A.

Notwithstanding Section 17.03.170 or any other provision in Chapter 17.03 to the contrary, any application for approval of an "eligible facilities request" (as defined in 47 C.F.R. § 1.40001.(b)(3)) shall be reviewed using administrative review in accordance with the procedures set forth in Section 17.03.020.A.2. of Chapter 17.03. Pursuant to 47 C.F.R. § 1.40001.(b)(3), an "eligible facilities request" is defined as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

1.

Collocation of new transmission equipment;

2.

Removal of transmission equipment; or

3.

Replacement of transmission equipment.

B.

A substantial change, as defined in 47 C.F.R. § 1.40001, is a change where the physical dimensions of an eligible support structure meets any of the criteria in subsections B.1. to B.6., below. Notwithstanding any other provisions in Title 17 to the contrary, a substantial change to an eligible support structure shall be subject to Section 17.03.170 (Conditional Use Permit) and the requirements of this chapter:

1.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

a.

Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the adoption of this chapter.

2.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

4.

It entails any excavation or deployment outside the current site;

5.

It would defeat the concealment elements of the eligible support structure; or

6.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 47 C.F.R. § 1.40001(b)(7)(i) through (iv).

C.

Upon receipt of an application for an "eligible facilities request", the city planner, or his/her designee, shall make a decision on the application within sixty (60) days from the date in which an application is received, unless it is determined that the application is not covered under subsection A., above, or unless the time for action has been tolled by a timely notice of incompleteness, or by mutual agreement with the applicant.

D.

Upon receipt of an application for a collocation or modification to an eligible support structure where it is determined to be a substantial change in accordance with subsection B., above, the planning commission shall make a decision on the application within ninety (90) days from the date in which an application is received, or unless the time for action has been tolled by a timely notice of incompleteness, or by mutual agreement with the applicant.

E.

All other siting applications relative to "personal wireless service" facilities, as defined in Section 6409(a) (47 U.S.C. 1455) and eligible for Federal Communication Commission timelines pursuant to 47 U.S.C. § 332(c)(7), the planning commission shall make a decision on the application within one hundred fifty (150) days from the date in which an application is received, or unless the time for action has been tolled by a timely notice of incompleteness, or by mutual agreement with the applicant.

F.

Effect of Changes to Federal Law. This section does not and shall not be construed to grant any rights beyond those granted by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) as implemented by 47 C.F.R. 1.40001. In the event Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) or 47 C.F.R. 1.40001 are stayed, amended, revised or otherwise not in effect, no modifications to a wireless communications facility shall be approved under this section.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

A.

Notwithstanding any other provision in Title 17 to the contrary, wireless communication facilities are permitted in all zone districts and the village specific plan subject to approval of a conditional use permit pursuant to Section 17.03.170, except for wireless communication facilities in residential, C-1, and C-3 zones and the residential land use designation in the village specific plan. Wireless communication facilities are prohibited in all residential zones and in commercial zones C-1 and C-3 and the residential land use designation in the village specific plan.

B.

The wireless communication facilities described in subsections B.1 to B.4., below, are permitted uses in all commercial and public zone districts, and non-residential land use designations in the village specific plan. The wireless communication facilities described in subsections B.1. to B.2., below, are permitted uses in residential zones. However, wireless communication facilities described in subsections B.3. to B.4. shall require a plot plan review pursuant to Section 17.03.160 for new construction or change of use or new accessory use; and may require a minor modification pursuant to Section 17.03.250 for minor changes to existing wireless communication facilities.

1.

Interior and exterior facilities accessory to a permitted use of a site, limited to, television antennas, satellite dishes, amateur radio facilities and AM/FM radio reception-only antennas meeting all the requirements set forth below:

a.

Direct broadcast satellite dishes and television broadcast service antennas or antennas used to receive or transmit fixed wireless signals shall not exceed one meter in diameter.

b.

Ground mounted antennas and wireless support structures shall be located entirely on site and meet all required setbacks. Antennas, including the wireless support structure, shall not be located within front or side yard setbacks and shall be screened from public view to the extent practical. No portion of the antenna or wireless support structure may overhang or extend beyond any property line.

c.

Antenna height shall not exceed the maximum allowable building height for the zone district in which it is located by more than fifteen (15) feet. The wireless support structure shall not exceed a width or diameter of twenty-four (24) inches.

