Lake Forest City Zoning Code
CHAPTER 9
162 WIRELESS COMMUNICATION FACILITIES
§ 9.162.010 Purpose.
The purposes of this chapter are: (a) to provide for the establishment, operation and expansion of wireless communication networks in the City; and (b) to regulate the location and design of wireless communication facilities, as defined in this chapter, in order to protect public safety, general welfare, and quality of life in the City. The Lake Forest City Council has found and determined that wireless communication facilities represent essential components of the City's telecommunication infrastructure and that the provisions and requirements contained herein are necessary to attain such purposes.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019)
§ 9.162.020 Applicability.
A.
The following uses shall be exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:
1.
Any satellite antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission;
2.
Any satellite antenna that is two meters (78.74 inches) or less in diameter and is located in any of the City's commercial or industrial zoning districts;
3.
Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot.
B.
The following uses shall be exempt from the provisions of this chapter at all times:
1.
Any antenna structure that is designed to receive over-the-air UHF and/or VHF television broadcast transmission;
2.
Any antenna structure that is designed to receive over-the-air AM and/or FM radio broadcast transmission;
3.
Any antenna structure used by authorized amateur radio stations licensed by the Federal Communications Commission;
4.
Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points;
5.
Ordinary maintenance of any existing wireless communications facility; and
6.
Placement of a temporary facility for a period of not more than 30 days following declaration of an emergency or disaster.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 4, 2022)
§ 9.162.030 Definitions.
For purposes of this chapter, the following words, terms, phrases, and their derivations shall have the meanings given in this chapter. The word "shall" is always mandatory and not merely directory.
means any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of radio frequency signals (RF) or electromagnetic waves when such system is operated or operating from a fixed location.
means any structure which is used to support, house, or conceal antennas and any related appurtenances.
means the same as in 47 C.F.R. Section 1.6002(g)(1) and (2), as may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein, or any equipment associated with a tower. Base station includes, without limitation:
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described in paragraphs (1)-(2) above and has been previously reviewed and approved by the City.
means the manners and methods by which a wireless communication facility is designed to be concealed and blend the facility with the surrounding environment.
means any property in which the City holds a legal interest, including, but not limited to, the public right-of-way.
means the same as defined by the FCC:
When used in the context of an eligible facilities request, the definition in 47 C.F.R. Section 1.6100(b), as may be amended from time to time, applies.
When not used in the context of an eligible facilities request, the definition in 47 C.F.R. Section 1.6002(g), as may be amended from time to time, applies.
means the Director of Community Development or designee.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any request for modification of an existing tower or base station that, within the meaning of Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. Section 1455(a), does not substantially change the physical dimensions of that tower or base station, and involves: (a) the collocation of new transmission equipment; (b) the removal of transmission equipment; or (c) the replacement of transmission equipment.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any existing tower or base station that exists at the time the application is filed with the City.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a constructed tower or base station is existing for purposes of an eligible facilities request if has been previously reviewed and approved under the applicable City zoning or siting process, or under another applicable state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "existing" for purposes of this definition.
means the type of facility as defined in Section 9.162.050.
means the Federal Communications Commission of the United States.
means inspections, testing, and modifications to maintain functional capacity, aesthetic and structural integrity. Ordinary maintenance may include "like for like" replacement of antennas with new antennas of the same size, dimensions, shape, and color, and/or "like for like" replacement of equipment within an existing equipment room or enclosure without expansion of the room or enclosure.
means the company or organization that provides and operates the wireless communication network.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to the area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Middle-Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. Section 1455(a) or otherwise outside of the Section 6409(a) process.
shall have the same meaning as "small wireless facility" in 47 C.F.R. Section 1.6002(l), as it may be amended from time to time, or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
The facility:
Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
Is mounted on a structure no more than 10% taller than other adjacent structures, or
Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.
The facility does not require antenna structure registration under 47 C.F.R. Part 17;
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
means designed to look like something other than a WCF by incorporating camouflaging.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a modification substantially changes the physical dimensions of an eligible support structure if it meets the following criteria:
For a tower not located in the public rights-of-way:
The height of the tower is increased by: (i) more than 10%; or (ii) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or
There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by: (i) more than 20 feet; or (ii) more than the width of the tower at the level of the appurtenance, whichever is greater.
