HomeMy WebLinkAboutOrdinances_2894ORDINANCE NO 2894
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12 60
TO THE REDLANDS MUNICIPAL CODE TO ESTABLISH REGULATIONS
GOVERNING WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
WHEREAS, pursuant to the California State Constitution, the City of Redlands ("City")
has the authority to adopt such ordinances as it deems necessary and appropriate to assure good
government m the City, to protect and preserve the City's rights, property, and privileges, and to
preserve peace, safety and good order, and
WHEREAS, the City deems it to be necessary and appropnate to provide for certain
standards and regulations relating to the location, placement, design, construction, and
maintenance of telecommunications towers, antennas and other structures within the City's
public rights-of-way, and providing for the enforcement of said standards and regulations,
consistent with federal and state law limitations on that authority,
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS
Section 1 The foregoing Recitals are adopted as findings of the City Council as though
set forth in fully within the body of this ordinance
Section 2. Chapter 12 60, entitled "Wireless Facilities in Public Rights -Of -Way," is
hereby added to the Redlands Municipal Code to read as follows
"CHAPTER 12 60
WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
12 60 010 Purpose
12 60 020 Definitions
12 60 030 Scope
12 60 010 PURPOSE
The purpose of this Chapter is to establish a process for managing, and uniform standards for
acting upon, requests for the placement of wireless facilities within the public rights-of-way of
the City consistent with the City's obligation to promote the public health, safety, and welfare, to
manage the public rights-of-way, and to ensure that the public is not incommoded by the use of
the public rights-of-way for the placement of wireless facilities The City recognizes the
importance of wireless facilities to provide high-quality communications service to the residents
and businesses within the City, and the City also recognizes its obligation to comply with
applicable Federal and State law regarding the placement of personal wireless services facilities
in its public rights-of-way This Chapter shall be interpreted consistent with those provisions
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12 60 20 DEFINITIONS
The terms used in this Chapter shall have the following meanings
A Application A formal request, including all required and requested documentation and
information, submitted by an applicant to the City for a wireless encroachment permit
B Applicant A person filing an application for placement or modification of a wireless facility
m the public lights -of -way
C Base Station shall have the meaning as set forth m 47 C F R Section 1 6100(b)(1), 01 any
successor provision
D Director shall mean the City's Facilities and Community Services Department Director, or
his or her designee
E Eligible Facilities Request shall have the meaning as set forth in 47 C F R Section
1 6100(b)(3), or any successor provision
F FCC The Federal Communications Commission or its lawful successor
G Municipal Infrastructure City -owned or controlled property, structures, objects, and
equipment in the ROW, including, but not limited to, street lights, traffic control structures,
banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers
located within the ROW
H Permittee any person or entity granted a wireless encroaclunent permit pursuant to this
Chapter
I Personal Wireless Services shall have the same meaning as set forth in 47 U S C Section
332(c)(7)(C)(i)
J Personal Wneless Services Facility means a wireless facility used for the provision of
personal wireless services
K Public Right -of -Way, of ROW shall have the same meaning as "Street" in Chapter 12 of
this Code, and shall also include any portion of any road or public way which the City has
the responsibility to maintain or manage
L Small Cell Facility shall have the same meaning as "small wireless facility" in 47 C F R
1 6002(1), or any successor provision (which is a personal wn eless services facility that
meets the following conditions that, solely for convenience, have been set forth below)
(1) The facility -
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(i) is mounted on a structure 50 feet or less m height, including antennas, as defined
m 47 C F R Section 1 1320(d), or
(n) is mounted on a structure no more than 10 percent taller than other adjacent
structures, or
(iii) does not extend an existing structure on which it are located to a height of more
than 50 feet 01 by more than 10 percent, whichever is greater,
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna m 47 C F R Section 1 1320(d)), is
no more than thiee cubic feet m volume,
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on
the structure, is no more than 28 cubic feet in volume,
(4) The facility does not require antenna structure registration under 47 C F R Part 17,
(5) The facility is not located on Tribal lands, as defiled under 36 C F R Section
800 16(x), and
(6) The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in 47 C F R Section 1 1307(b)
M Support Structure Any structure capable of supporting a base station
N Tower Any structure built for the sole or prunary purpose of supporting any FCC -licensed
or authorized antennas and their associated facilities, including structures that are constructed
for personal wireless 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 This definition does not include utility poles
O Underground areas Those areas where there are no electrical facilities or facilities of the
incumbent local exchange carrier in the right of way, or where the wires associated with the
