Lakewood City Zoning Code
PART 21
Wireless Facilities on Private Property
§ 9600 Legislative Intent.
A.
The City of Lakewood intends this Part to establish reasonable and uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal on private property within the City's territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Part are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community.
B.
This Part is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;(3) unreasonably discriminate among providers of functionally equivalent services;(4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California state law.
C.
Except as otherwise indicated, all references to Section numbers in this Part refer to Sections in the Lakewood Municipal Code.
§ 9601 Definitions.
The abbreviations, phrases, terms and words used in this Part will have the meanings assigned to them in this Section, or, as may be appropriate, in Lakewood Municipal Code Section 9302 (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 702, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
A. APPROVAL AUTHORITY
Means the commission, board or official responsible for review of permit applications and vested with the authority to approve or deny such applications. The approval authority for a Conditional Use Permit is the Planning and Environment Commission or, on appeal, the City Council. The approval authority for a Development Review Board Approval is the Development Review Board or, on appeal, the Planning and Environment Commission.
B. BASE STATION
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as 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 in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, 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. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii).
C. CAMOUFLAGED or CAMOUFLAGING
Means concealment techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) facade or rooftop mounted pop-out screen boxes;(2) antennas mounted within a radome above a streetlight; (3) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (4) an isolated or standalone faux-tree.
D. COLLOCATION
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and nota limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.
E. CPCN
Means a "Certificate of Public Convenience and Necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code§§ 1001 et seq., as may be amended.
G. DIRECTOR
Means the Director of Community Development of the City of Lakewood, California, or the Director of Community Development's designee.
J. PERSONAL WIRELESS SERVICES
Means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
K. PERSONAL WIRELESS SERVICE FACILITIES
Means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
L. RF
Means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range.
M. SECTION 6409
Means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
N. STEALTH
Means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural and/or built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observed would need special knowledge to recognize their existence. Stealth concealment techniques include, but are not limited to: (1) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (2) new architectural features that mimic the underlying building in architectural style, physical proportion and quality of construction materials. Architectural features commonly used as stealth concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs, water tanks and flagpoles. Further, whether a wireless facility qualifies as a stealth facility depends on the context that exists at a given location and is evaluated on a case-by-case basis.
O. TEMPORARY WIRELESS FACILITIES
Means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless facilities not permanently affixed to site on which is located.
P. TOWER
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as 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. Examples include, but are not limited to, monopoles, mono-trees and lattice towers.
Q. TRANSMISSION EQUIPMENT
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as maybe amended, which defines that term as equipment that facilitates transmission for any FCC-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.
§ 9602 Applicability.
A.
Applicable Wireless Facilities. This Part applies to all existing wireless facilities within the City and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy wireless facilities in the City, that are located or proposed to be located on private property, unless exempted under Section 9602(B) or governed under Part 22 pursuant to Section 9602(C).
B.
Exempt Wireless Facilities. Notwithstanding the provisions in Section 9602(A), the provisions in this Part will not be applicable to: (1) wireless facilities located or proposed to be located in the public right-of-way pursuant to Chapter 7, Article VII; (2) wireless facilities owned and operated by the City for public purposes; (3) wireless facilities installed on City-owned support structures or other personal property in the public right-of-way pursuant to a valid master license agreement with the City; (4) amateur radio facilities; (5) OTARD antennas; (6) wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and (7) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.
C.
Request for Approval Pursuant to Section 6409. Any requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be first reviewed under Part 22. If the approval authority for the project finds that the application is not covered by Section 6409, then any approval of the application shall be made pursuant to this Part.
§ 9603 Prior Approvals Required.
A.
Development Review Board Approval. A Development Review Board Approval subject to the Development Review Board's prior review and approval in accordance with the procedures and standards in Lakewood Municipal Code Article IX Part 18 (Development Review Board) is required for all projects; provided, however that the following projects are not also subject to a Conditional Use Permit:
B.
Conditional Use Permit. A Conditional Use Permit, subject to the Planning and Environment Commission's prior review and approval in accordance with the procedures and standards in Lakewood Municipal Code Article IX Part 10 (Variance and Conditional Use Permit) is required for all other new wireless facilities and modifications to existing wireless facilities not subject to the limited exception in Section 9606(C), the exception in Section 9603(A)(l) and (2), a Section 6409 Approval or a temporary use permit.
C.
Temporary Use Permit. A temporary use permit, subject to the Development Review Board's prior review and approval in accordance with the procedures and standards in Section 9610 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to Section 9610(B).
D.
Other Permits and Regulatory Approvals. In addition to any Director Approval, Development Review Board Approval, Conditional Use Permit or other permit required under this Section, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any encroachment permit, excavation permit, building permit, electrical permit or other permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any permit or approval granted under this Part or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals.
§ 9604 Application Requirements.
A.
Application Required. The approval authority shall not approve any request for a Development Review Board Approval or Conditional Use Permit except upon a duly filed application consistent with this Section and any other written rules the City or the Director may establish from time to time in any publicly-stated format.
B.
