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HomeMy WebLinkAbout2020-16 CC Resolution RESOLUTION NO. 2020-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN UPDATED POLICY FOR IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to California Constitution and the laws of the State of California, the City of Temecula ("City") may make and enforce within its city limits all local, police, and sanitary laws and other ordinances, resolutions and other regulations not in conflict with general laws for the preservation of the public health, safety, and welfare. Section 2. Applicable federal and state laws and regulations reserved to cities authority over the placement, construction, and modification of personal wireless facilities, including reasonable aesthetic and design regulations. Section 3. The City currently regulates wireless communications facilities via both the California Building Code,including requiring,an encroachment permit for wireless utilities within the right-of-way and reserving the ability to regulate further, provided such regulations are consistent with federal and state law. Section 4. On September 27, 2018, the Federal Communications Commission ("FCC") adopted a Declaratory Ruling and Third Report and Order, FCC 18-133, setting forth limitations on local government regulation of small cell wireless facilities in an effort to facilitate and remove barriers for the expansion of 5G technology, effective January 14, 2019 (the "FCC Ruling"). Section 5. The FCC Ruling allows local agencies to charge wireless carriers objective reasonable fees for small wireless facilities; imposes time limits (a "shot clock") on processing small cell applications; and limits non-fee regulations that could impede new small cell sites including aesthetic regulations. Section 6. The FCC ruling requires that, in order to be considered and not preempted by federal law and regulations,any aesthetic regulations for processing of small wireless facilities be reasonable, non-discriminatory,and objective and published in advance. Section 7. On April 9th,2019,the City Council adopted Resolution 19-22 that included a policy on Small Wireless Facilities in the Public Right-of-Way which provided objective design standards, as well as basic parameters for small wireless facilities located within the public right- of-way. Section 8. Given the rapid and substantial changes in applicable law and regulations, the City Council finds that aesthetic and design regulations adopted through a policy that i supplements Chapter 5.12 of the Temecula Municipal Code is a necessary and appropriate means to protect the public health, safety, and welfare—including the aesthetic character of the City, its neighborhoods, and community— from the potential harms caused by unregulated small wireless facilities and other infrastructure deployments, while balancing the benefits that flow from technological advancements such as advanced wireless services. Section 9. The City Council finds that is necessary to update the Small Wireless Facilities within the Public Right-of-way policy in order to further protect and promote public health, safety and welfare, promote community interest, ensure a balance between public and private and public interests,protect the City's visual character from adverse impacts,and/or visual blight created by small wireless facilities,protect the City's environmental resources, protect and preserve the City's public right-of-way and infrastructure, and promoting high-quality access to advanced wireless services for the City's residents,business, and visitors. Section 10. The Temecula City Council hereby adopts policies establishing design requirements for small wireless facilities in thepublic right-of-way Attachment A . q � ) PASSED,APPROVED,AND ADOPTED by the City Council of the City of Temecula this 10`''day of March, 2020. James Stewart, Mayor AT S • Randi Johl, City Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2020-16 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10`h day of March, 2020, by the following vote: AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Schwank, Stewart NOES: 1 COUNCIL MEMBERS: Rahn ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 r ,05.7 CITY OF TEMECULA C7A---.1.--"-1;\ Small Wireless Facilities in the Public Right-of-Way "t e r-year:of Southern Cal turn a Wine Country Title: Small Wireless Facilities in the Public Issued: April 9, 2019 Right-of-Way Responsible Community Development/Public Works Revised: March 10, 2020 Dept./Division: Forms: Revised: Approval: Revised: CONTENTS SECTION 1. BACKGROUND AND INTRODUCTION 2 SECTION 2. PURPOSE AND INTENT 3 SECTION 3. DEFINITIONS 4 SECTION 4. APPLICABILITY 9 SECTION 5. REQUIRED PERMITS AND APPROVALS 10 SECTION 6. APPLICATION AND REVIEW PROCEDURES 10 SECTION 7. DECISIONS 15 SECTION 8. CONDITIONS OF APPROVAL 16 SECTION 9. LOCATION STANDARDS 24 SECTION 10. DESIGN STANDARDS 26 SECTION 11. PREAPPROVED DESIGNS 38 Small Wireless Facility Policy page 1 / 39 SECTION 1. BACKGROUND AND INTRODUCTION In 1996, Congress adopted the Telecommunications Act to balance the national interest in advanced communications services and infrastructure with legitimate local government authority to enforce zoning and other regulations to manage infrastructure deployments on private property and in the public rights-of-way. Under section 704, which applies to personal wireless service facilities (i.e., cell sites), local governments retain all their traditional zoning authority subject to specifically enumerated limitations.' Section 253 preempts local regulations that prohibit or effectively prohibit telecommunication services (i.e., common carrier services) except competitively neutral and nondiscriminatory regulations to manage the public rights-of-way and require fair and reasonable compensation. Communication technologies have significantly changed since 1996. Whereas cell sites were traditionally deployed on tall towers and rooftops over low frequency bands that travel long distances, cell sites are increasingly installed on streetlights and utility infrastructure on new frequency bands that travel shorter distances. According to the Federal Communications Commission ("FCC") and the wireless industry, these so-called "small wireless facilities" or "small cells" are essential to the next technological evolution. The industry currently estimates that each national carrier will need to deploy between 30 and 60 small cells, connected by approximately 8 miles of fiber optic cable, per square mile. On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the "Small Cell Order"), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. In general, the Small Cell Order. (1) restricts the fees and other compensation state and local governments may receive from applicants; (2) requires all aesthetic regulations to be reasonable, no more burdensome than those applied to other infrastructure deployments, objective and published in advance; (3) mandates that local officials negotiate access agreements, review permit applications and conduct any appeals within significantly shorter timeframes; and (4) creates new evidentiary presumptions that make it more difficult for local governments to defend themselves if an action or failure to act is challenged in court. The regulations adopted in the Small Cell Order significantly curtail the local authority over wireless and wireline communication facilities reserved to State and local governments under sections 253 and 704 in the Telecommunications Act. ' Local zoning regulations cannot prohibit or effectively prohibit personal wireless services, unreasonably discriminate among functionally equivalent services or regulate based on environmental impacts from radiofrequency ("RF") emissions. In addition, local decisions must be made within a reasonable time and any denial requires a written decision based on substantial evidence in the written record. Small Wireless Facility Policy page 2/ 39 SECTION 2. PURPOSE AND