For a tower located in the public rights-of-way and for all base stations:
The height of the tower or base station is increased by more than 10% or 10 feet, whichever is greater; or
There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet; or
It involves the installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; or
It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.
For any eligible support structure:
It involves the installation of more than four cabinets; or
The proposed modification entails any excavation or deployment outside of the current site, except that for towers not in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; or
The proposed modification would defeat the concealment elements of the eligible support structure; or
The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the eligible support structure or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.
To measure changes in height for the purposes of this section, the baseline is:
For deployments that are or will be separated horizontally, such as on buildings' rooftops, measured from the original support structure;
For all others, measured from the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the City prior to February 22, 2012.
means a wireless communications facility installed and maintained for a period not to exceed 90 days.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This term does not include a base station.
means the same as defined by the FCC at 47 C.F.R. Section 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: Equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
means mounted to an existing above-ground utility structure located on utility easements or property, including water tanks and/or structures specifically designed and originally installed to support electrical distribution lines. Structures in the public right-of-way are not considered utility structures for the purposes of this chapter.
means a local area wireless technology that allows electronic devices to exchange data or connect to the internet.
means the transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
means a non-discretionary permit to establish a wireless communication facility or component thereof, issued by the Director, and applicable to facility classes specified in Section 9.162.050."
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 5, 2022)
§ 9.162.040 Facility classes.
The following terms shall have the meanings provided.
A.
Class 1 Facility. A Class 1 facility is a stealth facility located outside of the public right-of-way and consisting of any facility that is designed to look like something other than a WCF. For example, a Class 1 stealth facility would include a facility that is architecturally integrated into a building or other concealing structure not primarily designed or built for the purpose of supporting a wireless communication facility, such that no portion of any antenna, antenna equipment, or any other apparatus associated with the function of the facility is visible. The concealment elements shall have an aesthetically pleasing design which fits into the context of its surrounding.
B.
Class 2 Facility. A Class 2 facility is located outside of the public right-of-way and consists of camouflaged, minimally-visible, and contextually compatible antennas, antenna equipment, or any other apparatus associated with the function of the facility affixed to an existing or proposed structure not primarily designed or built for the purpose of supporting a wireless communication facility, including, but not limited to, antennas mounted to and that may be painted to match the exterior of a building or façade.
C.
Class 3 Facility. A Class 3 facility is located outside of the public right-of-way and consists of antennas, antenna equipment, or any other apparatus associated with the function of the facility mounted on or within a freestanding structure built for the sole purpose of supporting antennas, including, but not limited to, an enclosed tower, simulated tree, faux-water tower or obelisk. Class 3 facilities shall include design elements which serve to camouflage or conceal antennas and other apparatus and achieve an aesthetically pleasing, contextually appropriate design.
D.
Class 4 Facility. A Class 4 facility consists of a wireless communication facility, including a small cell facility and excluding an eligible facilities request (Class 7), that is located in the public right-of-way or on a private street.
E.
Class 5 Facility. A Class 5 facility consists of a facility installed for use on a temporary basis not to exceed 90 days, except as exempted pursuant to Section 9.162.020.B(2) and as may be extended pursuant to Section 9.162.050(E)(5).
F.
Class 6 Facility. A Class 6 facility consists of antennas affixed to an existing water tank, electrical transmission lattice tower, utility tower or other similar public utility structure or apparatus serving a primary function unrelated to the wireless communication facility and not located in the public right-of-way.
G.
Class 7 Facility. A Class 7 facility collocation is an existing facility subject to an eligible facilities request.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 6, 2022)
§ 9.162.050 Requirements applicable by facility class.
All entitlements required by this chapter shall be processed in accordance with the provisions of Chapter 9.184 and the additional application requirements, findings and requirements listed herein. In the event of conflict between the provisions of Chapter 9.184 and this Chapter 9.162, the provisions of this chapter shall prevail.
A.
Class 1 Facilities (Stealth)—Requirements.
1.
Required Permit. Administrative site development permit, subject to Director approval. No public hearings or public notification shall be required.
2.