2.

Personal wireless internet equipment, such as a wireless router and micro cell wireless signal boosters, provided that the equipment is included entirely within a building or residence.

3.

Outdoor micro cell wireless signal boosters that are an accessory use, and are concealed from public view or designed as an architectural component of the building.

4.

Broadcasting and repeater antennas pertaining to low power FM radio and educational broadband service stations for non-commercial or educational uses. The antenna shall not extend more than fifteen (15) feet beyond the maximum allowed building height for the zone and shall be screened from public view to the extent practical.

C.

The following wireless communication facilities are exempt from the requirement for a conditional use permit, provided they meet the location and design requirements set forth below:

1.

Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

2.

Wireless communication facilities accessory to other publicly owned or operated equipment for data acquisition such as traffic signal controls.

3.

Wireless communication facilities erected and operated for emergency situations, as designated by the police chief or city manager so long as the facility is removed at the conclusion of the emergency.

4.

Multipoint distribution service antennae and other temporary mobile wireless service including mobile communication facilities and services providing public information coverage of news events when placed at a location for less than two weeks duration.

5.

Mobile facilities when placed on a site for less than seven consecutive days provided any necessary city permit is obtained.

6.

Any wireless communication facility, if and only to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

Notwithstanding any other provision of this section to the contrary, the reviewing authority may grant an exception to any of the requirements of this chapter, if the reviewing authority makes a finding that the applicant has demonstrated that the refusal of the reviewing authority to allow such a use would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC § 332(c)(7), or otherwise is preempted or prohibited by state or federal law.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

A.

The use of stealth antennas, disguised as an integral part of the design of a building, or collocation (as defined in 47 C.F.R. § 1.40001(b)(2)) is preferred over the construction of separate wireless support structures to hold communication equipment. When mounted on a building, antennae shall be painted or finished so as to match the building.

B.

The following requirements shall be met for wireless communication facilities:

1.

Wireless communication facility shall be designed to facilitate collocation of other facilities, where feasible.

2.

Wireless communication facility shall be camouflaged or treated in some way to blend in with the surroundings, such as through use of foliage to resemble a tree, or other appropriate methods, such as but not limited to a structure resembling a clock tower, water tower or windmill. The camouflage material need not be counted in establishing the height of the structure.

3.

Maximum height of a wireless communication facility shall not exceed sixty (60) feet for a single user, or sixty-five (65) feet where the facility is designed to allow co-location, except as otherwise approved (a) through a minor deviation or variance pursuant to Section 17.03.180, or (b) under 17.14.010 of this chapter pursuant to 47 U.S.C. § 1455.

4.

All required setbacks shall be met on the site.

5.

The reviewing authority may require an alternative site analysis to mitigate visual, land use, or environmental impacts.

6.

Wireless communication facilities shall not be located closer than one hundred fifty (150) feet from any property zoned for residential uses.

7.

Where appropriate and practicable, the reviewing authority may require tree planting or other landscaping to supplement screening the tower and related equipment as required in subsection B.2 above.

8.

Fencing and equipment structures and enclosures shall include use of wood, gable roof lines, and earth-tone colors when in locations visible to the general public.

9.

Placement of a wireless communication facility on an existing development site shall not reduce required space allocated to parking, loading, landscaping, open space, and service areas.

10.

No form of advertisement shall be allowed on a wireless communication facility. The display of any sign or graphics on a wireless communication facility is prohibited, except for public warning signs as required by law.

11.

All wires, cables, and utility lines shall be placed underground, except for cables attached flush to the surface of a building or to the structure of the antenna. All underground wires and utility lines shall be placed so as to minimize disruption to critical root zones of trees.

12.

When deemed appropriate by the reviewing authority, the duration of the approval period for a wireless communication facility shall be established by the conditional use permit, and the applicant will be required to enter into an agreement stipulating to such approval period as a condition of approval. An extension of the conditional use permit may be granted, and new conditions of approval may be applied to the extension based on changing conditions or development in the surrounding area.

13.

Prior to ceasing operation of the wireless communication facility, the operator shall notify the city planner in writing. If the discontinued use is permanent, the owner and/or operator shall promptly remove the facility, and repair any damage to the premises caused by such removal, which may include re-vegetation. All such removal and repair shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable codes and regulations. For purposes of this paragraph, a facility shall be considered to be discontinued permanently after being vacated for a period of one hundred eighty (180) days. Any subsequent proposal to use the facility shall require approval of a new conditional use permit.

