall not
approve any new WCF application until the Applicant who is also the owner or operator of
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any such abandoned WCF has removed such WCF or payment for such removal has been
made to the City.
7. Hazardous Materials. No hazardous materials shall be permitted in association with
WCFs, except those necessary for the operations of the WCF and only in accordance with all
applicable laws governing such materials.
8. Collocation. No WCF owner or operator shall unreasonably exclude a
telecommunications competitor from using the same facility or location. Upon request by the
Community Development Department, the owner or operator shall provide evidence
explaining why Collocation is not possible at a particular facility or site.
D. Review Procedures and Requirements. No new WCF shall be constructed and no
Collocation or modification to any WCF may occur except after a written request from an
applicant, reviewed and approved by the City in accordance with this Chapter. All WCFs
except Eligible Facilities Requests which are reviewed under subsection [XX] of this Section,
shall be reviewed pursuant to the following procedures.
1. Review Procedures for certain WCFs, including Base Stations, Alternative Tower
Structures, and Alternative Tower Structures within Public Rights-of-Way, but excepting
Eligible Facilities Requests, and Small Cell Facilities in the Right-of-Way. In all zoning
districts, applications for these WCF facilities shall be reviewed by the Community
Development Department for conformance to this Section and using the Design Review
procedures set forth in Section _______. For WCFs in the rights-of-way that are found to have
a significant visual impact (e.g.. proximity to historical sites, obstructing views), be
incompatible with the structure or surrounding area, or not meet the intent of these provisions,
the Community Development Department may refer the application to Planning Commission
for a Use by Special Review determination.
2. Review Procedures for Towers. In all zoning districts, Towers, other than those defined
or excepted in (1) above, must apply for Use by Special Review approval. These WCFs shall
be reviewed for conformance using the procedures set forth in Section ________. All
applications for Towers shall demonstrate that other alternative design options, such as using
Base Stations or Alternative Tower Structures, are not viable options as determined by the
City.
3. Review Procedures for Eligible Facilities Requests.
a) In all zoning districts, Eligible Facilities Requests shall be considered a
permitted use, subject to administrative review. The City shall prepare, and
from time to time revise, and make publicly available, an application form
which shall require submittal of information necessary for the City to consider
whether an application is an Eligible Facilities Request. Such required
information may include, without limitation, whether the project:
i Constitutes a Substantial Change;
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ii Violates a generally applicable law, regulation, or other rule
codifying objective standards reasonably related to public health and
safety.
The application shall not require the applicant to demonstrate a need or
business case for the proposed modification or Collocation.
b) Upon receipt of an application for an Eligible Facilities Request pursuant
to this Section, the Community Development Department shall review such
application to determine whether the application so qualifies.
c) Timeframe for Review. Subject to the tolling provisions of subparagraph
d. below, within 60 calendar days of the date on which an applicant submits an
application seeking approval under this Section, the City shall approve the
application unless it determines that the application is not covered by this
Subsection, or otherwise in non-conformance with applicable codes.
d) Tolling of the Timeframe for Review. The 60-day review period begins
to run when the application is filed, and may be tolled only by mutual
agreement of the City and the applicant, or in cases where the Community
Development Department determines that the application is incomplete:
i To toll the timeframe for incompleteness, the City must provide
written notice to the applicant within 30 business days of receipt of
the application, specifically delineating all missing documents or
information required in the application;
ii The timeframe for review begins running again the following
business day after the applicant makes a supplemental written
submission in response to the City’s notice of incompleteness; and
iii Following a supplemental submission, the City will notify
the applicant within ten (10) business days that if the supplemental
submission did not provide the information identified in the original
notice delineating missing information. The timeframe is tolled in
the case of second or subsequent notices pursuant to the procedures
identified in paragraph (d)(1). In the case of a second or subsequent
notice of incompleteness, the City may not specify missing
information or documents that were not delineated in the original
notice of incompleteness.
e) Failure to Act. In the event the City fails to act on a request seeking
approval for an Eligible Facilities Request under this Section within the
timeframe for review (accounting for any tolling), the request shall be deemed
granted. The request becomes effective when the applicant notifies the City in
writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
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f) Interaction with Telecommunications Act Section 332(c)(7). If the City
determines that the applicant’s request is not an Eligible Facilities Request as
delineated in this Chapter, the presumptively reasonable timeframe under
Section 332(c)(7) of the Telecommunication Act, as prescribed by the FCC’s
Shot Clock order, will begin to run from the issuance of the City’s decision that
the application is not a covered request. To the extent such information is
necessary, the City may request additional information from the applicant to
evaluate the application under Section 332(c)(7) reviews.