Facility Design. All components of a Class 1 facility, including antennas, equipment, cables/wires, mounting brackets and any other apparatus and appurtenances shall be stealth by being fully concealed and/or camouflaged with contextually compatible/site appropriate materials and screening.
B.
Class 2 Facilities (Camouflaged-Attached)—Requirements.
1.
Required Permit. Use permit, subject to Planning Commission approval. Public notification and a public hearing shall be required in accordance with Section 9.184.020.
2.
Facility Design. All unscreened antennas and appurtenances, including mounting brackets, cable trays, conduit and other similar apparatus shall be painted or otherwise coated to match the predominant color of the structure on which they are mounted or otherwise camouflaged to blend with the predominant visual background and/or adjacent architecture.
C.
Class 3 Facilities (Camouflaged-Freestanding)—Requirements.
1.
Required Permit. Use permit, subject to Planning Commission approval. Public notification and a public hearing shall be required in accordance with Section 9.184.020.
D.
Class 4 Facilities (Facilities in the Right-of-Way)—Requirements.
1.
Required Permit. Wireless communication facility permit, subject to Director approval. The wireless communication facility permit application shall be acted upon administratively by the Director. No public hearing or public notification shall be required.
2.
Facility Design.
a.
Wireless communication facilities in the public right-of-way and on private streets shall conform to the location and design standards set through a resolution adopted by the City Council and updated from time to time. The Planning Commission is authorized to adopt minor changes to the Council-approved location and design standards through a resolution. For purposes of this section, "minor changes" include amendments of no significant effect that comply with the spirit and intent of the original Council action.
3.
License Agreement.
a.
All Class 4 facilities installed on a City-owned pole or other City-owned apparatus, and any associated equipment installed on the ground in the public right-of-way, shall require approval of a communications site license agreement by the City Council.
b.
The required license agreement shall be approved prior to the approval of any permit required by this chapter. Review and processing of the license agreement and required permit application may occur simultaneously subject to written acknowledgement of risk by the applicant in a form as determined by the City Manager in consultation with the City Attorney. This subsection does not require the City to agree to any license agreement.
4.
Authority to Use Right-of-Way. No Class 4 facilities may be located in the public right-of-way unless the applicant executes a license agreement as set forth in subsection (D)(3) with the City, if applicable, and the applicant has the legal right to access the right-of-way under Public Utilities Code Section 7901 or other applicable law.
E.
Class 5 Facilities (Temporary)—Requirements.
1.
Required Permit.
a.
Non-Residential Zone. Administrative site development permit subject to Director approval. No public hearings or public notification shall be required.
2.
Facility Design.
a.
Appropriate screening measures shall be determined through the application review and permitting process with consideration to the location and temporary nature of the installation.
b.
The facility shall not be located in any required vehicle or pedestrian circulation area such that it interferes with, or in any way impairs, the utility or intended function of such area.
c.
May displace one or more parking stalls only if the number of on-site parking stalls exceeds the Code required number of parking stalls for the on-site use(s) and the facility displaces only surplus parking stalls.
3.
Maximum Height. Thirty-five feet, zero inches or as approved by the Planning Commission.
4.
Setbacks. Class 5 facilities shall be set back from all residential dwellings a distance equal to or greater than the height of the facility.
5.
Time Limit. Shall be operated and maintained for a maximum of 90 days. A single time extension not exceeding 60 days may be granted by the Director based on reasonable cause, unless otherwise restricted by a condition of approval of the original entitlement.
F.
Class 6 Facilities (Utility Mounted)—Requirements.
1.
Required Permit. Administrative site development permit subject to Director approval. No public hearings or public notification shall be required.
2.
Facility Design. Antennas and related apparatus, including, but not limited to, mounting brackets, cable trays and conduit shall be concealed where feasible or, where concealment is infeasible, painted to match the color of the support structure.
3.
Maximum Height. Class 6 facilities shall not exceed the height of the utility structure upon which the facility is mounted.
G.
Class 7 Facilities (Eligible Facility Requests)—Requirements.
1.
Required Permit. Wireless communication facility permit subject to Director approval. The wireless communication facility permit application shall be acted upon administratively by the Director. There are no public hearing or public notification requirements. If the facility if located in the public right-of-way, the applicant must submit any supplemental application form required by the City. The Director may condition the modification on compliance with applicable building codes or reasonable health and safety standards.
