Cerritos City Zoning Code

The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of telecommunication antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic qualities of Cerritos as set forth in the goals and policies of the Cerritos general plan. At the same time, the intent is to comply with the Telecommunications Act of 1996, to not unduly restrict the development of necessary telecommunications facilities and encourage managed development of telecommunications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities. The purpose in regulating the siting and design of wireless service facilities, accessory buildings and support equipment and structures is to permit their location within the city in accordance with existing federal law while minimizing the aesthetic impacts of this type of use through the use of carefully chosen siting and design criteria and through the use of natural and architectural screening in a manner that is compatible with the existing development policies and constraints that have been applied uniformly and historically throughout the city.

For the purpose of this chapter, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:

Applications for new telecommunication facilities and antennas shall be submitted as follows:

At the applicant’s request, the city will make every effort to insure the confidentiality of information which is considered to be of a proprietary nature. Said information, if required under this section for submittal of an application or permit, will be used for municipal planning purposes only. Except where noted below, the following shall be required with each application completed under this section:

All antennas and telecommunication facilities shall be subject to the following requirements, except permitted uses as noted in Section 22.42.030(1):

The standards contained within Sections 22.42.110 and 22.42.120 shall be applicable to wireless telecommunication facilities located on private property.

All wireless telecommunication facilities located in the city of Cerritos that are not mounted or attached in any way to an existing building, including but not limited to monopoles, towers and stealth structures, shall comply with the location and design criteria of this section. The city of Cerritos non-building-mounted wireless facility evaluation system does not specify exact locations or designs for telecommunication facilities. Rather, it provides applicants with a set of criteria that address all aspects of ground-mounted telecommunication facilities. These criteria are intended to guide and facilitate applicants in locating and designing a ground-mounted telecommunication facility that will be compatible with the purpose, intent and goals of this chapter. All reviews of ground-mounted telecommunication facilities shall solely utilize the criteria and evaluation system contained in this section.

The standards contained within Section 22.42.210 shall be applicable to telecommunication facilities located within a public right-of-way. These standards shall be applicable to any entity that installs and/or operates wire-less telecommunication facilities, except as otherwise exempt in this chapter.

All wireless telecommunication facilities located within a public right-of-way shall comply with the criteria of this section. These criteria are intended to guide and facilitate applicants in locating and designing facilities and supporting equipment in a manner that will be compatible with the purpose, intent, and goals of this chapter. It is the intent of the city to use its time, place, and manner authority to protect and preserve the aesthetics of the city.

Notwithstanding the provisions of this chapter, small wireless facilities, as defined herein, shall be installed in accordance with the policies, procedures, and requirements identified in the small wireless facility policy manual, as adopted or as amended by city council resolution. However, if the subject city council resolution is repealed at any time, the provisions of this chapter shall apply to the installation of a small wireless facility.

No permits shall be issued for any uses listed in Sections 22.42.100 and 22.42.200 unless the project is found to meet the findings set forth in this section. The applicant shall set forth in detail, on forms provided by the community development department, the manner in which the telecommunication facility:

Notwithstanding the provisions of this chapter, one or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the director of community development a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service. Exceptions shall be subject to the review and approval of the planning commission and city council. The burden is on the applicant to prove significant gaps and least intrusive means as required herein.

A signed agreement approved by the city shall be submitted to the director of community development prior to the approval of any permit or other entitlement for use authorizing the establishment or modification of any telecommunication facility. Said agreement shall bind the property owner, applicant, and the applicant’s successors-in-interest to:

Any violation of the agreement in Section 22.42.310 may result in the revocation of any permit or other entitlement for use authorizing the establishment or modification of any telecommunication facility. No revocation or modification of any permit or any other entitlement for failure to comply as described herein shall occur absent a duly noticed public hearing affording the permit holder due process.