4. Review Procedures for Small Cell Facilities in the Public Right-of-Way.
a) Small Cell Facilities in the Public Right-of-Way may be approved
pursuant to a Master License Agreement or similar form of
authorization or individually in accordance with the provisions of this
subsection.
b) Within thirty (30) days of receipt of the application, the Director shall
provide written comments to the applicant determining completeness of
the application and setting forth any modifications required to complete
the application bring the proposal into full compliance with the
requirements of this Chapter.
c) The Director shall review the completed application for conformance with
the provisions in this Chapter may approve or deny an application within
90 days of the date the application is submitted for new stand-alone
facilities or 60 days for facilities collocated on city infrastructure.
1. To toll the timeframe for incompleteness, the City must provide
written notice to the Applicant within thirty (30) days of receipt of
the application, specifically delineating all missing documents or
information required in the application;
2. The timeframe for review continues running again when the
Applicant makes a supplemental written submission in response to
the City’s notice of incompleteness; and
3. Following a supplemental submission, the City will notify the
Applicant within ten (10) days that the supplemental submission
did not provide the information identified in the original notice
delineating missing information. The timeframe is tolled in the
case of second or subsequent notices pursuant to the procedures
identified in paragraph (b.)(1.). In the case of a second or
subsequent notice of incompleteness, the City may not specify
missing information or documents that were not delineated in the
original notice of incompleteness.
d) Consolidated applications. The City shall allow a wireless provider to file
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a consolidated application for up to twenty small cell facilities and receive
a single permit for the small cell network. The City’s denial of any
individual small cell facility is not a basis to deny the application as a
whole or any other small cell facility incorporated within the consolidated
application.
5. General. Except for applications under subsections 3 and 4 above, pursuant to Section
26.304.020, the applicant shall conduct a pre-application conference with staff of the
Community Development Department. The planner shall then prepare a pre-application
summary describing the submission requirements and any other pertinent land use material,
the fees associated with the reviews and the review process in general.
6. Administrative review. Except for applications under subsections 3 and 4 above, after the pre-
application summary is received by the applicant, said applicant shall prepare an application
for review and approval by staff and the Community Development Director, respectively. In
order to proceed with additional land use reviews or obtain a development order, the
Community Development Director shall find the submitted development application consistent
with the provisions, requirements and standards of this Chapter.
7. Decision. Any decision to approve, approve with conditions, or deny an application for a
WCF, shall be in writing and supported by substantial evidence in a written record. The
applicant shall receive a copy of the decision.
8. Appeal of Director's determination. The Community Development Director may apply
reasonable conditions to the approval as deemed necessary to ensure conformance with
applicable review criteria in Subsection 26.575.130.F. If the Community Development
Director determines that the proposed WCFs and equipment do not comply with the review
criteria and denies the application or the applicant does not agree to the conditions of approval
determined by the Community Development Director, the applicant may apply for special
review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the
Historic Preservation Commission, and such application must be made within fifteen (15)
calendar days of the day on which the Community Development Director's decision is
rendered. All appeals shall require public hearings and shall be noticed by the applicant in
accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code.
9. Historic Preservation Commission review. Proposals for the location of WCFs or equipment
on any historic site or structure or within any historic district, shall be reviewed by the Historic
Preservation Commission (HPC). Review of applications for WCFs and/or equipment by the
HPC shall replace the need for review by the Community Development Director. Likewise, if
the Historic Preservation Commission determines that the proposed WCFs and equipment do
not comply with the review criteria and denies the application or the applicant does not agree
to the conditions of approval determined by the Historic Preservation Commission, the
applicant may appeal the decision to the City Council, and such appeal must be filed within
fifteen (15) calendar days of the day on which the Historic Preservation Commission's
decision is rendered. All appeals shall require public hearings and shall be noticed by the
applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code.
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10. Building permit. A building permit application cannot be filed unless and until final land use
approval has been granted and a development order has been issued. When applying for
building permits, the applicant shall submit a signed letter acknowledging receipt of the
decision granting land use approval and his/her agreement with all conditions of approval, as
well as a copy of the signed document granting the land use approval for the subject building
permit application.
11. Right of Way permit. A Right of Way permit application cannot be filed unless and until final
land use approval has been granted and a development order has been issued. When applying
for Right of Way permits, the applicant shall submit a signed letter acknowledging receipt of
the decision granting land use approval and his/her agreement with all conditions of approval,
as well as a copy of the signed document granting the land use approval for the subject
building permit application.