2.
Requirements. To the extent expressly required by Section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. Section 1455) as implemented by 47 C.F.R. Section 1.6100, the City shall review and approve modifications to eligible facilities. Any applicant wishing to process a facility modification under this subsection shall inform the City of this request when submitting its initial application and shall provide the City with such evidence as reasonably required by the City to demonstrate that this subsection and applicable Federal law applies.
3.
Effect of Changes to Federal Law. This subsection 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. Section 1455) as implemented by 47 C.F.R. Section 1.6100. In the event Section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. Section 1455) or 47 C.F.R. Section 1.6100 are stayed, amended, revised or otherwise not in effect, no modifications to an eligible facility shall be processed or approved under this subsection G.
H.
Class 8 Facilities (Government Code Section 65850.6 Collocations)—Processing Procedures.
1.
Collocation facilities are allowed by right when proposed on a wireless telecommunications collocation facility that was subject to an issued discretionary permit and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
2.
Required Permit. Wireless communication facility permit subject to Director approval. The wireless communication facility permit application shall be acted upon administratively by the Director. There are no public hearing or public notification requirements. If the facility if located in the public right-of-way, the applicant must submit any supplemental application form required by the City. The Director may condition the modification on compliance with applicable building codes or reasonable health and safety standards.
I.
Conditions of Approval.
1.
Generally. In addition to any supplemental conditions imposed by the Director or designee, or relevant approving authority as the case may be, all permits granted pursuant to this chapter or by operation of law shall be subject to the following conditions, unless modified by the approving authority:
a.
Code Compliance. The permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations and other rules.
b.
Permit Duration. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid for a period of 10 years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a such a permit must either: (1) remove the facility within 30 days following the permit's expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless communications facility cannot be reduced. The wireless communications facility must remain in place until it is acted upon by the City and all appeals from the City's decision exhausted.
c.
Timing of Installation. The installation and construction authorized by a permit issued pursuant to this chapter shall begin within one year after its approval, or it will expire without further action by the City. The installation and construction authorized by a permit issued pursuant to this chapter shall conclude, including any necessary post-installation repairs and/or restoration to the site, within 90 days following the day construction commenced. Permittee may request an extension for good cause by submitting documentation demonstrating that installation and construction cannot be completed within 90 days. Good cause shall include, but not be limited to, bona fide delays due to supply chain disruption or inclement weather.
d.
Inspections—Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The City shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
e.
Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.
f.
Insurance. Permittees for a Class 4 facility or a WCF located on City-owned property shall obtain and maintain insurance coverage throughout the term of the permit insurance coverage. Permittee shall furnish to the City insurance, evidenced by a certificate of insurance naming the City as additional insured, in form satisfactory to the City, with limits for personal injury of not less than one million dollars ($1,000,000.00) for any one person and not less than three million ($3,000,000.00) for any one accident and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the City, its officers, employees and agents against any liability for personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or any such construction or the method and manner of doing any work permitted or required by any such permit or under this chapter or from the maintenance and repair of said improvements during a one year period following completion of said improvement, or any negligent act or omission in connection therewith on the part of the permittee, permittee's employees or agents.
g.
Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless communications facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees: (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit; and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
h.
Performance Bond. Permittees for a Class 4 facility or a WCF located on City-owned property shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor's quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
i.
Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
j.
Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a permit issued pursuant to this chapter, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or City utility easement to be affected by permittee's facilities.
k.
No Right, Title, or Interest. The permission granted by a wireless communication facility permit issued pursuant to this chapter shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless communication facility permit issued pursuant to this chapter or the issuance of any other permit or exercise of any privilege given thereby.
l.
No Possessory Interest. No possessory interest is created by a permit issued pursuant to this chapter. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that City has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a permit issued pursuant to this chapter may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
m.
General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.
n.
RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must provide to City confirmation that the facilities are in compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors.
o.
Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays.
p.
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
q.
Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on City-owned property or infrastructure. This permit is not a substitute for such agreement.
r.
Conflicts with Improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.
s.
Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
t.
Attorney's Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.
J.