same are or are required to be located underground, or where the same are scheduled to be
converted from overhead to underground Electrical facilities are distribution facilities owned
by an electric utility and do not include transmission facilities used or intended to be used to
transmit electricity at nominal voltages in excess of 35,000 volts
P Utility Pole A structure m the ROW designed to support electric, telephone and similar
utility lines A tower is not a utility pole
Q Wireless Encroachment Permit A perrrrit issued pursuant to this Chapter authorizing the
placement or modification of a wireless facility of a design specified in the permit at a
particular location within the ROW, and the modification of any existing support structure to
which the wireless facility is proposed to be attached
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R Wireless Facility, or Facility The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated towers, support structures, and base stations
S Wireless Infrastructure Provider A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW
T Wireless Regulations Those regulations adopted pursuant to Section 5 and implementing
the provisions of this Chapter
U Wireless Service Provider An entity that provides personal wireless services to end users
12 60 30 SCOPE
A In general There shall be a type of encroachment permit entitled a "Wireless Encroachment
Permit," which shall be subject to all of the same requirements as an encroachment permit
would under Chapter 12 16 in addition to all of the requirements of this Chapter Unless
exempted, every person who desires to place a wireless facility m the public rights-of-way or
modify an existing wn eless facility in the public rights-of-way must obtain a wireless
encroachment permit authonzing the placement or modification in accordance with this
Chapter Except for small cell facilities, facilities qualifying as eligible facilities requests, or
any other type of facility expressly allowed in the public rights-of-way by state or federal
law, no other wireless facilities shall be pen -rutted pursuant to this Chapter
13 Exemptions This Chapter does not apply to
1) The placement or modification of facilities by the City or by any other agency of
the state solely for public safety purposes
2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a
temporary period in connection with an emergency or event, but no longer than
required for the emergency 01 event, provided that installation does not involve
excavation, movement, or removal of existing facilities
C Other applicable requirements In addition to the wireless encroachment permit required
herein, the placement of a wireless facility m the ROW requires the persons who will own or
control those facilities to obtain all permits required by applicable law, and to comply with
applicable law, including, but not limited, applicable law governing radio frequency (RF)
emissions
D Pre-existing Facilities in the ROW Any wireless facility already existing m the ROW as of
the date of this Chapter's adoption shall remain, subject to the provisions of this Code in
effect prior to the Effective Date of this Chapter, unless and until an extension of such
facility's then -existing permit is granted, at which time the provisions of this Chapter shall
apply in full force going forward as to such facility The review of any request for a renewal
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of a permit for such pre-existing facilities shall be conducted pursuant to this Chapter, rather
than the portions of this Code that it was previously reviewed under
E Public use Except as otherwise provided by California law, any use of the public right-of-
way
ight-ofway authorized pursuant to this Chapter will be suboidmate to the City's use and use by the
public
F Administration
1) Director The Director is responsible foi administering this Chapter As part of the
administration of this Chapter, the Director may
1 Interpret the provisions of this Chapter,
Develop and implement standards governing the placement and modification of
wireless facilities consistent with the requirements of this Chapter, including
regulations governing collocation and resolution of conflicting applications foi
placement of wireless facilities,
111 Implement acceptable designs and development standards for wireless facilities m
the public rights-of-way, taking into account the zoning districts bounding the
public rights-of-way,
iv Develop forms and procedures for submission of apphcations for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this Chapter,
v Collect, as a condition of the completeness of any application, any fee established
by this Chapter,
vi Establish deadlines for submission of mforination related to an application, and
extend or shorten deadlines where appropriate and consistent with state and federal
laws and regulations,
vii Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued,
vii Require, as part of, and as a condition of completeness of any application, mailing
labels sufficient to notify the owners of all adjacent properties of the placement or
modification of the wireless facility and proposed changes to any support structure
by letter "Adjacent properties" shall include all lots which directly abut or are
directly across any public or private right of way from the subject location,
ix Subject to appeal as provided herein, determine whether to approve, approve
subject to conditions, or deny an application, and
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x Take such other steps as may be required to timely act upon applications for
placement of wireless facilities, including issuing written decisions and entering