Application Content. All applicants for a Development Review Board Approval or Conditional Use Permit shall submit all the content, information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application forms, checklists, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this Section. The City Council further authorizes the Director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such permit application forms, checklists, informational handouts, rules and regulations must be in written form and made available on the City's website and/or in-person at the Department of Community Development to provide applicants with prior notice.
C.
Procedures for a Duly Filed Application. Any application for a Development Review Board Approval or Conditional Use Permit will not be considered duly filed unless accepted by the Department of Community Development.
D.
Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this Section will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director's discretion, grant a written extension for up to an additional one year when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.
§ 9605 Notice.
A.
General Notice Requirements. Public notice in accordance with the provisions in Lakewood Municipal Code Section 9422 (Notices) shall be required for all Development Review Board Approval or Conditional Use Permit applications, as applicable.
B.
Deemed-Approval Notices. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to the public notice required in Section 9605(A), an applicant for a Development Review Board Approval or Conditional Use Permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code§ 65964.1 unless the City approves or denies the application or the applicant tolls the timeframe for review within the next 30 days. The posted notice must be compliant with all applicable provisions in Lakewood Municipal Code Section 9422 (Notices). The public notice required under this Section 9605(B) will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this Section, the approval authority shall be permitted to act on an application at any time so long as the public notice required in Section 9605(A) has occurred.
C.
Decision Notices. Within five business days after the approval authority acts on an application for a Development Review Board Approval or Conditional Use Permit or before the FCC shot clock expires (whichever occurs first), the approval authority or the approval authority's designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal.
§ 9606 Decisions; Limited Exceptions; Appeals.
A.
Required Findings for Approval. The approval authority may approve or conditionally approve any application for any Development Review Board Approval or Conditional Use Permit when the approval authority finds that:
2.
The proposed wireless facility complies with all applicable development standards adopted pursuant to Section 9609, or qualifies for a limited exception pursuant to Section 9606(C); and
3.
The applicant has certified in a signed affidavit that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.
B.
Conditional Approvals; Denials without Prejudice. Subject to any applicable limitations in federal or state law, nothing in this Section is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any application for a Development Review Board Approval or Conditional Use Permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this Section or the General Plan.
C.
Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with the site location guidelines in Section 9608 or the development standards in Section 9609 would effectively prohibit the applicant's ability to provide personal wireless services, the Planning and Environment Commission may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition when the Planning and Environment Commission finds:
1.
The proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded;
2.
The applicant has provided the Planning and Environment Commission with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;
3.
The applicant has provided the Planning and Environment Commission with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Part, the Lakewood Municipal Code, the General Plan and/or any specific plan;
4.
The applicant has provided the Planning and Environment Commission with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and
5.
The applicant has demonstrated to the Planning and Environment Commission that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.
D.
Appeals. Any interested person or entity may appeal any decision by the approval authority in accordance with the standards and procedures in Lakewood Municipal Code Section 9485 (Board Decision) or Section 9486 (Appeal from Decision of the Planning Commission), as applicable, except as modified in this Section 9606(D). On the next available meeting date after the appeal period lapses, or as soon as reasonably feasible thereafter, the appellate body shall hold a de novo public hearing to consider and act on the application in accordance with the applicable provisions in the General Plan, any applicable specific plan and all applicable provisions in the Lakewood Municipal Code. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations.
§ 9607 Standard Conditions of Approval.
In addition to all other conditions adopted by the approval authority, all Development Review Board Approvals and Conditional Use Permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section 9607. The approval authority (or the appellate authority on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Part.
A.
Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code§ 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued pursuant to Section 6409 in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted under federal law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.
B.
Compliance with Approved Plans. Before the permittee submits any applications to the Building Division, the permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the "Approved Plans"). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, are subject to the Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.
C.
Post-Installation Final Inspection. The permittee shall submit plans and obtain permits prior to the construction, installation, or modification, of any wireless telecommunication facility or component thereof, in accordance with approved plans and shall obtain a successful final inspection.
D.
Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. Any concealment elements shall be kept in "like new" condition at all times. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The permittee and property owner shall maintain any and all landscape features in accordance with an approved landscape plan, if any, and shall replace dying or dead trees, foliage or other landscape elements shown on the Approved Plans within 5 calendar days after written notice from the City.
E.
Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the California Building Code, Lakewood Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in any such permit, permit condition or any applicable law or regulation.
F.
Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours in accordance with Lakewood Municipal Code Section 8020. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director or the Director's designee may issue a stop work order for any activities that violates this condition.
G.
Backup Power; Generators. The permittee shall operate backup power generators only during (1) commercial power outages or (2) for maintenance purposes during normal construction hours in accordance with Lakewood Municipal Code Section 8020. The Director may approve a temporary power source and/or generator in connection with initial construction or major repairs.
H.
Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons; provided, however, that even in such emergency circumstances, the City shall use reasonable efforts to notify the permittee prior to such entry to the extent practicable under the circumstances. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.
I.
Permittee's Contact Information. The permittee shall furnish the Director with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes.