14.

Wireless communication facilities that have been determined to be inoperative or abandoned for a period of one hundred eighty (180) days shall be removed, unless a new application to re-establish the use is filed with the city.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

Any wireless communication facility within a highway (as defined in Section 12.04.060(F) and including a street and State Highway 18) shall be subject to all the requirements of Division 1 of Title 12 and shall require a conditional use permit, except for wireless communication facilities within a highway segment that is bordered on both sides by residential zoning shall be prohibited. A conditional use permit for a wireless communication facility or a modification or change of conditions to an approved communication facility located in a highway may be granted only if, in addition to satisfying the requirements of Division 1 of Title 12, it is found that the proposed wireless communication facility satisfies the following criteria:

A.

The wireless communication facility will be located only in a highway where telephone lines are aerial.

B.

The wireless communication facility will not have a significant adverse impact on the use of the highway, including but not limited to, the safe movement and visibility of vehicles and pedestrians, and minimizes the visual impact of the facilities to adjoining properties.

C.

The wireless communication facility will not require an expansion of the footprint of an existing wireless support structure (including guy wires) of more than ten percent (10%).

D.

New wireless support structures shall not be allowed in highways.

E.

The highway will be a minimum of forty (40) feet in width.

F.

The wireless communication facility shall not exceed forty-five (45) feet in height above ground level.

G.

The wireless communication facility shall be painted a color that is compatible with the surrounding area improvements.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

Wireless communication facilities shall be subject to the following standard conditions of approval, as well as, any additional conditions of approval deemed necessary by the city council, planning commission or city planner to properly integrate the facility within the surrounding land uses.

A.

The applicant shall defend, indemnify, and hold harmless the City of Big Bear Lake and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Big Bear Lake, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Big Bear Lake concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or city planner. The city shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the city shall cooperate fully in the defense of the matter. The city reserves the right, at its own option, to choose its own attorney to represent the city, its officers, employees, and agents in the defense of the matter.

B.

Approval of a wireless communication facility does not relieve the applicant from complying with other applicable federal, state, county or city regulations or requirements.

C.

The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with all pertinent requirements in the Big Bear Lake Municipal Code, including the requirement that a business license be obtained by all entities doing business in the city.

D.

The wireless communication facility shall meet the standards and shall be developed within the limits established by the Big Bear Lake Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation.

E.

All applicable regulations of the Big Bear Lake Municipal Code shall apply, including but not limited to, the currently adopted edition of the California Building Code, California Mechanical Code, California Electrical Code, California Fire Code; and the California Code of Regulations.

F.

Neither barbed wire nor chain-link fencing is permitted on any structures or walls on the subject property where the wireless communication facility is located.

G.

Any of the trees to remain on the site, and any new trees planted pursuant to this approval, that have died within twenty-four (24) months after issuance of a certificate of occupancy shall be replaced at a one-to-one ratio with a twenty-four-inch boxed tree selected from Exhibit 1 (Trees of the Big Bear Area) contained in the Tree Conservation Ordinance of the same species.

H.

The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including clearing of trash, weeds and debris, lighting, and other site improvements within the property containing the wireless communication facility.

I.

The applicant shall provide regular, on-going maintenance of the wireless communication facility including, but not limited to, replacement and repair of any faux branches, repainting and retexturing of the monopole, repainting of the panels, and repainting and/or replacement of the equipment vault hatch and/or bollards.

J.

Construction hours shall be limited to seven a.m. to seven p.m.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)

In addition to the mandatory findings required under Chapter 17.03.170 (Conditional Use Permits) or Chapter 17.03.160 (Plot Plan Review) of this title, the planning commission may consider the following factors in determining whether to approve a conditional use permit or plot plan review, or in applying conditions of approval:

A.

Height of the proposed tower;

B.

Proximity of the tower to residential structures and residential district boundaries including public right-of-way;

C.

Nature of uses on adjacent and nearby properties;

D.

Surrounding topography;

E.

Surrounding tree coverage and foliage;

F.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

G.

Proposed ingress and egress;

H.

Availability of suitable and proximity of other existing towers and other structures.

(Ord. No. 2017-454, § 4(Exh. 1, § A), 6-12-2017)