INTENT (a) The City of Temecula ("City") intends this Policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial and jurisdictional boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Policy are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This Policy is also intended to reflect and promote the community interest by: (1) ensuring that the balance between public and private interests is maintained; (2) protecting the City's visual character from potential adverse impacts and/or visual blight created or exacerbated by small wireless facilities and related communications infrastructure; (3) protecting and preserving the City's environmental resources; (4) protecting and preserving the City's public rights-of-way and municipal infrastructure located within the City's public rights-of-way; and (5) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors. (b) This Policy is intended to establish clear procedures for application intake and completeness review. The City of Temecula City Council ("City Council") finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for infrastructure in the same or substantially the same location. Chronically incomplete applications also place undue burdens on staff, who must closely track application status under short deadlines for a response imposed by federal regulations, and unfairly prejudice the City's ability to act on such applications within the "presumptively reasonable" timeframes established by the FCC. The provisions in this Policy afford applicants and City staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this Policy also encourage applicants to timely respond to incomplete notices. (c) This Policy is intended to establish regulations, standards and guidelines for all infrastructure deployments unless specifically prohibited by applicable law. The City Council recognizes that different infrastructure deployments may be managed through other mechanisms, such as franchise or license agreements. The City Council intends that the City official or department that administers such deployment shall apply the same aesthetic, maintenance and public safety regulations, standards and guidelines to the permit or other approval issued in connection with a request for authorization under such franchise, license or other agreement. The City Council also recognizes that different infrastructure Small Wireless Facility Policy page 3/39 deployments may have different impacts on the public rights-of-way that require different regulations, standards or guidelines to protect public health, safety and welfare. However, to the extent that different regulations, standards or guidelines are applied to small wireless facilities or other infrastructure deployments, the City Council intends that one set be no more burdensome that the other when viewed under the totality of the circumstances. (d) This Policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law. SECTION 3. DEFINITIONS The definitions in this Section 3 be applicable to the terms, phrases and words this Policy. Undefined terms, phrases or words will have the meanings assigned to them in 47 U.S.C. § 151 or, if not defined therein, will have the meaning assigned to them in Temecula Municipal Code or, if not defined in either therein, will have their ordinary meanings. If any definition assigned to any term, phrase or word in this Section 3 conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. "accessory equipment" means equipment other than antennas used in connection with a small wireless facility or other infrastructure deployment. The term includes "transmission equipment" as defined by the FCC in 47 C.F.R. § 1 .6100(b)(8), as may be amended or superseded. "antenna" means the same as defined by the FCC in 47 C.F.R. § 1 .6002(b), as may be amended or superseded. "batched application" means more than one application submitted at the same time by the same applicant with the intention that the City shall process the requests for authorization together as a group. "collector road" means a two-lane undivided roadway providing property access, and linking properties to secondary, major and principal arterials. The term "collector" as used Small Wireless Facility Policy page 4/ 39 in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "collocation" means the same as defined by the FCC in 47 C.F.R. § 1 .6002(g), as may be amended or superseded. As defined by the FCC and adopted in this Policy, "collocation" means mounting or installing an antenna and/or accessory equipment on a pre-existing structure (whether such structure currently supports a small wireless facility or not) and/or modifying a structure in connection with such installation. "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. "decorative pole" means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located. As an illustration, but not a limitation, the photographs below depict several existing decorative poles within the City: , '+�•. 1. �. • * Small Wireless Facility Policy page 5 / 39 ... IF r , . :,, .% t . ; , ...... . .,..,. ., ..,,,,„,,, ,... ,,, , ..: , :, . .., . ,,, .. ...„.. ,, ,,t.„.....,,, , , do ,4. ,I .,F.&. ivfe-,, • .1 „ _ _ . • : e.war., �. I • I p .', r ^ ____.._...., ,..:_ e L L l 1 1 i' 1`` I� k. Small Wireless Facility Policy page 6 / 39 "Director" means the Director of Public Works or the Director's designee. "FCC" means the Federal Communications Commission or its duly appointed successor agency. "FCC Shot Clock" means the presumptively reasonable time frame, accounting for any tolling or extension, within which the City generally must act on a duly filed request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC and as may be amended or superseded. For small wireless facilities covered by this Policy, the FCC Shot Clock is 60 days for collocations, 90 days for new structures. For batched applications, the longest shot clock applicable to any small wireless facility in the batch shall be applicable to the entire batch (e.g., in a batch with four collocations and one new/replacement pole, the FCC Shot Clock would be 90 days for the entire batch even though the collocation applications would be 60 days if submitted on an individual basis). The FCC Shot Clock may be tolled for applications deemed incomplete by written notice within the first 10 days after submittal or resubmittal, provided that the missing or incomplete information is (1) a publicly stated requirement for a complete application and (2) specifically identified in the written notice. The FCC Shot Clock may also be tolled by mutual agreement between the City and the applicant. To avoid any ambiguity, the FCC Shot Clock merely establishes a presumptively reasonable time for the City to act on applications and this definition is not intended to mandate action by the City within less time than reasonably required by the nature and scope of the application. "limited secondary arterial" means a two-lane divided roadway with turn lanes where needed. Limited secondary arterials are secondary arterials that have lower volumes such that four-lanes are not needed. The term "limited secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "local street" means a two-lane roadway without medians. Centerline striping is typically not provided, curbside parking is allowed and minimum intersection spacing is approximately 200 feet. Local streets are not shown on the Circulation Plan. The term "local street" as used in this Policy is defined in the Temecula General Plan, Circulation Element. "major arterial" means a four-lane highway with raised landscaped medians. Major arterials complement the principal system by providing a medium capacity backbone system. Only limited access is provided, typically to commercial properties and not to residential properties. The term "major arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "ministerial permit" means any City-issued non-discretionary permit required to commence or complete any construction or other activity subject to