J.
Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and (2) other Claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee' s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.
K.
Recall to Approval Authority; Permit Revocation. The approval authority may recall this permit for review due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit after notice and an opportunity to cure the violation is provided to the permittee. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.
L.
Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless 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, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form.
§ 9608 Site Location Guidelines.
A.
Preferred Locations. All applicants must, to the extent feasible, propose new wireless facilities in locations according to the following preferences, ordered from most preferred to least preferred:
1.
Manufacturing districts;
2.
Commercial districts;
3.
Open space districts;
4.
Agricultural districts;
5.
Planned development districts;
6.
Parcels with multi-family residential structures at least 25 feet in height in residential districts;
7.
All other parcels with multi-family residential uses in residential districts;
8.
Parcels with single-family residential uses in residential districts.
B.
Preferred Support Structures. In addition to the preferred locations described in Section 9608(A), the City also expresses its preference for installations on certain support structures. The approval authority will take into account whether any less discouraged (or more preferred) support structures are technically feasible and potentially available. The City's preferred support structures are as follows, ordered from most preferred to least preferred:
§ 9609 Development Standards.
A.
Development Standards. The development standards for all new wireless facilities and substantial changes to existing wireless facilities not covered under Section 6409 shall be adopted by City Council Resolution, following a public hearing conducted pursuant to the applicable requirements of the Lakewood Municipal Code.
B.
Administrative Design Guidelines. The City Council authorizes the Director to develop and from time to time amend administrative design guidelines to clarify the aesthetic goals and standards developed pursuant to this Section 9609 for City staff, applicants and the public. In the event that a conflict arises between the development standards adopted under 9609(A) and the administrative design guidelines adopted under 9609(B), the development standards shall control.
§ 9610 Temporary Wireless Facilities.
A.
General Requirements for Temporary Wireless Facilities. Except as provided in Section 9610(B), the requirements, procedures and standards in this Section shall be applicable to all applications for temporary use permit for a temporary wireless facility.
1.
Applications for Temporary Wireless Facilities. The Development Review Board shall not approve any temporary wireless facility subject to a temporary use permit except upon a duly filed application consistent with this Section 9377.11(A)(l) and any other written application requirements or procedures the Director may make available online and/or in-person at the Department of Community Development. Applicants for a temporary use permit must submit, at a minimum: (1) a temporary use permit application on the most current form prepared by the Department of Community Development; (2) a site plan that shows the proposed temporary wireless facility and its equipment, physical dimensions and placement on the proposed site relative to property lines and existing structures; (3) a signed affidavit that the facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions; and (4) an insurance certificate for general commercial liability that names the City as an additional insured, includes coverage for the time period in which the temporary wireless facility will be placed and a carries at least $1,000,000 in coverage per occurrence. Applications must be submitted in person to the Director unless the Director grants written consent to receive an application by mail or electronic means. No pre-submittal conference or appointment is required for a temporary use permit application.
2.
Administrative Review for Temporary Wireless Facilities. After the Director receives a duly filed application for an administrative temporary use permit, the Director shall review the application for completeness. After the Director deems the application complete, the Development Review Board shall review the application for conformance with the required findings in Section 9610(A)(3) and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.
3.
Required Findings for Temporary Wireless Facilities. The Development Review Board may approve or conditionally approve a temporary use permit for a temporary wireless facility only when the Director finds:
(a)
The proposed temporary wireless facility will not exceed 50 feet in overall height above ground level;
(b)
The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location;
(c)
The proposed temporary wireless facility will not involve any excavation or ground disturbance;
(d)
The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations;
(e)
The applicant provided an affidavit that certifies that the proposed temporary wireless facility will comply with the maximum permissible exposure limits for human exposure to RF emissions established by the FCC;
(f)
The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;
(g)
The proposed temporary wireless facility will be identified with a sign that clearly identifies the (I) site operator, (II) the operator's site identification name or number and (III) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert power-down control over the antennas;
(h)
The proposed wireless temporary wireless facility will be removed within 30 days after the Development Review Board grants the temporary use permit, or such longer time as the Development Review Board finds reasonably related to the applicant's need or purpose for the temporary wireless facility (but in no case longer than one year).
4.
Appeals for Temporary Wireless Facilities. Any applicant may appeal the Development Review Board's written decision to deny an application for a temporary use permit. The written appeal together with any applicable appeal fee must be tendered to the City within 10 days from the Development Review Board's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The Planning and Environment Commission shall be the appellate authority for all appeals from the Planning and Environment Commission's written decision to deny a temporary use permit. The Planning and Environment Commission shall review the application de novo; provided, however, that the Planning and Environment Commission's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The Planning and Environment Commission shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
B.
Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the City without a temporary use permit only when a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless facilities placed pursuant to this Section 9610(B) must be removed within five days after the date the emergency is lifted. Any person or entity that places temporary wireless facilities pursuant to this section shall send a written notice that identifies the site location and person responsible for its operation to the City Manager or his or her designee as soon as reasonably practicable, but no greater than 24 hours.