The agreement required in Section 22.42.310 shall, if applicable, include the following requirements with respect to collocation:

Each permittee shall establish a permanent security fund for all facilities located within the city. All deposits made shall be in cash, an unconditional letter of credit, faithful performance bond, surety bond or other instrument acceptable to the city. The fund shall be maintained at the sole expense of the permittee so long as any of the permittee’s telecommunication facilities are located within the city. The funds deposited for a permitted facility shall remain for the duration of the permit for said facility. Upon renewal of a permit, the status of all funds used as security for said facility shall also be reviewed. Said security funds may be extended along with the permit or refunded to the applicant as determined by the original approving authority. All interest earned by the fund shall be returned to the participating permittees as determined by the director of administrative services. Permit-tees shall be required to deposit five thousand dollars for each building-mounted personal wireless service facility, ten thousand dollars for each non-stealth and non-building-mounted personal wireless service facility, and fifteen thousand dollars for each stealth, non-building-mounted personal wireless service facility. No provider shall be required in any event to make a total deposit and thereafter maintain more than sixty-five thousand dollars into the security fund. The fund shall serve as security for the full and complete performance of this chapter, including any costs, expenses, damages or loss the city pays or incurs, including civil penalties, because of any failure attributable to the permittee to comply with the codes, ordinances, rules, regulations or permits of the city. Before any funds are withdrawn from the security fund, the city shall give written notice to the permittee: (1) describing the act, default or failure to be remedied, or the damages, cost or expenses which the city has incurred by reason of the permittee’s act or default; (2) providing a reasonable opportunity for the permittee to first remedy the existing or ongoing default or failure, if applicable; (3) providing a reasonable opportunity for the permittee to pay any monies due the city before the city withdraws the amount thereof from the security fund, if applicable; and (4) that the permittee will be given an opportunity to review the act, default or failure described in the notice with the city manager or their designee. If a wireless telecommunication facility is removed, the applicant shall notify the city regarding any funds deposited as security for said facility. The entire fund deposit, or portion thereof, as applicable, shall be returned to permittee accordingly upon the removal of subject telecommunication facility to the satisfaction of the city. The deposit shall be returned within forty-five days after the satisfactory removal of the telecommunication facility.

All telecommunication carriers and telecommunication providers that provide any telecommunication service for a fee directly to the public or to other providers of telecommunications services, either within the city, or outside the corporate limits from telecommunication facilities located within the city, shall apply for and obtain a business license with the city, unless an exemption is granted pursuant to this section. Each applicant for a business license under this section shall submit the following information:

All wireless telecommunication providers and/or operators, whose request for a permit to operate a wireless telecommunication facility in the city is approved, must, if required by the director of community development, submit to the director of community development, within thirty days of receiving final approval for all outstanding building permits or other necessary approvals from the city, a maintenance program for the subject facility that includes, but is not limited to, the following items:

All required permits will be in effect only so long as the telecommunication facility is operated on site. When the use is discontinued or abandoned for a period of ninety continuous calendar days, the applicant shall be required to remove the facility and all associated equipment at their sole expense. The property must be restored to its original or otherwise acceptable conditions, subject to the approval of the director of community development and the director of public works. A written notice of the city’s determination of abandonment shall be sent via first class mail or delivered to the original approved telecommunications provider and/or operator for the site. The entity shall have thirty days from the date of the written notice to remove the facility or provide evidence to the director of community development that the use has not been discontinued. The director of community development or his/her designee shall review all evidence and shall determine whether or not the personal wireless service facility is abandoned. All telecommunication facilities determined to be abandoned and not removed within the required thirty-day period from the date of notice shall be in violation of this chapter. The city may remove all abandoned personal wireless service facilities following the thirty-day removal period at the telecommunication operator and/or provider’s expense. Said costs shall be withdrawn from the security fund as provided for in Section 22.42.330. All personal wireless service facilities removed by the city will be disposed of by the city after a fifteen-day storage period in any manner provided for by law.

Each permit issued, except permitted uses pursuant to Section 22.42.030(1), shall be issued for a period of ten years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code Section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the director of community development. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of Section 22.42.360. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to insure that the facility is still in operation, that it has been properly maintained, that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified, and to determine if new means exist to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new means exist that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.

The city may add conditions to any new permits as necessary to advance a governmental interest related to health, safety, or welfare; provided, however, that any condition shall comply with applicable FCC and PUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If an entitlement is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city’s decision was made. Any applicant that is dissatisfied with a decision to renew or not to renew their permit may appeal the decision in accordance with the provisions of the section(s) under which the original approval was issued.

If any city ordinance or regulation or any part thereof is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.