12. Special review. An application requesting a variance from the review standards for height of
WCFs and/or equipment or an appeal of a determination made by the Community
Development Director, shall be processed as a special review in accordance with the common
development review procedures set forth in Chapter 26.304. The special review shall be
considered at a public hearing for which notice has been posted and mailed, pursuant to
Paragraphs 26.304.060.E.3.b and c.
Review is by the Planning and Zoning Commission. If the property is listed on the
Aspen inventory of historic landmark sites and structures or within a Historic
Overlay District and the application has been authorized for consolidation pursuant
to Chapter 26.304, the Historic Preservation Commission shall consider the special
review.
Such special review may be approved, approved with conditions or denied based on
conformance with the following criteria:
a) Conformance with the applicable review standards of Subsection 26.575.130.F.
b) If the facility or equipment is located on property listed on the Aspen
inventory of historic landmark sites and structures or within any historic district,
then the applicable standards of Chapter 26.415 (Development involving the
Aspen inventory of historic landmark sites and structures or development in an
"H," Historic Overlay District) shall apply.
13. Application. An application for approval of new WCFs and modified or additional
WCFs that are not Eligible Facilities Requests or Small Cell Facilities Requests shall comply
with the submittal requirements applicable to conditional use reviews pursuant to Chapter
26.304, Common development review procedures and Chapter 26.425, Conditional uses of the
Aspen Municipal Code. Also, WCFs and equipment applications shall contain at least the
following additional information:
a) Site plan or plans drawn to a scale of one (1) inch equals ten (10) feet or
one (1) inch equals twenty (20) feet, including "before and after" photographs
(simulations) specifying the location of antennas, support structures,
transmission buildings and/or other accessory uses, access, parking, fences,
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signs, lighting, landscaped areas and all adjacent land uses within one hundred
fifty (150) feet. Such plans and drawings should demonstrate compliance with
the review standards of this Section.
b) Site improvement survey including topography and vegetation showing
the current status, including all easements and vacated rights of way, of the
parcel certified (wet ink signed and stamped and dated within the past twelve
(12) months) by a registered land surveyor, licensed in the State.
c) Landscape plan drawn to a scale of one (1) inch equals ten (10) feet or
one (1) inch equals twenty (20) feet, including "before and after" photographs
(simulations) indicating size, spacing and type of plantings and indicating steps
to be taken to provide screening as required by the review standards of this
Section. The landscape plans shall also indicate the size, location and species
of all existing vegetation and whether each of those indicated are proposed for
removal (indicate proposed mitigation), relocation (indicate from and to) or
preservation. The planner can determine if a landscape plan is necessary; for
instance, when an antenna is to be attached to a building, this requirement may
be waived.
d) Elevation drawings or "before and after" photographs/drawings
simulating and specifying the location and height of antennas, support
structures, transmission buildings and/or other accessory uses, fences and signs.
e) Lighting plan and photometric study indicating the size, height, location
and wattage of all proposed outdoor lighting sources. This study must also
include a graphic indicating backlight, up-light, and glare of light from each
source/fixture. This requirement can be waived by the Community
Development Director if little or no outdoor lighting is proposed.
f) Structural integrity report from a professional engineer licensed in the
State documenting the following:
i Tower height and design, including technical, engineering,
economic and other pertinent factors governing selection of the
proposed design;
ii Total anticipated capacity of the structure, including number and
types of antennas which can be accommodated;
iii Failure characteristics of the tower and demonstration that
site and setbacks are of adequate size to contain debris in the event
of failure; and
iv Specific design and reconstruction plans to allow shared
use. This submission is required only in the event that the applicant
intends to share use of the facility by subsequent reinforcement and
reconstruction of the facility.
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v Specific design considerations for impact or breakaway
characteristics as required in specific roadway right of ways
g) Evidence that an effort was made to locate on an existing wireless
telecommunication services facility site including coverage/ interference
analysis and capacity analysis and a brief statement as to other reasons for
success or no success.
h) Written documentation in the form of a signed affidavit demonstrating a
good faith effort in locating facilities in accordance with site selection order of
preference outline below.
i) Inventory of Existing Sites. Each applicant for a WCF shall provide to the
Community Development Department a narrative description and a map of the
applicant’s existing or currently proposed WCFs within the City, and outside of
the City within one mile of its boundaries. In addition, the applicant shall
inform the City generally of the areas in which it believes WCFs may need to be
located within the next three (3) years. The inventory list should identify the
site name, address, and a general description of the Facility (i.e., rooftop
Antennas and ground-mounted equipment). This provision is not intended to be
a requirement that the applicant submit its business plan, proprietary
information, or make commitments regarding locations of WCFs within the
City. This information will be used to assist in the City’s comprehensive
planning process, and promote Collocation by identifying areas in which WCFs
might be appropriately constructed for multiple users.