the City's jurisdiction. Ministerial permits may include, without limitation, any building permit, construction Small Wireless Facility Policy page 7 / 39 permit, electrical permit, excavation permit, traffic control permit and/or any similar over- the-counter approval issued by the City's departments. "modified secondary arterial" means a four-lane separated roadway with no curb and gutter. Modified secondary arterials are designed to preserve the rural character of the surrounding areas. The term "modified secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "OTARD" means an "over-the-air reception device" and includes all antennas and antenna supports covered by 47 C.F.R. § 1.4000(a)(1), as may be amended or superseded. "personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "principal arterial" means a six-lane highway with raised landscaped medians. Principal arterials act as main thoroughfares and provide access to major activity centers and to the regional freeway system. Direct access to adjacent properties is discouraged, except at signalized intersections. The term "principal arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "public right-of-way" or "public rights-of-way" means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes. "RE" means radio frequency or electromagnetic waves. "rural highway" means a two-lane undivided roadway. Rural highways provide property access and local circulation in rural areas. The term "rural highway" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "secondary arterial" means a four-lane undivided roadway with turn lanes as needed. Secondary arterials are intended to carry traffic between local streets and principal or major arterials. They are similar to major arterials, with only limited access to adjacent properties. The term "secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. Small Wireless Facility Policy page 8/ 39 "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded. "shot clock days" means calendar days counted toward the presumptively reasonable time under the applicable FCC Shot Clock. The term "shot clock days" does not include any calendar days on which the FCC Shot Clock is tolled. As an illustration and not a limitation, if an applicant applies on February 1 , receives a valid incomplete notice on February 5 and then resubmits on February 20, only four "shot clock days" have elapsed because the time between the incomplete notice and resubmittal are not counted. "small wireless facility" and "small cell" means the same as "small wireless facility" defined by the FCC in 47 C.F.R. § 1 .6002(1), as may be amended or superseded. "support structure" means a "structure" as defined by the FCC in 47 C.F.R. § 1 .6002(m), as may be amended or superseded. "technically infeasible" means a circumstance in which compliance with a specific requirement within this Policy is physically impossible and not merely more difficult or expensive than a noncompliant alternative. "underground district" means any area in the City within which overhead wires, cables, cabinets and associated overhead equipment, appurtenances and other improvements are either (1 ) prohibited by ordinance, resolution or other applicable law; (2) scheduled to be relocated underground within 18 months from the time an application is submitted; or (3) primarily located underground at the time an application is submitted. "urban arterial" means an eight-lane or ten-lane highway with raised landscaped medians. Urban arterials carry high volumes of regional and local traffic. Priority is given to through-traffic flow and access is generally limited to signalized intersections. The term "urban arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. SECTION 4. APPLICABILITY (a) Small Wireless Facilities. Except as expressly provided otherwise, the provisions in this Policy shall be applicable to all existing small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy small wireless facilities within the public rights-of-way within the City's jurisdictional and territorial boundaries. (b) Other Infrastructure Deployments. To the extent that other infrastructure deployments, including without limitation any deployments that require approval pursuant to Temecula Municipal Code chapter 18.12 and/or chapter 5.12, as may be amended or superseded, involve the same or substantially similar structures, Small Wireless Facility Policy page 9 / 39 apparatus, antennas, equipment, fixtures, cabinets, cables or improvements, the Director shall apply the provisions in this Policy for other infrastructure deployments unless specifically prohibited by applicable law. SECTION 5. REQUIRED PERMITS AND APPROVALS (a) Encroachment Permit. An encroachment permit, subject to the Director's review and approval in accordance with this Policy, shall be required for all small wireless facilities and other infrastructure deployments located in whole or in part within the public rights-of-way. (b) Exemptions. Notwithstanding anything in this Policy to the contrary, an encroachment permit shall not be required for: (1) wireless facilities or other infrastructure deployments owned and operated by the City for its use; (2) OTARD facilities; (3) requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be subject to the current FCC rules and regulations "eligible facilities requests" as defined by FCC and as may be amended or superseded. (c) Other Permits and Approvals. In addition to an encroachment permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or other approvals issued by other the City departments or divisions. Any encroachment permit granted under this Policy shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the encroachment permit requirement under Section 5(b) does not exempt the same wireless facilities or other infrastructure deployments from any other permits or approvals, which includes without limitation any ministerial permits from the City. SECTION 6. APPLICATION AND REVIEW PROCEDURES (a) Application Requirements for Small Wireless Facilities. In addition to any other publicly-stated requirements, all encroachment permit applications for small wireless facilities must include the following information and materials: (1) Application Form. The applicant shall submit a complete, duly executed encroachment permit application on the then-current form prepared by the Director. Small Wireless Facility Policy page 10 /39 (2) Application Fee. The applicant shall submit the applicable encroachment permit application fee established by City Council resolution. Batched applications must include the applicable encroachment permit application fee for each small wireless facility in the batch. If no encroachment permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 10 days after the City issues a written demand for reimbursement. (3) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, hand holes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all potential support structures within 300 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's preliminary plan for electric and data backhaul utilities, which shall include the anticipated locations for all conduits, cables, wires, hand holes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (4) Site Survey. For any small wireless facility, the applicant shall submit a survey prepared, signed and stamped by a licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 75 feet from the proposed project site and any new improvements, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below-grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. Small Wireless Facility Policy page 11 /39 (5) Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed small wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. At least one simulation must depict the small wireless facility from a vantage point approximately 50 feet from the proposed support structure or location. The photo simulations and vicinity map shall be incorporated into the construction plans