into agreements to mutually extend the time for action on an application
2) Appeal
Any person adversely affected by the decision of the Director pursuant to this
Chapter may, upon completion of the City's form of appeal and payment of the fee
established by resolution of the City Council, appeal the Director's decision to the
City Manages, which may decide the issues de novo and whose wi itten decision
will be the final decision of the City An appeal by a wireless mfiastructure provider
must be taken jointly with the wireless service provider that intends to use the
personal wireless services facility
n Where the Director grants an application based on a funding that denial would result
m a prohibition or effective prohibition under applicable federal law, the decision
shall be automatically appealed to the City Manager All appeals must be filed
within five (5) business days of the written decision of the Director, unless the
Director extends the time therefore An extension may not be granted where
extension would result in approval of the application by operation of law
ii Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law
G General Standards for Wireless Facilities in the Public Rights -of -Way
1) Generally Wireless facilities in the ROW shall meet the minimum requirements set forth
m this Chapter and the wireless regulations, m addition to the requirements of any other
applicable law
2) Regulations The wireless regulations and decisions on applications for placement of
wireless facilities m the ROW shall, at a iriuuirtusn, ensure that the requirements of this
section are satisfied, unless it is determined that applicant has established that denial of
an application would, within the meaning of federal law, prohibit or effectively prohibit
the provision of personal wireless services, or otherwise violate applicable laws or
regulations If that determination is made, the requirements of this Chapter may be
waived, but only to the minimum extent required to avoid the prohibition or violation
3) Minimum Standards All applicants shall design and locate wireless facilities in
accordance with the design standards and wireless regulations set forth separately by
resolution adopted by the City Council
H Applications
1) Submission. Unless the wireless regulations provide otherwise, an applicant shall submit
a paper copy and an electronic copy of any application, amendments, or supplements to
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an application, 01 responses to requests for information regarding an application to the
Director
2) Pre-apphcation meeting Prior to filing an application for a wireless encroachment permit,
an applicant is encouraged to schedule a pre -application meeting with the Director to
discuss the proposed facility, the requirements of this Chapter, and any potential impacts
of the proposed facility
3) Content An applicant shall submit an application on the form approved by the Director,
which may be updated from time -to -time, but m any event shall require the submission of
all iequiied fees, documents, information, and any other materials necessary to allow the
Directoi to make required findings and ensure that the proposed facility will comply with
applicable federal and state law, this Code, and will not endanger the public health,
safety, or welfare If no form has been approved, applications must contain all
information necessary to show that applicant is entitled to the wireless encroachment
permit requested, and must specify whether the applicant believes state or federal law
requires action on the application within a specified time period
4) Fees Application fees shall be required to be submitted with any application for a
wireless encroachment permit The City Council is hereby authorized to deternme, or
cause to be determined, the amount, type, and other terms of such fees from time to time
by means of resolution Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant for a wueless encroachment permit unless
paid as a refundable deposit
5) Waivers Requests for waivers from any requirement of this section shall be made m
writing to the Director or his or her designee The Director may grant or deny a request
for a waiver pursuant to this subsection The Director may grant a request for waiver if it
is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided
all information necessary to understand the nature of the construction or other activity to
be conducted pursuant to the permit sought All waivers approved pursuant to this
subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly -tailored to
minimize deviation from the requirements of this Code
6) Incompleteness For personal wireless facilities and eligible facilities requests,
applications will be processed, and notices of incompleteness provided, in conformity
with state, local, and federal law If such an application is incomplete, the Director may
notify the applicant in writing, and specifying the material omitted from the application
1 Findings, Decisions, Consultants
1) Findings Required for Approval
i Except for eligible facilities requests, the Director or the City Manager, as the case
may be, shall approve an application if, on the basis of the application and other
materials or evidence provided in review thereof, it finds the following
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a. The facility is not detrimental to the public health, safety, and welfare,
b The facility complies with this Chapter and all applicable design and
development standards,
c The facility meets applicable requirements and standards of state and federal
law, and
11 For eligible facilities requests, the Directoi or the City Manager, as the case may be,
shall approve an application if, on the basis of the application and other materials 01