The Community Development Department may share such information with
other applicants applying for administrative approvals or conditional permits
under this section or other organizations seeking to locate WCFs within the
jurisdiction of the City, provided however, that the Community Development
Department, is not, by sharing such information, in any way representing or
warranting that such sites are available or suitable.
j) Abandonment and Removal. Affidavits shall be required from the owner
of the property and from the applicant acknowledging that each is responsible
for the removal of a WCF that is abandoned or is unused for a period of six (6)
months.
14. Compliance with Applicable Law. Notwithstanding the approval of an application for
new WCFs or Eligible Facilities Request as described herein, all work done pursuant to WCF
applications must be completed in accordance with all applicable building, structural,
engineering, electrical, and safety requirements as set forth in the Aspen Municipal Code and
any other applicable laws or regulations. In addition, all WCF applications shall comply with
the following:
a) Comply with any permit or license issued by a local, state, or federal
agency with jurisdiction of the WCF;
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b) Comply with easements, covenants, conditions and/or restrictions on or
applicable to the underlying real property;
c) Be maintained in good working condition and to the standards established
at the time of application approval; and
d) 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 ten calendar days from the time of notification by the City or
after discovery by the owner or operator of the Site. Notwithstanding the
foregoing, any graffiti on WCFs located in the Public Rights-of-Way or on
Public Property may be removed by the City at its discretion, and the owner
and/or operator of the WCF shall pay all costs of such removal within 30 days
after receipt of an invoice from the City.
E. General provisions and requirements. The following provisions apply to all WCFs and
equipment applications, sites and uses.
1. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to
support a variety of antennae; these towers generally range in height from sixty (60) to two
hundred (200) feet and are constructed in areas where great height is needed, microwave
antennas are required or where the weather demands a more structurally sound design) are
prohibited within the City.
Towers (support structures) shall be prohibited in the following Zone Districts:
Medium-Density Residential (R-6); Moderate-Density Residential (R-15, R-15A, R-
15B); Low-Density Residential (R-30); Residential Multi-Family (RMF, RMFA);
and Affordable Housing/Planned Unit Development (AH-1/PUD); Conservation (C);
Agricultural (Ag); Park (P); Open Space (OS); Rural Residential (RR).
All WCFs and equipment not prohibited by the preceding statements shall be allowed
in all other zone districts subject to review and approval by the Community
Development Director pursuant to the provisions, requirements and standards of this
Chapter, including consistency with the dimensional requirements of the underlying
zone district.
2. Site selection. Except for Small Cell Facilities in the Public Rights-of-Way, Wireless
communication facilities shall be located in the following order of preference:
First: Collocated on existing structures such as buildings, communication
towers, flagpoles, church steeples, cupolas, ball field lights,
nonornamental/antique street lights such as highway lighting, etc.
Second: In locations where the existing topography, vegetation, buildings or other
structures provide the greatest amount of screening.
Least: On vacant ground or highly visible sites without significant visual
mitigation and where screening/buffering is difficult at best.
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3. Historic sites and structures. In addition to the applicable standards of Chapter 26.415, all of
the foregoing and following provisions and standards of this Chapter shall apply when
wireless telecommunication services, facilities and equipment are proposed on any historic site
or structure or within any historic district.
4. Public buildings, structures and rights-of-way. Leasing of public buildings, publicly owned
structures and/or public rights-of-way for the purposes of locating WCFs and/or equipment is
encouraged. In cases where a facility is proposed on City property that is not in the Public
Right-of-Way, specific locations and compensation to the City shall be negotiated in lease
agreements between the City and the provider on a case-by-case basis and would be subject to
all of the review criteria contained in this Section. Such agreements would not provide
exclusive arrangements that could tie up access to the negotiated sites or limit competition and
must allow for the possibility of Collocation with other providers as described in Subsection
F.2, below.