submitted with the application. (6) Project Narrative and Justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(1). A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (i) whether and why the proposed support is a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed small wireless facility meets each required finding for an encroachment permit as provided in Section 7(c). (7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed small wireless facility, both individually and cumulatively with all other emitters that contribute more than 5% to the cumulative emissions in in the vicinity (if any), will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the Director. The RF report must include the actual frequency and power levels (in watts effective radiated power) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. If the applicant submits a batched application, a separate RF report shall be prepared for each facility associated with the batch. (8) Regulatory Authorization. The applicant shall submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. (9) Pole License Agreement. For any small wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights-of-way, the applicant shall submit an executed Pole License Small Wireless Facility Policy page 12 /39 Agreement on a form prepared by the City that states the terms and conditions for such non-exclusive use by the applicant. No changes shall be permitted to the City's Pole License Agreement except as may be (i) indicated on the form itself or (ii) approved on a case-by-case basis by the City Manager (or his or her designee), provided that the City Attorney concurs that such change does not affect a material term or expose the City to an undue risk considering the nature of the licensee, licensed infrastructure and proposed use(s). Any unpermitted changes to the City's Pole License Agreement shall be deemed a basis to deem the application incomplete. Refusal to accept the terms and conditions in the City's Pole License Agreement shall be an independently sufficient basis to deny the application without prejudice. (10) Title Report and Property Owner's Authorization. For any small wireless facility proposed to be installed on any private property not owned or controlled by the City, whether in whole or in part, the applicant must submit: (i) a title report issued within 30 days from the date the applicant filed the application; and (ii) if the applicant is not the property owner, a written authorization signed by the property owner identified in the title report that authorizes the applicant to submit and accept an encroachment permit in connection with the subject property. For any small wireless facility proposed to be installed on a support structure in the public right-of-way, the applicant must submit the support structure identification number, the FCC identification number, if applicable, and a written authorization from the support structure owner(s). (11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by a licensed engineer for the proposed small wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits. (12) Global Position System Coordinates and Other Wireless Carriers. All applications for installation shall include accurate global position system coordinates in degrees, minutes, and seconds format and the name and contact information of other collocated wireless carrier(s) if applicable. (b) Voluntary Presubmittal Conference. The City strongly encourages, but does not require, applicants to schedule and attend a presubmittal conference with the Director and other City staff. This voluntary, presubmittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through collaborative, informal discussion that includes, without limitation, Small Wireless Facility Policy page 13 /39 the appropriate project classification and review process; any latent issues in connection with the proposed project and/or project site, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments implicated by the proposed project; and application completeness issues. Presubmittal conferences are especially encouraged when an applicant seeks to submit one or more batched applications so that the Director may advise the applicant about any staffing or scheduling issues that may hinder the City's ability to meet the presumptively reasonable timeframes under the FCC Shot Clock. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications, plans, maps or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable in their then-current form. The Director will use reasonable efforts to provide the applicant with an appointment within approximately five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the staff time and services rendered in the presubmittal conference. (c) Submittal Appointments. All applications must be submitted in person to the City at a pre-scheduled appointment with the Director. Prospective applicants may generally submit one application per appointment, or up to five individual applications per appointment as a batch. Potential applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants for any other development project as determined by the Director. The Director shall use reasonable efforts to offer an appointment within five working days after the Director receives a written request from a potential applicant. Any purported application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed, whether the City retains, returns or destroys the materials received. (d) Incomplete Applications Deemed Withdrawn. Any application governed under this Policy shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the Director within 60 calendar days after the Director deems the application incomplete by written notice. As used in this subsection (d), a "substantive response" must include, at a minimum, some or all the materials identified as incomplete in the written incomplete notice. (e) Additional Administrative Requirements and Regulations. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy. The Director further authorizes the Director to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for Small Wireless Facility Policy page 14 / 39 appointments and/or submittals without appointments, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. SECTION 7. DECISIONS (a) Administrative Decision. The Director shall act on a complete and duly filed encroachment permit application. The Director's decision to approve or deny an application shall not require a public hearing. (b) Decision Notice. Within five calendar days after the Director acts on an encroachment permit application, the Director shall provide written notice to the applicant. If the Director denies an application (with or without prejudice)for a small wireless facility, the written notice must also contain the reasons for the denial. The reasons for denial should be clear enough to enable a reasonable person to understand which codes, ordinances, regulations or other legal requirements the application failed to meet. (c) Required Findings for Approval. The Director may approve or conditionally approve a complete and duly filed application for an encroachment permit when the Director finds: (1) the proposed project complies with all applicable design standards in this Policy; (2) the proposed project would be in the most preferred location within 300 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location(s) within 300 feet would be technically infeasible; (3) the proposed project would not be located on a prohibited support structure identified in this Policy; (4) the proposed project would be on the most preferred support structure within 300 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred support structure(s) within 300 feet would be technically infeasible; (5) if the proposed project involves a wireless facility, the proposed project fits within the definition for a "small wireless facility" as defined by the FCC; and (6) if the proposed project involves a wireless facility, the