evidence provided in review theieof, it finds the following
a. That the application qualifies as an eligible facilities request, and
b That the proposed facility will comply with all generally -applicable laws
2) Decisions Decisions on an apphcation by the Director or the City Manager shall be in
writing and include the reasons for the decision
3) Independent Consultants The Director or the City Manager, as the case may be, is
authorized, in its discretion, to select and retain independent consultants with expertise in
telecommunications in connection with the review of any application under this Chapter
Such independent consultant review may be retained on any issue that involves
specialized or expert knowledge m connection with an application, including, but not
limited to, application completeness or accuracy, structural engineering analysis, or
compliance with FCC radio frequency emissions standaids
J Conditions of Approval
1) Generally In addition to any supplemental conditions unposed by the Director or the
City Manages, as the case may be, all permits granted pursuant to tliis Chapter shall be
subject to the following conditions, unless modified by the approving authority
1 Code Compliance The Permittee shall at all tunes maintain compliance with all
applicable federal, state and local Iaws, regulations and other rules, including,
without limitation, those applying to use of public rights-of-way
11 Permit Duration. A wireless encroachment permit shall be valid for a period of ten
(10) years, unless pursuant to another provision of the Code or these conditions, it
expires sooner or is terminated At the end of ten (10) years from the date of
issuance, such Permit shall automatically expire, unless an extension or renewal has
been granted A person holding a wireless encroachment permit must either (1)
remove the facility within thirty (30) days following the permit's expiration
(provided that removal of support structure owned by the City, a utility, or another
entity authorized to maintam a support structure in the right of way need not be
removed, but must be restored to its prior condition, except as specifically permitted
by the City), or (2) at least ninety (90) days prior to expiration, submit an
application to renew the permit, which application must, among all other
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requirements, demonstrate that the impact of the wireless facility cannot be reduced
The wireless facility must remain in place until it is acted upon by the City and all
appeals from the City's decision exhausted
in Public Notice Upon issuance of a permit, the City shall mail notice of the
approved wireless telecommunications facility to all adjacent property owners
ry Tuning of Installation The installation and construction authorized by a wireless
encroachment permit shall begin within one (1) year after its approval, or it will
expire without further action by the City The installation and construction
authorized by a wireless encroachment permit shall conclude, including any
necessary post -installation repairs andloi restoration to the ROW, within thirty (30)
days following the day construction commenced
v Commencement of Operations The operation of the approved facility shall
commence no later than one (1) month after the completion of installation, or the
wireless encroachment penYnt will expire without further action by the City
vi As -Built Drawings The Perrnittee shall submit an as -built drawing within ninety
(90) days after installation of the facility As -built drawings shall be in an electronic
format acceptable to the City
vu Inspections, Emergencies The City or its designee may enter onto the facility area
to inspect the facility upon 48 hours prior notice to the Permittee The Permittee
shall cooperate with all inspections and may be present for any inspection of its
facility by the City The City reserves the right to enter or direct its designee to
enter the facility and support, repair, disable, or remove any elements of the facility
in emergencies or when the facility threatens imminent harm to persons or property
The City shall make an effort to contact the permittee prior to disabling or removing
any facility elements, but in any case shall notify permittee within 24 hours of doing
SO
Contact The Perinittee shall at all tunes maintain accurate contact information foi
all parties responsible for the facility, which shall mclude a phone number, street
mailing address and email address for at least one natural person
ix Insurance The Permittee shall obtain and maintain throughout the term of the
permit conninercial general liability insurance with a limit of one million dollars
($1,000,000) per occurrence for bodily injury and property damage and two mullion
dollars ($2,000,000) general aggregate including premises operations, contractual
liability, personal injury, and products completed operations The relevant policies
shall name the City, its elected and appointed officials, officers, representatives,
agents, and employees as additional insureds The Permittee shall use its best
efforts to provide thirty (30) days' prior notice to the City of the cancellation or
material modification of any applicable insurance policy
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x Indemnities The Permittee and, if applicable, the owner of the property upon
which the wireless facility is installed shall defend, indemnify and hold harmless
the City, its agents, officeis, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions o1 proceedmgs brought
against the city or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the city's approval of the perrnit, and (u)