F. Design Standards. The requirements set forth in this Section shall apply to the location and
design of all WCFs governed by this Chapter as specified below; provided, however, that the
City may waive these requirements if it determines that the goals of this Chapter are better
served thereby. To that end, WCFs shall be designed and located to minimize the impact on the
surrounding neighborhood and to maintain the character and appearance of the City, consistent
with other provisions of this Code. Camouflage/Concealment. All WCFs and any Transmission
Equipment shall, to the extent possible, use Camouflage Design Techniques including, but not
limited to the use of industry best practices materials, colors, textures, screening,
undergrounding, landscaping, or other design options that will blend the WCF into the
surrounding natural setting and built environment.
a) Camouflage design may be of heightened importance where findings of
particular sensitivity are made (e.g. proximity to historic, natural, or aesthetically
significant structures or areas, views, and/or community features or facilities). In
such instances where WCFs are located in areas of high visibility, they shall (where
possible) be designed (e.g., placed underground, inside of existing structure,
depressed, or located behind earth berms) to minimize their profile.
b) The camouflage design may include the use of Alternative Tower Structures
should the Community Development Department determine that such design meets
the intent of this Code and the community is better served thereby.
c) All WCFs, such as Antennas, vaults, equipment rooms, equipment enclosures,
and tower structures shall be constructed out of non-reflective materials (visible
exterior surfaces only). And shall utilize a color palette that mimics or complements
adjacent structures.
2. Collation. Collocation of facilities with other providers is encouraged. Collocation can
be achieved as either building-mounted, roof-mounted or ground-mounted facilities. In
designing or retrofitting Towers, applicants are strongly encouraged to consider the
possibility of present or future co-location of other WCFs by structurally overbuilding in
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order to handle the loading capacity of additional WCFs, for the use of the applicant and
for other wireless service providers to use as well. Applicants shall use good faith efforts
to negotiate lease rights to other users who desire to use an approved WCF site.
Collocation on an existing support structure shall be permitted as an accessory use.
Projections of any type on the monopole, which are not antennas, are strongly discouraged.
a) Multiple use facilities are encouraged as well. WCFs and equipment may be
integrated into existing, replacement of existing, or newly developed facilities that
are functional for other purposes, such as ball field lights, flagpoles, church steeples,
highway lighting, etc. All multiple use facilities shall be designed to make the
appearance of the antennae relatively inconspicuous.
b) The collocation requirement may be waived by the Community Development
Director upon a showing that either federal or state regulations prohibit the use, the
proposed use will interfere with the current use, the proposed use will interfere with
surrounding property or uses, the proposed user will not agree to reasonable terms or
such co-location is not in the best interest of the public health, safety or welfare.
Time needed to review a colocation request shall not greatly exceed that for a single
applicant.
3. Setbacks. At a minimum, except for WCFs in the Public Right-of-Way all WCFs shall
comply with the minimum setback requirements of the underlying zone district; if the
following requirements are more restrictive than those of the underlying zone district, the
more restrictive standard shall apply.
a) All facilities shall be located at least fifty (50) feet from any property lines, except
when roof-mounted (above the eave line of a building). Flat-roof mounted facilities
visible from ground level within one-hundred (100) feet of said property shall be
concealed to the extent possible within a compatible architectural element, such as a
chimney or ventilation pipe or behind architectural skirting of the type generally
used to conceal HVAC equipment. Pitched-roof-mounted facilities shall always be
concealed within a compatible architectural element, such as chimneys or ventilation
pipes.
b) Monopole towers shall be set back from any residentially zoned properties a
distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot
setback would be required for a twenty (20) foot monopole) and the setback from
any public road, as measured from the right-of-way line, shall be at least equal to the
height of the monopole.
c) No wireless communication facility may be established within one-hundred (100)
feet of any existing, legally established wireless communication facility except when
located on the same building or structure.
d) No portion of any antenna array shall extend beyond the property lines or into any
front yard area. Guy wires shall not be anchored within any front yard area, but may
be attached to the building.
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e) Any alternative tower utilizing existing facilities shall meet all Right-of-Way design
guidelines. Considerations should be given to the general safety of the traveling
public.
4. Height. The following restrictions shall apply:
a) WCFs not attached to a building shall not exceed twenty-five (25) feet in height
or the maximum permissible height of the given Zone District, whichever is more
restrictive.
b) Whenever a WCF antenna is attached to a building roof, the antenna and support
system for panel antennas shall not exceed five (5) feet above the highest portion of
that roof, including parapet walls and the antenna and support system for whip
antennas shall not exceed ten (10) feet in height as measured from the point of
attachment.
c) The Community Development Director may approve a taller antenna height than
stipulated in b. above if it is his or her determination that it is suitably camouflaged,
in which case an administrative approval may be granted.
d) If the Community Development Director determines that an antenna taller than
stipulated in b. above cannot be suitably camouflaged, then the additional height of
the antenna shall be reviewed pursuant to the process and standards (in addition to the
standards of this Section) of Chapter 26.430 (Special review).
e) Support and/or switching equipment shall be located inside the building, unless it
can be fully screened from view as provided in the "Screening" standards (26.475.130
and 26.575.130.F.5) below.