Conditions of Approval—Eligible Facilities Requests. In addition to the conditions provided in foregoing subsection (I) and any supplemental conditions imposed by the Director or the relevant approval authority, as the case may be, all permits for an eligible facility request granted pursuant to this chapter shall be subject to the following additional conditions, unless modified by the approving authority:
1.
Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
2.
No Permit Term Extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a Federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
3.
No Waiver of Standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a), or any modification to Section 6409(a).
K.
Conditions of Approval—Class 8 Government Code Section 65850.6 Collocations. In addition to the conditions provided in the foregoing subsection I and any supplemental conditions imposed by the Director or the relevant approval authority, as the case may be, all permits for Class 8 Government Code Section 65850.6 Collocations granted pursuant to this chapter shall be subject to the following additional conditions, unless modified by the approving authority:
1.
Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit.
2.
No Permit Term Extension. The city's grant or grant by operation of law of a collocation facility permit will not extend the permit term for the underlying wireless telecommunication collocation facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication collocation facility.
L.
Conditions of Approval—Small Cell Facilities Requests. In addition to the conditions provided in subsection (I) of this Section 9.162.050 and any supplemental conditions imposed by the Director or relevant approval authority, as the case may be, all permits for a small cell facility granted pursuant to this chapter shall be subject to the following condition, unless modified by the approving authority:
1.
No Waiver of Standing. The City's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 333 § 14, 2020; Ord. 354 § 7, 2022)
§ 9.162.060 Required findings.
A.
General Findings for Approval for All Wireless Communication Facilities Subject to this Chapter. No permit for any class of wireless communication facility, other than Class 7 eligible facilities requests or Class 8 Government Code Section 65850.6 collocations, shall be approved unless, on the basis of the application and other materials or evidence provided in review thereof, the applicable approval authority finds the following:
1.
The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver thereof; and
2.
The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission.
B.
Additional Findings for Temporary Facilities. No permit shall be approved for a temporary facility unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
C.
Findings for Class 7 Eligible Facilities Requests. No permit shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
1.
The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Sections 1.6100(b)(3)–(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The reviewing authority shall make an express finding for each criterion;
2.
The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (iv), or any successor provisions; and
3.
The proposed facility will comply with all generally applicable laws.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 8, 2022)
§ 9.162.070 Request for additional height.
Class 1, 2, 3, and 5 facilities may exceed the maximum heights stipulated in Section 9.162.050 with approval of a request for additional height. Requests for additional height shall be subject to the following:
A.
B.
Development Standards. An additional one foot of setback from residential property lines shall be required for each foot in height above the height limit specified in Section 9.162.050.
C.
Required Findings. A request for additional height may be granted when the Planning Commission finds as follows, in addition to the required findings stipulated in Section 9.162.060:
1.
Based on the evidence presented, the additional height above the maximum applicable height specified in Section 9.162.050 is reasonably necessary for co-location of facilities and/or to achieve the objectives of this chapter.
2.
The additional height will not be visually incompatible or otherwise detrimental to surrounding properties based on the site specific conditions, including, but not limited to, the design of the proposed facility and specific concealment features, site topography, and any existing land uses, buildings, trees, and/or other features surrounding the proposed facility.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019)
§ 9.162.080 Authority.
A.
The Director is responsible for administering this chapter. As part of the administration of this chapter, the Director, or designee may:
1.
Establish processing forms and procedures as deemed necessary and advisable subject to the requirements of this chapter. The Director shall ensure that all forms require applicants to demonstrate compliance with this chapter and applicable law, including those regulating RF signals;
2.
Interpret the provisions of this chapter;
3.
Develop and implement standards governing the placement and modification of wireless communication facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless communication facilities;
4.
Develop and implement acceptable designs and development standards for wireless communication facilities;
5.
Develop forms and procedures for submission of applications for placement or modification of wireless communication facilities, and proposed changes to any support structure consistent with this chapter;
6.
Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this chapter;
7.
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;
8.
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
9.
Require, as part of, and as a condition of completeness of any application, notice to members of the public;
10.
Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
11.
Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
12.