from any and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether foi personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee oi, if applicable, the property owner or any of each one's agents,
employees, licensees, contractors, subcontractors, or independent contractors In the
event the city becomes aware of any such actions or claims the city shall promptly
notify the permittee and, if applicable, the property owner and shall reasonably
cooperate m the defense The City shall have the right to approve, which approval
shall not be unreasonably withheld, the legal counsel providing the City's defense,
and the property owner and/or the Permittee (as applicable) shall reimburse City for
any costs and expenses directly and necessarily incurred by the City in the course of
the defense
xi Performance Bond Prior to Issuance of a wireless encroachment perinrt, the
Permittee shall file with the City, and shall mamtam m good standing throughout
the term of the approval, a performance bond or other surety or another form of
security for the removal of the facility in the event that the use is abandoned or the
permit expires, or is revoked, or is otherwise terminated The security shall be m the
amount equal to one hundred percent (100%) of the cost of physically removing the
facility and all related facilities and equipment on the site, based on the higher of
two contractor's quotes for removal that are provided by the permittee The
Permittee shall reirnburse the City for staff time associated with the processing and
tracking of the bond, based on the hourly rate adopted by the City Council
Reimbursement shall be paid when the security is posted and during each
administrative review
xn Adverse Impacts on Adjacent Properties The Perrnittee shall undertake all
reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses
that may arise from the construction, operation, maintenance, rnodrficatron, and
removal of the facility
xiii Noninterference The Permittee shall not move, alter, temporarily relocate, change,
or interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, improvement, or property No structure,
irnprovernent, or property owned by the City shall be moved to accommodate a
permitted activity or encroachment, unless the City determines that such movement
will not adversely affect the City or any surrounding businesses or residents, and
the Permittee pays all costs and expenses related to the relocation of the City's
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structure, improvement, oz property Prior to commencement of any work pursuant
to a wireless encroachment permit, the Permittee shall provide the City with
documentation establishing to the city's satisfaction that the Permittee has the legal
right to use or interfere with any other structure, nnproveiment, or property within
the public right-of-way or city utility easement to be affected by the Permittee's
facilities
xiv No Right, Title, or Interest The permission granted by a wneless encroachment
permit shall not in any event constitute an easement on 01 an encumbrance against
the public right-of-way No right, title, or interest (includmg fianchise interest) m
the public right-of-way, or any part theieof, shall vest or accrue in the Permittee by
reason of a wneless encroachment permit or the issuance of any other permit 01
exercise of any privilege given theieby
xv No Possessory Interest No possessory interest is created by a wireless
encroachment permit However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, the Permittee
acknowledges that the City has given to Permittee notice pursuant to Cahforma
Revenue and Taxation Code Section 107 6 that the use or occupancy of any public
property pursuant to a wireless encroachment permit may create a possessory
interest which may be subject to the payment of property taxes levied upon such
interest Pennittee shall be solely liable for, and shall pay and discharge prior to
delinquency, any and all possessory interact taxes or other taxes, fees, and
assessments Levied against the Perirnttee's right to possession, occupancy, or use of
any public property pursuant to any right of possession, occupancy, or use created
by this permit
xvi General Maintenance The site and the facility, including, but not limited to, all
screening, camouflaging or paint materials, landscaping, fencing, and related
transmission equipment, must be maintained in a neat and clean manner and m
accordance with all approved plans All graffiti on facilities must be removed at the
sole expense of the permittee within forty eight (48) hours after notification from
the City
xvi RF Exposure Compliance All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards After transmitter and antenna system
optimization, but prior to unattended operations of the facility, permittee or its
representative must conduct on-site post -installation RF emissions testing to
demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety
rules for general population/uncontrolled RF exposure in all sectors For this
testing, the transmitter shall be operating at maximum operating power, and the
testing shall occur outwaids to a distance where the RF emissions no longer exceed
the uncontrolled/general population limit The Pennittee shall submit
documentation of this testing within ninety (90) days after installation of the
facility
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xviu Testing Testing of any equipment shall take place on weekdays only, and only
between the hours of 8 30 a in and 4 30 p m , except that testing is prohibited on
holidays that fall on a weekday In addition, testing is prohibited on weekend days
xix Modifications No changes shall be made to the approved plans without review and
approval in accordance with this Chapter