5. Architectural compatibility. WCFs shall be consistent with the architectural style of the
surrounding architectural environment (planned or existing) considering exterior materials,
roof form, scale, mass, color, texture and character. In addition:
a) If such WCF is accessory to an existing use, it shall be constructed out of materials
that are equal to or of better quality than the materials of the principal use and shall
exhibit compatible architectural characteristics to the principal use.
b) WCF equipment shall be of the same color as the building or structure to which or on
which such equipment is mounted or as required by the appropriate decision-making
authority (Community Development Director, Historic Preservation Commission,
Planning and Zoning Commission or City Council, as applicable).
c) Whenever WCF equipment is mounted to the wall of a building or structure, the
equipment shall be mounted in a configuration designed to blend with and be
architecturally integrated into a building or other concealing structure, be as flush to
the wall as technically possible and shall not project above the wall on which it is
mounted.
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d) Monopole support buildings, which house switching devices and/or other equipment
related to the use, operation or maintenance of the subject monopole, must be
designed to match the architecture of adjacent buildings. If no recent and/or
reasonable architectural theme is present, the Community Development Director may
require a particular design that is deemed to be suitable to the subject location.
e) All utilities associated with WCFs shall be underground (also see "Screening"
below).
6. Compatibility with the natural environment. WCFs shall be compatible with the
surrounding natural environment considering land forms, topography and other natural
features and shall not dominate the landscape or present a dominant silhouette on a ridge
line. In addition:
a) If a location at or near a mountain ridge line is selected, the applicant shall provide
computerized, three-dimensional, visual simulations of the WCF and other
appropriate graphics to demonstrate the visual impact on the view of the affected
ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of
Section 26.435.030, may also be required.
b) Site disturbances shall be minimized and existing vegetation shall be preserved or
improved to the extent possible, unless it can be demonstrated that such disturbance
to vegetation and topography results in less visual impact to the surrounding area.
c) Surrounding view planes shall be preserved to the extent possible.
7. Screening. All WCF equipment, including accessory equipment, shall be screened from
adjacent and nearby public rights-of-way and public or private properties placing
equipment internal to the structure, by paint color selection, parapet walls, screen walls,
fencing, landscaping and/or berming in a manner compatible with the building's and/or
surrounding environment's design, color, materials, texture, land forms and/or topography,
as appropriate or applicable. In addition:
a) Whenever possible, if monopoles are necessary for the support of antennas, they
shall be located near existing utility poles while maintaining National Electric Safety
Code clearance and/or other governing regulations, trees or other similar objects;
consist of colors and materials that best blend with their background; and, have no
individual antennas or climbing spikes on the pole other than those approved by the
appropriate decision-making authority (Community Development Director, Historic
Preservation Commission, Planning and Zoning Commission or City Council, as
applicable).
b) For ground-mounted facilities, landscaping may be required to achieve a total
screening effect at the base of such facilities or equipment in order to screen the
mechanical characteristics; a heavy emphasis on coniferous plants for year-round
screening may be required. Landscaping shall be of a type and variety capable of
growing within one (1) year to a landscape screen which satisfactorily obscures the
visibility of the facility.
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c) Unless otherwise expressly approved, all cables for a WCF shall be fully concealed
from view underground or inside of the screening or monopole structure supporting
the antennas; any cables that cannot be buried or otherwise hidden from view shall be
painted to match the color of the building or other existing structure.
d) Chain link fencing shall be unacceptable to screen facilities, support structures or
accessory and related equipment (including HVAC or mechanical equipment present
on support buildings); fencing material, if used, shall be six (6) feet in height or less
and shall consist of wood, masonry, stucco, stone or other acceptable materials that
are opaque.
e) Notwithstanding the foregoing, the WCF shall comply with all additional measures
deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these
screening standards, the Community Development Director may allow use of an
alternate detailed plan and specifications for landscape and screening, including
plantings, fences, walls, sign and structural applications, manufactured devices and
other features designed to screen, camouflage and buffer antennas, poles and
accessory uses. The plan should accomplish the same degree of screening achieved
by meeting the standards outlined above.