Determine on a case-by-case basis if the applicant has established that a denial of a permit application for a wireless communication facility or strict adherence to the location and design standards would, within the meaning of Federal law: (1) prohibit or effectively prohibit the provision of personal wireless services; (2) otherwise violate applicable laws or regulations; or (3) require a technically infeasible design or installation of a wireless facility. If that determination is made, the requirements of this chapter or the associated design and location standards may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible design or installation.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 9, 2022)
§ 9.162.090 Requirements applicable to all wireless communication facilities.
A.
The following requirements shall be applicable to all wireless communication facilities unless otherwise exempt pursuant to this chapter or applicable law:
1.
Development Standards.
a.
Shall be permitted, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the City, the State of California, and the United States of America.
b.
Except as approved and permitted, equipment areas shall not be illuminated unless required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
c.
Signage shall be limited to service provider contact information not exceeding one square foot in area or six feet in height, FCC antenna registration, and any other information required by applicable government regulation and shall be displayed in the least conspicuous manner possible. Commercial advertising of any kind shall be prohibited.
d.
Except for Class 4 facilities, Class 7 facilities in the right-of-way, or as otherwise specified in Sections 9.162.050(C)(3) and (E)(4), all facilities including the base station and any associated equipment and apparatus shall comply with the minimum setbacks applicable to primary structures in the corresponding zoning district.
e.
The height of any facility, except Class 4 facilities and Class 7 facilities located in the right-of-way, shall be measured from the ground to the tallest portion of the facility consistent with the requirements of Section 9.144.050.1.
f.
Except for Class 4 and Class 5 facilities, ground-mounted equipment shall be screened from view by an architecturally compatible enclosure or contained entirely within a building.
g.
All wires and cables shall be concealed behind walls, within support poles or within architecturally compatible conduit or cable trays and painted to match the surface to which they are mounted.
h.
All antennas, equipment, equipment cabinets, apparatus and appurtenances shall have a non-reflective finish.
i.
No wireless communication facility shall be constructed within, supported by or otherwise affixed to an illegal structure. No wireless communication facility, other than Class 7 facilities, shall be constructed within, supported by or otherwise affixed to a legal non-conforming structure.
j.
In the event that the original permittee sells its interest in the wireless communications facility, the succeeding service provider shall assume all responsibilities concerning the project and shall be responsible for maintaining compliance with all conditions of approval. A new contact name shall be provided by the succeeding service provider to the Director within 30 days of the transfer of interest in the facility.
k.
The applicant shall provide a 24 hour "single point of contact" in its Engineering and Maintenance Department to ensure continuity on all interference issues. The name, telephone number and e-mail address of that person shall be provided to the Community Development Department upon activation of the facility.
l.
The applicant shall not prevent the City of Lake Forest from having adequate spectrum capacity on City's 800 MHz radio frequency at all times.
m.
Wireless communication facilities shall be limited to the design specifically identified on the City-approved plan. No additional antennas or equipment shall be installed without City approval.
n.
Noise levels shall comply with the applicable State and City requirements, including Chapter 11.16 of the Lake Forest Municipal Code. Without limiting the requirement that noise levels comply with applicable standards, approved back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall take place only on weekdays between 8:30 a.m. and 4:30 p.m.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019)
§ 9.162.100 Facilities on public property-Excluding Class 4 facilities.
The City may develop a list of City-owned properties upon which wireless communication facilities may be proposed. No application(s) for a wireless communication facility on City-owned property shall be accepted unless the City Council has approved such a list and any such proposal shall be limited to properties on the City Council approved list. An approved list of City-owned sites does not guarantee approval of a lease or license, or the granting of the approvals required by this chapter.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 10, 2022)
§ 9.162.110 Appeals.
A.
Class 1, Class 5 (Facilities in Non-Residential Zones), and Class 6. Any decision by the Director or designee to approve, conditionally approve or deny an application for administrative site development permit required by this chapter for Class 1 facilities, Class 5 facilities in non-residential zones, or Class 6 facilities shall be appealable to the Planning Commission in accordance with Section 2.04.100 et seq., of this Code. The decision by the Planning Commission on appeal shall be final.
B.