xx Agreement with City If not already completed, the Permittee shall enter into the
appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, 01 operating a facility on Municipal Infrastructure This
permit is not a substitute for such agreement
xxi Conflicts with Iinpiovernents For all facilities located within the ROW, the
Permittee shall remove or relocate, at its expense and without expense to the City,
any or all of its facilities when such removal or relocation is deemed necessary by
the city by season of any change of grade, alignment, or width of any right-of-way,
for installation of services, water pipes, drams, storm drams, power or signal lines,
traffic control devices, right-of-way improvements, or for any other construction,
repair, or improvement to the right-of-way
xxi) Abandonment If a facility is not operated for a continuous period of six (6)
months, the wireless encroachment permit and any other permit or approval therefor
shall be deemed abandoned and tenn hated automatically, unless before the end of
the six (6) month period (i) the Director has determined that the facility has
resumed operations, or (ii) the City has received an application to transfer the
permit to another service provider No later than )ninety (90) days from the date the
facility is determined to have ceased operation or the perimittee has notified the
Director of its intent to vacate the site, the permittee shall remove all equipment and
improvements associated with the use and shall restore the site to its original
condition to the satisfaction of the Director The permittee shall provide written
verification of the removal of the facilities within thirty (30) days of the date the
removal is completed If the facility is not removed within thirty (30) days after the
permit has been discontinued pursuant to this subsection, the site shall be deemed to
be a nuisance, and the City may cause the facility to be removed at penmttee's
expense or by calling any bond or other financial assurance to pay for removal If
there are two (2) or more users of a single facility or support structure, then this
provision shall apply to the specific elements or parts thereof that were abandoned,
but will not be effective for the entirety thereof until all users cease use thereof
xxiii Encourage Co -location Where the facility site is capable of accommodating a co -
located facility upon the same site m a manner consistent with the permit conditions
for the existing facility, the ownei and operator of the existing facility shall allow
co -location of third party facilities, provided the parties can mutually agree upon
reasonable terins and conditions
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xxiv Records The Permittee must maintain complete and accurate copies of all permits
and other regulatory approvals issued m connection with the facility, which includes
without limitation this appi oval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval and any
inmisterial permits or approvals issued m connection with this approval In the
event that the permittee does not marntaii such records as required m this condition
or fails to produce true and complete copies of such records within a ieasonable
time after a written request from the City, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records will be construed
against the Permittee
xxv Attorneys' Fees In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and such legal
action is taken, the Permittee shall be required to pay any and all costs of such legal
action, including reasonable attorneys' fees, incurred by the City, even if the matter
is not prosecuted to a final judgment of is amicably resolved, unless the City should
otherwise agree with Permittee to waive said fees 01 any part thereof The foregoing
shall not apply if the Periittee prevails in the enforcement proceeding
2) Eligible Facilities Requests In addition to the conditions provided in Section 9(a) of this
Chapter and any supplemental conditions imposed by the Director or the City Manager,
as the case may be, all pernuts for an eligible facility requests granted pursuant to this
Chapter shall be subject to the following additional conditions, unless modified by the
approving authority
Permit subject to conditions of undeilyilg permit Any permit granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit
ii No permit term extension The City's grant or grant by opeiation of law of an
eligible facilities request permit constitutes a federally -mandated modification to
the underlying permit or approval for the subject tower 01 base station
Notwithstanding any permit duration established in another permit condition, the
city's grant or grant by operation of law of a eligible facilities request pen -nit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its tern shall be coterminous with the underlying permit
or other regulatory approval for the subject tower or base station
No waiver of standing The city's grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any standing
by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that
interpret Section 6409(a) of the Spectrum Act, or any modification to Section
6409(a) of the Spectrum Act
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1 \Ordinances\Nos 2800-2899 in Word\2894 Wireless Right of Ways Ordinance Updated 7 22 19 docx
3) Small Cell Facilities Requests In addition to the conditions provided m Section 9(a) of
this Chapter and any supplemental conditions imposed by the Directoi or the City
Manager, as the case may be, all permits for a small cell facility granted pursuant to this
Chapter shall be subject to the following condition, unless modified by the approving
authority
No waiver of standing The city's grant of a permit for a small cell facility request
