The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities. These regulations are intended to protect and promote the public health, safety and welfare of the residents of the city of Mendota, to preserve community character, protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996, and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas.

(Ord. No. 17-06, § 1, 4-25-2017)

The following abbreviations, phrases, terms, and words shall have the meanings assigned in this section or, as appropriate, in this chapter of the Mendota 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 Mendota 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.

"Antenna" means a device used in communications designed to radiate and/or capture electromagnetic signals and its associated equipment. The term includes a macrocell antenna and a microcell antenna.

"Base station" means 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. The term "base station" includes, without limitation:

1.

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.

2.

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).

3.

Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (1) and (2) above that has been reviewed and approved by the city.

"Collocation" means the installation of antennas operated by different entities in close proximity so that use of substantial elements of the facility such as the antenna tower, equipment shelter, or fenced enclosures are shared. Collocation also includes replacement of an existing tower with one capable of supporting additional antennas.

"Facility." See "wireless telecommunications facility."

"Radio frequency ("RF")" means electromagnetic radiation in the portion of the spectrum from three kilohertz (kHz) to three hundred (300) gigahertz (gHz).

"Stealth design" means design techniques that blend the facility or additions with the natural or manmade environment in such a manner as to be effectively unnoticeable.

"Stealth structure" means a self-supporting antenna tower designed to closely resemble a commonplace object that effectively blends with its surroundings.

"Tower." See "antenna tower."

"Wireless communications" means the transmission and/or reception of information through space using electromagnetic energy.

"Wireless telecommunications facility ("WCF")" means structures and/or equipment, including antennas, antenna towers, equipment cabinets, buildings, generators, fencing, access roads and the land upon which they are situated, associated with wireless communications.

"Wireless communications service" means all FCC-licensed back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.

(Ord. No. 17-06, § 1, 4-25-2017)

In addition to meeting standard application submittal requirements for conditional use permits pursuant to Section 17.08.050 of this title, all applicants for wireless telecommunications facilities shall provide the information listed below. The city may waive any of the submittal requirements listed below or require additional information based upon specific project factors:

A.

Geographic Service Area. Identify the geographic service area for the subject installation, including a map showing all the applicant's existing sites in the local service network associated with the gap the facility is meant to close. Describe how this service area fits into and is necessary for the company's service network.

B.

Visual Impact Analysis. A visual impact analysis shall be provided showing the maximum silhouette, viewshed analysis, color and finish palette, and proposed screening. The analysis shall include photo simulations and other information as necessary to determine visual impact of the facility. A map depicting where the photos were taken shall be included.

C.

Narrative.

1.

Height. Show the height of the facility. Carriers must provide evidence that establishes that the proposed facilities have been designed to the minimum height required from a technological standpoint for the proposed site. If the tower will exceed the maximum permitted height limit, as measured from grade, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be required.

2.

Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment, and landscaping.

3.

Noise/Acoustical Information. As part of the application for environment initial study, provide manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

4.

Concept Landscape Plan. Provide a plan showing all proposed landscaping, screening, and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

5.

Fire Service. Provide evidence of compliance with applicable fire safety regulations or a service letter from the applicable fire district.

6.

Hazardous Materials. Listing of all hazardous materials to be used onsite.

7.

For all applications for facilities located in the public right-of-way, include on the plot plan the location of parking for maintenance personnel.

8.

A letter stating the applicant's willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible, and aesthetically desirable.

9.

The lease area of the proposed wireless telecommunications facility on the plot plan.

10.

For all applications for wireless telecommunications facilities operating below twelve hundred (1,200) megahertz, submit a copy of the Federal Communications Commission Licensing Application Form 601, Main Form, Pages 1 through 4, Schedule A, Page 1, Schedule D, Page 1 and Schedule H, Pages 1 through 3. The application shall be reviewed by the sheriff's wireless services unit to determine potential interference with the regional communication system. Interference with that system may be grounds for denial.