Class 2, Class 3, and Class 5 (Facilities in Residential Zones). Any decision by the Planning Commission to approve, conditionally approve or deny any use permit required by this chapter for Class 2 facilities, Class 3 facilities, or Class 5 facilities in Residential Zones is appealable to the City Council in accordance with Section 2.04.100 et seq., of this Code. The decision by the City Council on appeal shall be final.
C.
Class 4, Class 7, and Class 8. Any decision by the Director to approve, conditionally approve or deny any application for a wireless communication facility permit required by this chapter for Class 4 facilities, Class 7 facilities, or Class 8 facilities is appealable to the City Manager in accordance with Section 2.04.100(G) of his Code. The decision by the City Manager on appeal shall be final.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019; Ord. 354 § 11, 2022)
§ 9.162.120 Nonconforming facilities.
A.
Legal Nonconforming Facility. Any facility that is lawfully constructed, erected, or approved prior to the effective date of the ordinance codified in this chapter, or for which the application for a changed plan, site development permit or use permit is deemed complete prior to the effective date of the ordinance codified in this chapter, in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable Federal or State laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. Any legal nonconforming facility which fails to comply with applicable laws, ordinances, regulations or the conditions of approval may be required to conform to the provisions of this chapter.
B.
Modifications to legal nonconforming facilities may be permitted under the following circumstances.
C.
Illegal Nonconforming Facility. Any facility constructed or installed in violation of applicable laws, ordinances or regulations in effect at the time of construction or installation shall be considered an illegal nonconforming facility and shall be subject to abatement as a public nuisance pursuant to Chapter 6.14 of the Lake Forest Municipal Code.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019)
§ 9.162.130 Abandoned facility removal.
A.
Discontinued Use. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Director or designee in writing in the event the permitted use is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate to conform to applicable Zoning Codes. All such removal, repair and restoration shall be completed within 90 days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements. For purposes of this subsection, a discontinued use shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following 90 day period. The Director or designee may at any time request proof by the operator of any facility that the facility is in active use.
B.
Preliminary Notice of Abandonment. A facility that is inoperative or unused for a period of six continuous months shall be deemed abandoned and shall constitute a public nuisance. Upon reasonable suspicion of abandonment, the City shall provide a preliminary notice of abandonment to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such preliminary notice of abandonment shall indicate that the Director has reason to believe the facility has been abandoned and may be subject to removal in accordance with this section. The preliminary notice of abandonment may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed given at the time delivered or placed in the mail.
C.
Removal of Abandoned Facility.
1.
Within 30 days after preliminary notice of abandonment is given, the operator of the facility and the owner(s) of the property on which it is located shall either:
a.
Remove the facility and restore the premises; or
b.
Provide the Community Development Department with written objection to the City's preliminary notice of abandonment and submit a request for administrative hearing to reconsider the abandonment. If after such time, the facility is not properly removed, or the City does not receive an objection to its preliminary notice of abandonment and a request for administrative hearing, the Director or designee may make a determination of abandonment and provide notice thereof in the same manner as the preliminary notice of abandonment.
2.
If the City receives a timely written objection to the preliminary notice of abandonment and a request for administrative hearing, the Director or designee shall schedule an administrative hearing to commence within 15 days of receiving the objection. The Director or designee shall send notice of the time and place for the hearing to the operator of the facility and the owner(s) of the property on which it is located. At the time and place scheduled for the administrative hearing, the operator of the facility or the owner(s) of the property on which it is located may present documents and other evidence that the facility was in use during the relevant six month period and that it is presently operational. The Director or designee shall review all evidence, determine whether or not the facility was properly deemed abandoned, and make a determination of abandonment or a finding of continued use and provide notice thereof in the same manner as provided for the preliminary notice of abandonment.
D.
Removal by City. At any time after 30 days following the determination of abandonment the City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand therefor is made. If such payment is not timely made, the cost of removal, repair, restoration, and/or storage shall constitute a special assessment against the property on which the facility is located, and shall constitute a lien on such property once recorded in compliance with Section 6.14.012 of this Code. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.
E.
The operator of the facility, and the owners of the premises upon which it is located shall be in violation of this chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to Section 9.162.140 of this chapter.
(Ord. 284 § 1, 2016; Ord. 316 § 2, 2019; Ord. 321 § 2, 2019)