Lathrop City Zoning Code
CHAPTER 17
97 WIRELESS COMMUNICATION FACILITIES
§ 17.97.010 Purpose and intent.
The purpose of this chapter is two-fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Lathrop; and (B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with: (1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and high-capacity broadband wireless communication facilities technology and innovations and the delivery of ultra-high-speed and high-capacity broadband wireless communications facilities services; (2) the interest in safeguarding the environment, and addressing aesthetics and other local values; and (3) the interest in promoting the public health, safety and welfare in Lathrop.
A wireless communications facility is permitted to be sited in Lathrop subject to applicable requirements imposed by this chapter, which includes a site plan review process, and a conditional use permit. These processes are intended to permit wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this chapter are tailored to the type of wireless communication facility that is sought. Building-mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this chapter.
(Ord. 16-369 § 1; Ord. 22-431 § 1)
§ 17.97.020 Definitions.
The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 17.04.080 and Section 1.04.050 of the Lathrop Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Lathrop Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.
means a wireless antenna and its associated equipment. The term includes a macrocell antenna and a microcell antenna.
means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices.
means the same as defined by FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term 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 in [47 C.F.R. Section 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 of this section, supports or houses equipment described in subsections 1 and 2 of this section that has been reviewed and approved under 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 subsections 1 and 2 of this section.
As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new one designed to bear additional weight from wireless equipment constitutes a base station. |
means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as "[t] 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 not a limitation, the FCC's definition means to add transmission equipment to an existing facility and does not necessarily refer to two or more different facility operations in the same location. |
means any request for modification of an existing tower or base station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of that tower or base station, and involves: (1) the collocation of new transmission equipment; (2) the removal of transmission equipment; or (3) the replacement of transmission equipment.
means any existing tower or base station that exists at the time the application is filed with the city.
for a constructed tower or base station, means that the tower or base station 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 Federal Communications Commission or successor agency.
means a wireless communication facilities to be located in Lathrup for which a permit is required by the city.
means radio frequency on the radio spectrum.
means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. Section 1455(a) (providing, in part, "… a State or local government may not deny, and shall approve, any Eligible Facilities Request for a modification of any existing wireless Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station.").
means, in the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met:
For a tower not located in the public rights-of-way a substantial change occurs when:
The height of the tower is increased by: (a) more than 10%, or (b) 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: (a) more than 20 feet, or (b) 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 a substantial change occurs when:
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 a substantial change occurs when:
It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or
There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or
The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or
The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower 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, measured from the original support structure;
For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to the adoption of the ordinance codified in this chapter.
To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to the adoption of the ordinance codified in this chapter. |
means the same as defined in FCC 47 C.F.R. Section (b)(9), as may be amended, which defines that terms as "any structure built for the sole or primary purpose of supporting any FCC-licensed or FCC-authorized antenna, including any 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 associate site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This does not include structures that were installed to replace or collocate upon existing power poles, light poles, energy transmission towers, or buildings.
A support structure which is modified or replace to the wireless use is only a secondary use thereof, even if the transmission equipment is the only attachment to the support structure. |
means equipment that facilitates transmission of any FCC-licensed or FCC-authorized wireless communication service.
means any antenna, associated equipment, base station, small cell system, tower, and/or transmission equipment located in Lathrop.
means, without limitation, all FCC-licensed back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.
(Ord. 16-369 § 1)
§ 17.97.030 Types of WCF permits required.
§ 17.97.040 WCF application requirements.
All applications for a WCF permit shall include the following items:
A.
Any applicant for a WCF permit shall participate in an intake meeting with the community development department to file an application to determine the type of review required;
B.
The applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request;
C.
The applicant shall complete the city's standard application form, as may be amended from time to time;
D.
The applicant shall include a completed and signed application checklist available from the city, including all information required by the application checklist;
E.
Payment of the fee prescribed by the municipal fee schedule;
F.
For Tier 3 WCF permits, the plans shall include a scaled depiction of the maximum permitted increase in the physical dimensions of the proposed project that would be permitted by the Spectrum Act, using the proposed project as a baseline; and
G.
Satisfy other such requirements as may be, from time to time, required by the community development director ("director"), as publically stated in the application checklist.
(Ord. 16-369 § 1)
§ 17.97.050 Permit review ("shot clock") time periods.
A.
City Review of Application Materials. The timeframe for review of an application shall begin to run when the application is submitted, but shall be tolled if the city finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the city will notify the applicant within 15 days of this submission if the additional information failed to complete the application. If the city makes a determination that an application submitted as a Tier 1 eligible facilities request should be processed as a Tier 2 or Tier 3, then the Tier 2 or Tier 3 processing time, as applicable, shall begin to run when the city issues this decision.
B.
Tier 1 processing time. For Tier 1 WCF permit applications, the city will act on the WCF application, together with any other city permits required for a proposed WCF modification, within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
1.
If the city determines that the application does not qualify as a Tier 1 eligible facilities request, the city will notify the applicant of that determination in writing and will process the application as a Tier 2 or Tier 3 WCF permit application, as applicable.
2.