applicant has demonstrated that the proposed project will be in planned compliance with all Small Wireless Facility Policy page 15 /39 applicable FCC regulations and guidelines for human exposure to RF emissions. (d) Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or California laws, nothing in this Policy is intended to limit the Director's ability to conditionally approve or deny without prejudice any encroachment permit application as may be necessary or appropriate to ensure compliance with this Policy, any public health and safety requirements or any other applicable code, ordinance, regulation or other legal requirement. SECTION 8. CONDITIONS OF APPROVAL (a) Standard Conditions. Except as may be authorized in subsection (b), all encroachment permits issued under this Policy shall be automatically subject to the conditions in this subsection (a). (1 ) Permit Term. The authorization for this small wireless facility will automatically expire 10 years and one day from its issuance unless California Government Code § 65964(b) authorizes the City to establish a shorter term for public safety reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. (2) Permit Renewal. Not more than one year before the term of authorization for this facility expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject small wireless facility or other infrastructure deployment complies with all the conditions of approval associated with this encroachment permit and all applicable provisions in the Temecula Municipal Code and this Policy that exist at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by- case basis as may be necessary or appropriate to ensure compliance with the Temecula Municipal Code, this Policy or other applicable law. Upon renewal, the authorization for the facility will automatically expire 10 years and one day from its issuance. (3) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility or other infrastructure deployment approved or deemed-approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility or other infrastructure deployment has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs. Small Wireless Facility Policy page 16 / 39 (4) Build-Out Period. This encroachment permit will automatically expire six (6) months from the approval date (the "build-out period") unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved small wireless facility or other infrastructure deployment, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, support structure or the small wireless facility or other infrastructure deployment and its use. The permittee may request in writing, and the City may grant in writing, one six-month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for a six-month extension. If the build-out period and any extension finally expires, the permit shall be automatically void but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. (5) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this encroachment permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. If the permittee fails to remediate the graffiti or other vandalism within the 48-hour period, the City may (but shall not have the obligation to) perform the remediation at the permittee's cost, and the permittee shall reimburse the City for all actual and documented costs within 10 business days after a written request for reimbursement from the City. (6) Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the small wireless facility or other infrastructure deployment or any use or activities in connection with the use authorized in this encroachment permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Temecula Municipal Code, this Policy any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Temecula Municipal Code, this Policy, any permit, any permit condition or any applicable law or regulation. Small Wireless Facility Policy page 17 / 39 (7) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. Construction shall be scheduled and conducted so as to minimize interference with public use of the right-of-way including access to the right-of-way from private property. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Temecula Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare an emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. (8) Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. (9) Permittee's Contact Information. Within 10 days from the final approval, the permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the small wireless facility or other infrastructure deployment, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the City with updated contact information if either the responsible person or such person's contact information changes. (10) Indemnification. The permittee and, if applicable, the property owner upon which the small wireless facility or other infrastructure deployment is installed shall defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "indemnitees")from any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, Small Wireless Facility Policy page 18 / 39 writs and other actions or proceedings ("claims") brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of this encroachment permit, and (ii) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with this encroachment permit or the small wireless facility or other infrastructure deployment. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this encroachment permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this encroachment permit. (11) Performance Bond. Before the City issues any permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or other infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the small wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the small wireless facility or other infrastructure deployment to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject small wireless facility or other infrastructure deployment in accordance with this condition. (12) Permit Revocation. Any permit granted under this Policy may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes without Small Wireless Facility Policy page 19 / 39 limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before any public hearing to revoke a permit granted under this Policy, the Director must issue a written notice to the permittee that specifies (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe in which the permittee must correct such violation(s); and (iv) that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). A permit granted under this Policy may be revoked only by the City Council after a duly notice public hearing. The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. (13) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the encroachment permit application, encroachment permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the encroachment permit (collectively, "records"). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law. (14) Abandoned Facilities. The small wireless facility or other infrastructure deployment authorized under this encroachment permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility or other infrastructure deployment is abandoned or deemed abandoned, the permittee and/or property owner shall completely Small Wireless Facility Policy page 20 / 39 remove the small wireless facility or other infrastructure deployment and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Temecula Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. (15) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (16) Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee's request for authorization to construct, install and/or operate the small wireless facility will cause the City to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the small wireless facility or other infrastructure deployment; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs 10 days after a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the City shall have the right to withhold any permits or other approvals in connection with the small wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee. (17) Future Undergrounding Programs. Notwithstanding any term remaining on any encroachment permit, if other utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee's small wireless facility or other infrastructure deployment is located, the permittee must also underground its equipment, except the antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt Small Wireless Facility Policy page 21 /39 from this condition. Small wireless facilities and other infrastructure deployments installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the City's standards and specifications. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. (18) Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment. (19) Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (A) change any street grade, width or location; (B) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (C) perform any other work deemed necessary, useful or desirable by the City (collectively, "City work"). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in this encroachment permit. If the Director determines that any City work will require the permittee's small wireless facility located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's small wireless facility or other infrastructure deployment within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility or other infrastructure deployment without prior notice to permittee when the Director determines that City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. (20) Truthful and Accurate Statements. The permittee acknowledges that the City's approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee's behalf. In any matter before the City in connection with the encroachment permit or the small wireless facility or Small Wireless Facility Policy page 22 /39 other infrastructure approved under the encroachment permit, neither the permittee nor any person authorized to act on permittee's behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. (21) Underground Conduit. Permittee shall utilize existing conduit whenever possible in accordance with Temecula Municipal Code Section 5.12.160. Permittee shall investigate all existing facilities by other utilities to determine whether any excess capacity in any existing conduit is available on reasonable terms and conditions. No excavation for new conduit shall be permitted until and unless permittee certifies in a written statement the efforts made by permittee to evaluate shared conduit opportunities and that no excess capacity in any existing conduit is available on reasonable terms and conditions. New underground telecommunications and electrical conduit shall be placed behind curb in accordance with City Standard Drawing 609 and the shallowest conduit installed shall be at least 30 inches below finished grade. (22) Trenches and Excavation. Permittee shall use directional bores rather than open-trench excavation whenever possible, unless the Director approves a different alternative conduit installation method. When an open-trench excavation is permitted, trench repair shall comply with City Standard Drawings 407 and 407A. All excavations shall be permanently paved at the end of each workday with a hot mix asphalt concrete base course flush with adjacent pavement. Temporary asphalt concrete pavement shall not be used. After any trench repair is completed, permittee shall submit to the Director a compaction report prepared by a geotechnical report. (23) Traffic Control Plan. Prior to any work commenced in the public rights-of-way, permittee shall submit a traffic control plan for the Director's review and approval. (24) Dust and Water Discharge Control. Construction sites shall be watered at least twice daily to control dust caused by site preparation and construction activities. Watering intervals shall be increased whenever wind speeds exceed 15 miles per hour. Where feasible, reclaimed water shall be used for this purpose. Cover all trucks hauling soil, sand, paving materials, and other loose materials or require all trucks to maintain at least two (2) feet of space between the top of the load and the top of the trailer. Streets shall be swept at the end of each workday if soil, sand, or other material has been carried onto adjacent paved streets or sidewalks. When feasible, streets shall be swept using reclaimed water. Best Management Practices shall be used to prevent oil, dirt, and other materials from construction equipment or activity from washing into the City storm drainage system. Water discharge resulting from both Small Wireless Facility Policy page 23/39 construction and underground facility drainage shall comply with National Pollutant Discharge Elimination System ("NPDES") regulations. (b) Modified Conditions. The City Council authorizes the Director to modify, add or remove conditions to any encroachment permit as the Director deems necessary or appropriate to: (1 ) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in subsection (a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment need for compliance with the Temecula Municipal Code, this policy, generally applicable health and safety requirements and/or any other applicable laws. To the extent required by applicable FCC regulations, the Director shall take care to ensure that any different conditions applied to small wireless facilities are no more burdensome than those applied to other infrastructure deployments. SECTION 9. LOCATION STANDARDS (a) Location Preferences. To better assist applicants and decision makers understand and respond to the community's aesthetic preferences and values, this subsection sets out listed preferences for locations to be used in connection with small wireless facilities in an ordered hierarchy. Applications that involve lesser- preferred locations may be approved so long as the applicant demonstrates by clear and convincing evidence in the written record that either (1 ) no more preferred locations or structures exist within 300 feet from the proposed site; or (2) any more preferred locations or structurers within 300 feet from the proposed site would be technically infeasible as supported. The City prefers small cells in the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows: (1 ) locations within industrial districts, office districts or commercial districts on or along urban, principal or major arterials; (2) locations within industrial districts, office districts or commercial districts on or along secondary, modified secondary or limited secondary arterials; (3) locations within industrial districts, office districts or commercial districts on or along collectors or rural highways; (4) locations within industrial districts, office districts or commercial districts on or along local streets; (5) locations within residential districts on or along urban, principal or major arterials; (6) locations within residential districts on or along secondary, modified secondary or limited secondary arterials; Small Wireless Facility Policy page 24 /39 (7) locations within residential districts on or along collectors or rural highways; (8) locations within residential districts on or along local streets; (9) any location within 300 feet from an existing small wireless facility; (10) any location within 300 feet from any structure approved for a residential use. (b) Prohibited Support Structures. Except when authorized as a pre-approved design pursuant to this Policy, small cells shall not be permitted on the following support structures: (1) decorative poles; (2) traffic signal poles, cabinets or related structures; (3) new, nonreplacement wood poles; (4) streetlights with existing attachments by Southern California Edison, or the City or other governmental agencies; (5) any utility pole scheduled for removal or relocation within 18 months from the time the Director acts on the small cell application; (c) Encroachments Over Private Property. No