8. Lighting and signage. WCFs shall not be artificially lighted, unless required by the FAA or
other applicable governmental authority, or the WCF is mounted on a light pole or other
similar structure primarily used for lighting purposes. If lighting is required it shall
conform to other applicable sections of the code regulating signage or outdoor lighting.,
The following standards shall apply to WCFsand equipment:
a) The light source for security lighting shall feature down-directional, sharp cut-off
luminaries to direct, control, screen or shade in such a manner as to ensure that there
is no spillage of illumination off-site.
b) Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12)
feet in height as measured from finished grade.
c) The display of any sign or advertising device other than public safety warnings,
certifications or other required seals on any wireless communication device or
structure is prohibited.
d) The telephone numbers to contact in an emergency shall be posted on each facility in
conformance with the provisions of Chapter 26.510, Signs, of this Title.
9. Noise. Noise generated on the site must not exceed the levels permitted in this Code,
except that a WCF owner or operator shall be permitted to exceed Code noise standards for
a reasonable period of time during repairs, not to exceed two hours without prior
authorization from the City.
10. Additional design requirements shall be applicable to the various types of WCFs as
specified below:
a) Base Stations. If an antenna is installed on a structure other than a Tower or
Alternative Tower Structure, such as a Base Station (including, but not limited to the
antennas and accessory equipment) it shall be of a neutral, non-reflective color that is
identical to, or closely compatible with, the color of the supporting structure, or uses
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other camouflage/concealment design techniques so as to make the antenna and
related facilities as visually unobtrusive as possible, including for example, without
limitation, painting the Antennas and accessory equipment to match the structure.
Additionally, any ground mounted equipment shall be located in a manner necessary
to address both public safety and aesthetic concerns in the reasonable discretion of
the Manager, and may, where appropriate, require a flush-to-grade underground
equipment vault.
b) Alternative Tower Structures not in the Public Right-of-Way.
i Alternative Tower Structures shall be designed and constructed to look
like a building, facility, or structure typically found in the area.
ii Be camouflaged/concealed consistent with other existing natural or
manmade features near the location where the Alternative Tower Structure
will be located.
iii Such structures shall be architecturally compatible with the surrounding
area;
iv Height or size of the proposed alternative tower structure should be
minimized as much as possible;
v WCFs shall be sited in a manner that evaluates the proximity of the
facility to residential structures and residential district boundaries;
vi WCFs should take into consideration the uses on adjacent and nearby
properties and the compatibility of the facility to these uses;
vii Compatibility with the surrounding topography;
viii Compatibility with the surrounding tree coverage and foliage;
ix Compatibility of the design of the site, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness; and
x Impact on the surrounding area of the proposed ingress and egress, if any.
c) Alternative Tower Structures in the Public Right-of-Way. Alternative Tower
Structures and associated Small Cells, or Micro Cells may be deployed in the Public
Right-of-Way through the utilization of a street light pole, distribution lines, utility
poles, traffic signal or similar structure. Such facilities shall remain subject to the
Alternative Tower Structures standards of approval noted above, and subject to the
following additional design criteria below:
i To the extent that an Alternative Tower Structure is a vertical structure
located in the Public Right-of-Way, with respect to its pole-mounted
components, be located on or within an existing utility pole serving another
utility;
ii With respect to its pole components, such components shall be located on
or within a new utility pole, if there are no reasonable alternatives, and the
Applicant is authorized to construct the new utility poles; or
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iii To the extent reasonably feasible, be consistent with the size and shape of
the pole-mounted equipment installed by communications companies on
utility poles near the Alternative Tower Structure;
iv Be sized to minimize the negative aesthetic impacts to the Public Right-
of-Way;
v Be designed such that antenna installations on traffic signal standards are
placed in a manner so that the size, appearance, and function of the signal will
not be considerably altered.
vi Require that any ground mounted equipment shall be located in a manner
necessary to address both public safety and aesthetic concerns in the
reasonable discretion of the Director, and may, where appropriate, require a
flush-to-grade underground equipment vault.
vii Not alter vehicular circulation or parking within the Right-of-Way or
impede vehicular, bicycle, or pedestrian access or visibility along the Right-
of-Way. The Alternative Tower Structure must comply with the Americans
With Disabilities Act and every other local, state, and federal law and
regulations. No Alternative Tower Structure may be located or maintained in
a manner that causes unreasonable interference. Unreasonable interference
means any use of the Right-of-Way that disrupts or interferes with its use by
the City, the general public, or other person authorized to use or be present
upon the Right-of-way, when there exists an alternative that would result in
less disruption or interference. Unreasonable interference includes any use of
the Right-of-way that disrupts vehicular or pedestrian traffic, any interference
with public utilities, and any other activity that will present a hazard to public
health, safety, or welfare.