does not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules
K Breach, Termination of Permit
1) For breach A wireless encroachment permit may be revoked for failure to comply with
the conditions of the permit or applicable law Upon revocation, the wireless facility
must be removed, provided that removal of a support structure owned by City, a utility,
01 another entity authorized to maintain a support structure in the right-of-way need not
be removed, but must be restored to its prior condition, except as specifically permitted
by the City All costs incurred by the City in connection with the revocation and removal
shall be paid by entities who own or control any part of the wireless facility
2) Foi installation without a permit Any wireless facility installed without a wireless
encroachment permit (except for those exempted by this Chapter) must be removed,
provided that removal of support structure owned by City, a utility, or another entity
authorized to maintain a support structure m the right of way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City All
costs incurred by the City in connection with the revocation and removal shall be paid by
entities who own or control any part of the wireless facility
3) Violation Any violation of this Chapter will be subject to the same penalties as a
violation of Chapter 1 20 of this Code
L Infrastructure Controlled By City The City, as a matter of policy, will negotiate agreements
for use of Municipal Infrastructure The placement of wireless facilities on those structures
shall be subject to the agreement The agreement shall specify the compensation to the City
for use of the structures The person seeking the agreement shall additionally reimburse the
City for all costs the City mcurs in connection with its review of, and action upon the
person's request for, an agreement
M Nondiscrunmation In establishing the rights, obligations and conditions set forth in this
Chapter, it is the intent of the City to treat each applicant or public right-of-way user m a
competitively neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the public rights-of-way "
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1 \Ordinances\Nos 2800-2899 m Word 2894 Wu-eless Right of Way Ordmance Updated 7 22 19 docx
Section 3 Authority The City Manager, or his 01 her designee, is authorized to execute
all documents and to perforin all other necessary City acts to implement and give effect to this
Ordinance
Section 4 CEQA This Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it
has no potential foi resulting un physical change in the environment, directly or indirectly The
Ordinance does not authorize any specific development or installation on any specific piece of
property within the City's boundaries Moreover, when and if an application for installation is
submitted, the City will at that time conduct prelnnmary review of the application m accordance
with CEQA Alternatively, even if the Ordinance is a "project" within the meaning of State
CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds
First, the Ordmance is exempt CEQA because the City Council's adoption of the Ordinance is
covered by the general rule that CEQA applies only to projects which have the potential foi
causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)) That
is, approval of the Ordmance will not result in the actual installation of any facilities m the City
In order to install a facility m accordance with this Oidmance, the wireless provider would have
to submit an application for installation of the wireless facility At that trine, the City will have
specific and definite information regarding the facility to review in accordance with CEQA
And, in fact, the City will conduct prelnnrnary review under CEQA at that time Moreover, in
the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a
particular site, the installation would be exempt from CEQA review in accordance with either
State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines
section 15303 (new construction or conversion of small structures), and/or State CEQA
Guidelines section 15304 (minor alterations to land) The City Council, therefore, directs that a
Notice of Exemption be filed with the County Clerk of the County of San Bernardino County
within five working days of the passage and adoption of this Ordinance
Section 5 Severability If any section, subsection, provision, sentence, clause,
phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any
court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair
any remaining section, subsection, provision, sentence, clause, phrase or word included within
this Ordinance, it being the intent of the City that the remainder of this Ordinance shall be and
shall remain in full force and effect, valid, and enforceable
Section 6 Publication The Mayor shall sign this Ordinance and the City Clerk shall
certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published
once in the Redlands Daily Facts, a newspaper of general circulation within the City, and
thereafter, this ordinance shall take effect as provided by law
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1 lordanances\Nos 2800 2899 to Word12894 Wireless Right of Way Ordinance Updated 7 22 19 docx
Paul W. Foster, Mayor
ATTEST
Donaldson, City Clerk
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1.1Ordwances\Nos 2800-2899 m Word12894 Wireless Right of Way Ordinance Updated 7 22.19.docx
I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 6th day of
August 2019, by the following vote
AYES Councilmembers Momberger, Davis, Mayor Foster
NOES Councilmembers Barich, Tejeda
ABSENT None
ABSTAIN None
onaldson, City Clerk
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