small cell antennas, accessory equipment or other improvements may encroach onto or over any private or other property outside the public rights-of-way without the property owner's express written consent. (d) No Interference with Other Uses. Small cells and any associated antennas, accessory equipment or improvements shall not be located in any place or manner that would physically interfere with or impede access to any: (1) worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (2) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (3) worker access to above-ground or underground infrastructure owned or operated by any public or private utility agency; (4)fire hydrant or water valve; (5) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (6) access to any fire escape. (e) Replacement Pole Location. All replacement poles must: (1) be located as close to the removed pole as possible; (2) be aligned with the other existing poles along Small Wireless Facility Policy page 25/39 the public rights-of-way; and (3) be compliant with all applicable standards and specifications by the city engineer or his or her designee. (f) Additional Placement Requirements. In addition to all other requirements in this Policy, small wireless facilities, other infrastructure deployments and all related equipment and improvements shall: (1 ) be placed as close as possible to the property corners or property line between two parcels that abut the public rights-of-way; (2) not be placed directly in front of any door or window; (3) not be placed within any sight distance triangles at any intersections; (4) be placed at least three feet away from any driveway or established pedestrian pathway between a residential structure and the public rights-of-way; (5) be placed at least 15 feet away from any driveways for police stations, fire stations or other emergency responder facilities. SECTION 10. DESIGN STANDARDS (a) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat, non-reflective hues that match the underlying support structure or blend with the surrounding environment. All surfaces shall be treated with graffiti-resistant sealant. All finishes shall be subject to the Director's prior approval. (b) Noise. Small cells and all associated antennas, accessory equipment and other improvements shall not exceed the following: (1) 20 dBA with any ambient noise levels filtered out or otherwise eliminated and (2) the applicable noise control standards and regulations in the Temecula Municipal Code chapter 9.20, as either may be amended or superseded. To enforce compliance with this subsection, the City Manager or the City Manager's designee shall comply with the methodology in Temecula Municipal Code section 9.20.050; provided, however that the measurement distance from any noise-emitting equipment shall be consistent with acoustical engineering best practices. (c) Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights- of-way in a manner consistent with Riverside County Ordinance No. 655 (Palomar Light Pollution Ordinance), any other standards and specifications by the city engineer or his or her designee. All antennas, accessory equipment and other improvements with indicator or status lights must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. Flashing lights may not be used unless required by the FCC or other federal or state regulatory agencies. Small Wireless Facility Policy page 26 / 39 (d) Trees and Landscaping. Small wireless facilities and other infrastructure deployments shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities and other infrastructure deployments may not displace any existing tree or landscape features unless: (A) such displaced tree or landscaping is replaced with native and/or drought-resistant trees, plants or other landscape features approved by the Director and (B) the applicant submits and adheres to a landscape maintenance plan. Only International Society of Arboriculture certified workers under a licensed arborist's supervision shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree unless approved by the Director. This section does not supersede the City's Heritage Tree Ordinance in Temecula Municipal Code Chapter 8.48, as may be amended or superseded. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (e) Signs and Advertisements. All small wireless facilities and other infrastructure deployments that involve RF transmitters must include signage that accurately identifies the site owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Small wireless facilities and other infrastructure deployments may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. Signage may not be placed at pedestrian eye level and may not consist of large repetitive stickers unless specifically required by the FCC or other state or federal regulatory agencies. (f) Site Security Measures. Small wireless facilities and other infrastructure deployments may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. The Director shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small wireless facilities shall be constructed from or coated with graffiti-resistant materials. (g) Compliance with Health and Safety Regulations. All small wireless facilities and other infrastructure deployments shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions and compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.). (h) Antennas. The provisions in this subsection (h) are generally applicable to all antennas. (1) Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a Small Wireless Facility Policy page 27 / 39 single shroud or radome. For pole-top antennas, the shroud shall not exceed 2.5 times the median pole diameter and must taper down to pole to cover mounting hardware, cables, wires, jumpers and other equipment between the pole and the antenna. For side-arm antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the antenna. The shroud shall not interfere with the mast arm of the streetlight. imaimposvit, % 7 b •.. # t �' d i ,fir►. :,.�..��. Figure 1: Antenna concealed within a single shroud (or radome) with a tapered cable shroud between the antenna and pole-top (2) Antenna Volume. Each individual antenna associated with a single small cell shall not exceed three cubic feet. The cumulative volume for all antennas on a Small Wireless Facility Policy page 28 / 39 single small cell shall not exceed: (A) three cubic feet in residential areas; or (B) six cubic feet in nonresidential areas. (3) Overall Height. No antenna may extend more than six feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations. (4) Horizontal Projection. Side-mounted antennas, where permitted, shall not project: (A) more than 48 inches from the support structure; (B) over any roadway for vehicular travel; or (C) over any abutting private property. If applicable laws require a side-mounted antenna to project more than 48 inches from the support structure, the projection shall be no greater than required for compliance with such laws. -/Y: PW II i -\ -8441141Pr- it ,. .. _ _ Iii . , i , I;E:0 , ... .. ilk I -a IP it i r r I NI I.:+ Figure 2: Pole-top antenna on a wood utility pole with tapered shroud. (i) Accessory Equipment Volume. The cumulative volume for all accessory equipment for a single small wireless facility or other infrastructure deployment shall not exceed: (A) nine cubic feet in residential areas or (B) seventeen cubic feet in nonresidential areas. The volume limits in this subsection (i) do not apply to any undergrounded accessory equipment. Small Wireless Facility Policy page 29 / 39 (j) Undergrounded Accessory Equipment. (1) Where Required. Accessory equipment (other than any electric meter (where permitted) emergency disconnect switch) shall be placed underground when proposed in any (A) underground district or (B) any location where the Director finds substantial evidence that the additional above-ground accessory equipment would incommode the public's uses in the public rights-of-way. Notwithstanding the preceding sentence, the Director may grant an exception when the applicant demonstrates by clear and convincing evidence that compliance with this section would be technically infeasible. (2) Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. All vault lids shall be constructed from materials rated for heavy traffic and acceptable to the Director. 