Compton City Zoning Code
§ 30-46.17
Environmental Compliance.
[Ord. #2121, § 1]
a.
Federal Environmental Assessment Requirements for Tiers One, Two and Three.
1.
The National Environmental Policy Act (NEPA) applies to all applications for PWSFs. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any PWSF proposed in or involving any of the following:
2.
At the time of application filing, an EA that meets FCC requirements shall be submitted to the City of Compton for each PWSF site that requires such an EA to be submitted to the FCC.
b.
Radio Frequency Radiation Emissions Requirements.
1.
FCC Guidelines. Each application for a PWSF shall be accompanied by a statement by a professional engineer certifying that, as proposed, the PWSF complies with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines) concerning radio frequency radiation and emissions.
2.
No Contravention of FCC Guidelines. A PWSF that meets the FCC guidelines shall not be conditioned or denied on the basis of radio frequency impacts.
3.
Radio Frequency Radiation (RFR) Report for Tiers Two and Three. The Planning Commission may require applicants for a Tier Two or Three PWSF to submit a report containing the following information on the existing and maximum future projected measurements of RFR from the proposed PWSF, for the following situations:
(a)
Existing, or ambient: the measurement of existing RFR.
(b)
Existing plus proposed wireless facility: maximum estimate of RFR from the proposed personal wireless facility plus the existing RFR environment.
(c)
Existing plus proposed wireless facilities plus cumulative: maximum estimate of RFR from the proposed wireless facility plus the maximum estimate of RFR from the total addition of co-located wireless facilities plus the existing RFR environment.
(d)
Certification, signed by a professional engineer, stating that the RFR measurements are accurate and meet the requirements for radio frequency radiation reports in this section.
(e)
The Planning Commission may require as part of conditions of approval for Tier Two or Three applications that a radio frequency radiation report as described in this section be submitted every five years and every time a modification or a co-location is proposed for the PWSF.
c.
Noise Requirements.
1.
Conformance to Compton Noise Ordinance.[1] No equipment shall be operated at a PWSF so as to produce noise in excess of the applicable noise standards under the City of Compton Code Noise Ordinance.
2.
In emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed, the owner or operator shall obtain relief per the Compton Noise Ordinance.
3.
In all instances except emergency situations, the applicable noise standard shall be 50 dBA at the property line.
4.
Noise Filing Requirements. The Planning Commission may require applicants for a Tier Two or Three PWSF to submit a report containing the following information on the existing and maximum future projected measurements of noise from the proposed PWSFs, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following situations:
(a)
Existing, or ambient: the measurements of existing noise.
(b)
Existing plus proposed PWSF: maximum estimate of noise from the proposed PWSF plus the existing noise environment.
(c)
Existing plus proposed wireless facilities plus cumulative: maximum estimate of noise from the proposed wireless facility plus the maximum estimate of noise from the total addition of co-located wireless facilities plus the existing noise environment.
5.
The Planning Commission may require as part of conditions of approval for Tier Two or Three applications that a noise report as described in this subsection be submitted every five years and every time a modification or a co-location is proposed for the PWSF.