viii The pole or structure is not more than 5 feet taller (as measured from the
ground to the top of the pole) than any existing utility or traffic signal pole
within a radius of 500 feet of the pole or structure.
ix Any such pole shall in no case be higher than 25 feet in height or the
maximum permissible height of the given Zone District, whichever is more
restrictive .
x Any such pole shall be separated from any other wireless communication
facility in the Right-of-Way by a distance of at least 600 feet unless deployed
on an existing structure in the Public Right-of-Way.
xi To the extent reasonably feasible, Collocations are strongly encouraged to
limit the number of poles within the Right-of-Way.
xii Equipment enclosures shall be located out of view as much as possible
and shall comply with City criteria (e.g. sight line criteria).
xiii When placed near a residential property, the WCF shall be placed
adjacent to the common side yard property line between adjoining residential
properties, such that the WCF minimizes visual impacts equitably among
adjacent properties. In the case of a corner lot, the WCF may be placed
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adjacent to the common side yard property line between adjoining residential
properties, or on the corner formed by two intersecting streets. If these
requirements are not reasonably feasible from a construction, engineering or
design perspective, the applicant may submit a written statement to the
Director requesting the WCF be exempt from these requirements.
d) Towers
i Towers shall either maintain a galvanized steel finish, or, subject to any
applicable FAA standards, be painted a neutral color so as to reduce visual
obtrusiveness as determined by the City;
ii Tower structures should use existing land forms, vegetation, and
structures to aid in screening the facility from view or blending in with the
surrounding built and natural environment;
iii Monopole support structures shall taper from the base to the tip;
iv All Towers, excluding alternative tower structures in the Right-of-Way,
shall be enclosed by security fencing or wall at least 6 feet in height and shall
also be equipped with an appropriate anti-climbing device.
e) Director to adopt design standards: Pursuant to the powers and authority
conferred by the Charter of the City, the Director shall adopt additional small cell
infrastructure design guidelines, as may be amended from time to time. Said
guidelines are incorporated herein as if fully set forth and shall be published and at
least one (1) copy of the Small Cell Infrastructure Design Guidelines shall be
available for public inspection at the Community Development Department.
11. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the
following requirements:
a) All buildings, shelter, cabinets, and other accessory components shall be grouped
as closely as technically possible;
b) The total footprint coverage area of the WCF’s accessory equipment shall not
exceed 350 square feet;
c) No related accessory equipment or accessory structure shall exceed 12 feet in
height;
d) Accessory equipment, including but not limited too remote radio units, shall be
located out of sight whenever possible by locating behind parapet walls or within
equipment enclosures. Where such alternate locations are not available, the
accessory equipment shall be camouflaged or concealed.
12. Access ways. In addition to ingress and egress requirements of the Building Code, access
to and from WCFs shall be regulated as follows:
a) No WCF shall be located in a required parking, maneuvering or vehicle/pedestrian
circulation area such that it interferes with or in any way impairs, the intent or
functionality of the original design.
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b) The WCF must be secured from access by the general public but access for
emergency services must be ensured. Access roads must be capable of supporting all
potential emergency response vehicles and equipment.
c) The proposed easements for ingress and egress and for electrical and
telecommunications shall be recorded at the County Clerk and Recorder's Office
prior to the issuance of building permits.
13. Conditions and limitations. The City shall reserve the right to add, modify or delete
conditions after the approval of a request in order to advance a legitimate City interest
related to health, safety or welfare. Prior to exercising this right, the City shall notify the
owner and operator in advance and shall not impose a substantial expense or deprive the
affected party of a substantial revenue source in the exercising of such right.
Approval by the Community Development Director for a wireless telecommunication
services facility and/or equipment application shall not be construed to waive any
applicable zoning or other regulations; and wherein not otherwise specified, all other
requirements of this Code shall apply, including Title 21(Street, Sidewalks, and other
public places, and Title 29 (Engineering Design Standards). All requests for modifications
of existing facilities or approvals shall be submitted to the Community Development
Director for review under all provisions and requirements of this Section. If other than
minor changes are proposed, a new, complete application containing all proposed revisions
shall be required.
(Ord. No. 1-2002 § 18; Ord. No. 52-2003, §§ 14, 15)
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