9 r i i Small Wireless Facility Policy page 30 / 39 . . +�. r • i .. + ,. . . Y .R iic y� 1. , r 1f— / hr werf° . Figure 3: Flush-to-grade underground equipment vault. (k) Pole-Mounted Accessory Equipment. The provisions in this subsection (k) are applicable to all pole-mounted accessory equipment in connection with small wireless facilities and other infrastructure deployments. (1) Preferred Concealment Techniques. Applicants should propose to place any pole-mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. In general, pole- mounted accessory equipment should be distributed vertically on the pole to reduce its overall profile. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. (2) Minimum Vertical Clearance. The lowest point on any pole-mounted accessory equipment shall be at least 10 feet above ground level adjacent to Small Wireless Facility Policy page 31 /39 the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws. 1 w r V:,4- 4 s I , { 1- I‘, \ , 1 if. Figure 4: Pole-mounted accessory equipment shroud on a wood utility pole. (3) Horizontal Projection. Pole-mounted accessory equipment shall not project: (i) more than 24 inches from the pole surface; (ii)over any roadway for vehicular travel; or (iii) over any abutting private property. All pole-mounted accessory equipment shall be mounted flush to the pole surface. If applicable laws preclude flush-mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet "flaps" or "wings"). Small Wireless Facility Policy page 32 / 39 ,, t } ' . YI I �. 77 \ 7 ,` 1 i i iiir ,' .1 ,,,_ 1 1 itt. i p ', :1: , kei? , .4mmir .. 1. Figure 5: Shrouded, side-mounted antenna on wood utility pole to comply with CPUC horizontal separation requirements Small Wireless Facility Policy page 33 / 39 . yam= 1 jE it "' Meg/ I Figure 6: Flush-mounted radio shroud. (4) Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation. Small Wireless Facility Policy page 34 / 39 wen Figure 7: Accessory equipment concealed behind banners. (I) Ground-Mounted or Base-Mounted Accessory Equipment. The provisions in this subsection (I) are applicable to all ground-mounted and base-mounted accessory equipment in connection with small wireless facilities and other infrastructure deployments. Small Wireless Facility Policy page 35 /39 %: , .P ; � V' at •t ri:w, lC f. � C.••• , Wait Cam AK r.0. •,',4 _ ...ffilY-pt;74;.•,. :.„,•40. P.14.,..: irt.0•QA:1 w .4 ftt' ;. it r. Y` �"..i .� Campus f .T 4'„ r •i J, vi,H. StormsC i 11by task s. • ; - - East s w . ....., 7.,• . a-4. ,''' ;wok: !. .IFIHit, li ' sm Om. .z., , ;4 • [ . 11114 Figure 8: Base-mounted accessory equipment. (1) Ground-Mounted Concealment. All ground-mounted equipment cabinets shall be placed behind the sidewalk. On collector roads and local roads, the City prefers ground-mounted accessory equipment to be concealed as follows: (A) within a landscaped parkway, median or similar location, behind or among new/existing landscape features and painted or wrapped in flat natural colors to blend with the landscape features; and (B) if landscaping concealment is not technically feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks. On arterial roads outside underground districts, proposed ground-mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground- mounted accessory equipment cabinets. Small Wireless Facility Policy page 36 / 39 I to ., At . k ,( , ^ 1 A ,t 1 ,?' . . •/..!,. . i; ;_, _,,,, ., tt.1 T4)4 07:A.00;411„. ,,I. ,, • ~,, , . i' I i ilk41111111111' , ._-_ wAw-___ •. . , _ ._ ini .-- :am _ , , . 4 _ _ _ „... , , ..4.• Figure 9: Ground-mounted accessory equipment concealed as a mailbox. (2) Public Safety Visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground-mounted accessory equipment cabinet may exceed 4.5 feet in height or 2.5 feet in width. Ground-mounted and base-mounted equipment cabinets shall not have any horizontal flat surfaces greater than 1.5 square inches to prevent litter or other objects left on such surfaces. Small Wireless Facility Policy page 37 /39 (m) Utilities. The provisions in this subsection (m) are applicable to all utilities and other related improvements that serve small wireless facilities and other infrastructure deployments. (1) Overhead Lines. The Director shall not approve any new overhead utility lines in underground districts. In areas with existing overhead lines, new communication lines shall be "overlashed" with existing communication lines. No new overhead utility lines shall be permitted to traverse any roadway used for vehicular transit. (2) Vertical Cable Risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying pole. (3) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. (4) Electric Meters. Small cells and other infrastructure deployments shall use flat- rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. If the proposed project involves a ground- mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet, but the Director shall not approve a separate ground- mounted electric meter pedestal. (5) Existing Conduit or Circuits. To reduce unnecessary wear and tear on the public rights-of-way, applicants are encouraged to use existing conduits and/or electric circuits whenever available and technically feasible. Access to any conduit and/or circuits owned by the City shall be subject to the Director's prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City's infrastructure, prevent interference with the City's municipal functions and public health and safety. SECTION 11. PREAPPROVED DESIGNS (a) Purpose. To expedite the review process and encourage collaborative designs among applicants and the City, the City Council authorizes the Director to designate one or more preapproved designs for small wireless facilities and other infrastructure deployments. This Section 11 sets out the process to establish or Small Wireless Facility Policy page 38 /39 repeal a preapproved design and the expedited review procedures and findings applicable to these applications. (b) Adoption. The Director may, in the Director's discretion, establish a preapproved design when the Director finds that a proposed preapproved design substantially complies with the design standards in this Policy; provided, however, that the Director may approve an increased antenna or equipment volume so long as the increase is not more than 15% greater than the applicable limit and other concealment techniques offset any increased aesthetic impact. The Director shall make a catalogue of all preapproved designs publicly available. (c) Repeal. The Director may repeal any preapproved design by removal from the catalogue of all preapproved designs. The repeal shall be immediately effective. The Director's repeal, refusal to repeal or failure to act on a request to repeal a preapproved design is not appealable. (d) Modified Findings. When an applicant submits a complete application for a preapproved design, the Director shall presume that the findings for approval in Sections 7(c)(1) and 7(c)(5) are satisfied and shall evaluate the application for compliance with the findings for approval in Sections 7(c)(2), 7(c)(3), 7(c)(4) and 7(c)(6). (e) Nondiscrimination. Any applicant may propose to use any preapproved design whether the applicant initially requested that the Director adopt such preapproved design or not. The Director's decision to adopt a preapproved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the preapproved plans. Any other vendor or manufacturer that fabricates a facility to the standards and specifications in the preapproved design with like materials, finishes and overall quality shall be acceptable as a preapproved design. Small Wireless Facility Policy page 39 /39