(Ord. No. 17-06, § 1, 4-25-2017)

A.

Tiered Permitting System. Applications for installation or modification of wireless telecommunication facilities will be designated into one of three tiers.

1.

Tier 1 Permits. Tier 1 permit application procedure will apply to:

a.

Any modification of an existing tower or base station that does not substantially change the physical dimensions of that tower or base station and involves: (i) the collocation of new transmission equipment, (ii) the removal of transmission equipment, or (iii) the replacement of transmission equipment.

b.

Any collocation that does not substantially change the physical dimensions of an existing tower or base station.

2.

Tier 2 Permits. Tier 2 permit application procedure will apply to any modification that substantially changes the physical dimensions of an existing tower or base station. Substantial changes as determined within this section shall include:

a.

For facilities not located in the public rights-of-way:

i.

The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or

ii.

There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater.

b.

For facilities located in the public rights-of-way and for all base stations:

i.

The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or

ii.

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

iii.

It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or

iv.

It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.

c.

For any existing tower or base station at the time an application is filed:

i.

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

ii.

There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or

iii.

The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or

iv.

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.

d.

To measure changes in height for the purposes of this section, the baseline is:

i.

For deployments that are or will be separated horizontally, measured from the original support structure;

3.

Tier 3 Permits. Any installation of a new wireless telecommunications facility that is not a (3) A tier 3 WCF permit shall be required for the siting of any new WCF that is not a collocation subject to a tier 1 or 2 WCF permit.

B.

Permit Review Time Periods. 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 requests that the applicant submit additional information to complete the application. Such requests shall be made within thirty (30) days of submission of the application. After submission of additional information, the city will notify the applicant within ten (10) days of this submission if the additional information failed to complete the application.

1.

Tier 1 Processing Time. For tier 1 permits, the city will act on the WCF application together with any other city permits required for a proposed WCF modification, within sixty (60) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

2.

Tier 2 Processing Time. For tier 2 permits, the city will act on the application within ninety (90) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

3.

Tier 3 Processing Time. For tier 3 permits, the city will act on the application within one hundred fifty (150) days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

C.

Development Standards. Except as otherwise provided in this section, a proposed WCF project shall comply with the following standards:

1.

Shall utilize the smallest footprint possible;

2.

Shall be designed to minimize the overall height, mass, and size of the cabinet and enclosure structure;

3.

Shall be screened from public view;

4.

Shall be architecturally compatible with the existing site;

5.

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;

6.

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;

7.

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;

8.

For any tier 2 or tier 3 WCF proposed to be attached on an historic building or, as designated by Section 15.04.130, historic review shall also be required;

9.

Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend fifteen (15) feet beyond the permitted height of the building in the zone district;

10.

Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone tier 3 WCF project shall not exceed sixty-five (65) feet in height; and

11.

A tower or other stand-alone tier 3 WCF may encroach into the interior/street side and rear setback.

D.

Conditions for Approval. In addition to any other conditions of approval permitted under federal and state law and this code that the zoning administrator deems appropriate or required under this code, all WCF projects approved under this chapter, whether approved by the zoning administrator or deemed granted by operation of law, shall be subject to the following conditions of approval:

1.

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.

2.

As-Built Plans. The applicant shall submit to the zoning administrator an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.

3.

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.

4.

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.

5.

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.

6.

Compliance with Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

E.

Denial of Application. If the city denies a wireless telecommunications facility application, the city will notify the applicant of the denial in writing of the reasons for the denial.

F.

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 ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new conditional use 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.

G.

Permit Revocation. The zoning administrator may revoke any WCF permit if the permit holder fails to comply with any condition of the permit. The zoning administrator's decision to revoke a permit shall be appealable to the planning commission and the decision of the planning commission may be appealed to the city council, as provided in Section 17.08.050.

(Ord. No. 17-06, § 1, 4-25-2017)