To the extent federal law provides a "deemed granted" remedy for Tier 1 WCF permit applications not timely acted upon by the city, no such application shall be deemed granted until the applicant provides notice to the city, in writing, that the application has been deemed granted after the time period provided in subsection (B)(2) above has expired.
3.
Any Tier 1 WCF permit application that the city grants or that is deemed granted by operation of federal law shall be subject to all requirements of this chapter.
C.
Tier 2 Processing Time. For Tier 2 WCF permit applications, the city will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
D.
Tier 3 Processing Time. For Tier 3 WCF permit applications, the city will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
E.
Denial of Application. If the city denies a WCF application, the city will notify the applicant of the denial in writing of the reasons for the denial.
To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 60 days after the city deems the application incomplete as set forth in a written notice to the applicant. The director may in the director's discretion grant a written extension for up to an additional 30 days upon a written request for extension received prior to the sixtieth (60th) day. The director may grant further written extensions only for good cause, which includes circumstances outside of the applicant's reasonable control.
(Ord. 16-369 § 1)
§ 17.97.060 Tier 1 WCF permit process and findings.
A.
A Tier 1 WCF permit shall be reviewed by the director. The director's decision shall be final and may be appealable pursuant to the procedures set forth in Chapter 17.108.050;
B.
The director shall grant a Tier 1 WCF permit provided that the director finds that the applicant proposes an eligible facilities request; and the proposed collocation or modification does not defeat any existing concealment elements of the support structure.
(Ord. 16-369 § 1)
§ 17.97.070 Tier 2 WCF permit process and findings.
A.
A Tier 2 WCF permit shall be reviewed by the director. The director's decision shall be appealable pursuant to the procedures set forth in Section 17.108.050.
C.
The director, or planning commission on appeal, shall deny a Tier 2 WCF permit if the above findings cannot be made.
(Ord. 16-369 § 1)
§ 17.97.080 Tier 3 WCF permit process and findings.
A.
A Tier 3 WCF permit shall be reviewed by the planning commission as part of a site plan review and conditional use permit. If denied by the planning commission, applicant may appeal to city council for reconsideration pursuant to Section 17.100.070.
B.
The council on appeal shall grant a Tier 3 WCF permit provided the proposed WCF complies with the development standards in Section 17.97.090 and the conditions of approval in Section 17.97.100, and all of the site plan review findings in Chapter 17.100 and the conditional use permit findings in Chapter 17.112 can be made.
C.
Planning commission or city council on appeal, shall deny a Tier 3 WCF permit if the above findings cannot be made.
(Ord. 16-369 § 1; Ord. 22-431 § 1)
§ 17.97.090 Development standards.
Except as otherwise provided in this section, a proposed WCF project shall comply with the following standards:
A.
Shall utilize the smallest footprint possible;
B.
Shall be designed to minimize the overall height, mass, and size of the cabinet and enclosure structure;
C.
Shall be architecturally compatible with the existing site;
D.
Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the Zoning Code;
E.
An antenna, base station, or tower shall be designed to minimize its visibility from off-site locations and shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area;
F.
A building-mounted antenna, base station, or tower shall be architecturally compatible with the existing building on which the antenna, base station, or tower is attached;
G.
Mechanical equipment shall be screened from public view.
H.
Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend 15 feet beyond the permitted height of the building in the zone district;
I.
Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3 WCF project shall not exceed 65 feet in height; and
J.
A tower or other stand-alone Tier 3 WCF may encroach into the interior/street side and rear setback.
(Ord. 16-369 § 1)
§ 17.97.100 Conditions of approval.
In addition to any other conditions of approval permitted under federal and state law and this code that the director deems appropriate or required under this code, all WCF projects approved under this chapter, whether approved by the director or deemed granted by operation of law, shall be subject to the following conditions of approval:
A.
Permit Conditions. The grant or approval of a WCF Tier 1 permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.
B.
As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within 90 days after the completion of construction.
C.
Applicant shall hire a radio engineer licensed by the state of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the planning division within one year of commencement of operation.
D.
Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its city council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the project, including (without limitation) reimbursing the city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of its own choice.
E.
Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of the code, any permit issued under this code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.
F.
Compliance with Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the community development department.
(Ord. 16-369 § 1)
§ 17.97.110 Removal of abandoned equipment.
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for more than 90 days shall be removed by the applicant, wireless communications service provider, or property owner within 90 days of the cessation of use of that WCF. A new WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed.
(Ord. 16-369 § 1)
§ 17.97.120 Revocation.
The director may revoke any WCF permit if the permit holder fails to comply with any condition of the permit. The director's decision to revoke a permit shall be appealable pursuant to the process for site plan review set forth in Chapter 17.100 and the process for conditional use permits set forth in Chapter 17.112.
(Ord. 16-369 § 1)
§ 17.97.130 Exemptions.
Any wireless communications facility proposed for placement on city owned property pursuant to a lease, license, or other agreement with the city are and shall be exempt from this chapter, but shall comply with such processing and design standards as are set forth in such lease, license, or other agreement.
(Ord. 16-369 § 1)