Nonresidential development of twenty-five thousand square feet or more shall be subject to transportation and trip reduction measures contained in subsection D of this section.

A.

Definitions. The following words or phrases shall have the following meanings when used in this section:

"Alternative transportation" means the use of modes of transportation other than the single-passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in subsection D of this section.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"The California Environmental Quality Act (CEQA)," Public Resources Code Section 21000, et seq. is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

"Developer" means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this section as determined by the property owner.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this section and which exceed the thresholds defined in subsection D of this section shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

"Employee parking area" means the portion of total required parking at a development used by onsite employees. Except as otherwise specified in Title 17 of this code, employee parking shall be calculated as follows:

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the section either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation demand management (TDM)" means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single occupant vehicles.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

B.

Review of Transit Impacts.

1.

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this section shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

2.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

C.

Applicability of requirements.

1.

Prior to approval of any development project of the type and size specified in subsection D of this section, the applicant shall make provision for, at a minimum, all of the following applicable transportation demand management and trip reduction measures specified in said subsection D.

2.

This section shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this section.

3.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

D.

Development Standards.

1.

Nonresidential development of twenty-five thousand square feet or more shall provide the following to the satisfaction of the City:

a.

A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

i.

Current maps, routes and schedules for public transit routes serving the site;

ii.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

iii.

Ridesharing promotional material supplied by commuter-oriented organization;

iv.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

v.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2.

Nonresidential development of fifty thousand square feet or more shall comply with subdivision 1 of this subsection and shall provide all of the following measures to the satisfaction of the City:

a.

Not less than ten percent of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

b.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

c.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development and one bicycle per each additional fifty thousand square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the City.

3.

Nonresidential development of one hundred thousand square feet or more shall comply with subdivisions 1 and 2 of this subsection, and shall provide all of the following measures to the satisfaction of the City:

a.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers;

b.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

c.

If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

d.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

E.

Monitoring.

1.

The City shall monitor each project's compliance with the standards required by this section. Such monitoring shall include:

a.

Site monitoring by the Planning Department prior to the issuance of a certificate of occupancy or final inspection;

b.

Site monitoring by the Planning Department on an annual basis after initial compliance has been verified;

c.

Annual traffic counts and calculated levels of service for selected arterial intersections, as specified by the traffic monitoring procedures found in the CMP Highway and Roadway System Chapter.

F.

Enforcement. If the standards required by this section are not adhered to, then enforcement of the standards shall be made pursuant to Chapters 1.08 and 1.12 of the Rolling Hills Municipal Code.

(Ord. 242 §4, 1993).

Editor's note— Ord. No. 317, § 3, adopted Jan. 25, 2010, repealed former § 17.27.020 in its entirety which pertained to water efficient landscaping requirements and derived from Ord. No. 240, § 3, adopted in 1993.

All utilities servicing the building in question on any residentially zoned parcel shall be installed underground upon:

A.

Construction of any new primary or accessory building;

B.

Remodeling of a primary or accessory building which entails enlargement of the structure or alteration of the building footprint;

C.

Lengthening or adding electrical lines servicing a building or parcel;

D.

Relocating or increasing the electrical panel servicing a building or parcel; or

E.

Inclusion of a parcel in an underground utility assessment district, in which event new or replacement utility poles are prohibited.

(Ord. 280 §2, 2000).

A.

General. This section establishes standards and procedures for the development and operation of wireless communications facilities, including, but not limited to, personal wireless services facilities, non-exempt satellite antennas, and single pole/tower amateur radio antennas. The requirements of this section apply to all wireless communication facilities on public and private property and within the right of way that transmit and/or receive electromagnetic signals, including, but not limited to, personal wireless services, satellite, and radio and television broadcast facilities.

1.

Application Types.

a.

Type 1—Collocation of a Small Wireless Facility on an Existing Structure. Type 1 applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type 1 application.

b.

Type 2—Collocation on an Existing Structure which does not Qualify as a Type 1 Small Wireless Facility Collocation or a Type 5 Eligible Facilities Request. Type 2 applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request.

c.

Type 3—New Small Wireless Facility on a New or Replacement Structure. Type 3 applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.

d.

Type 4—New Tower or Any Other Wireless Facility that is not a Type 1, 2, 3, 5, or 6 Application. Type 4 applications shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type 1, 2, 3, 5, or 6 applications.

e.

Type 5—Eligible Facilities Requests. Type 5 applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations.

f.

Type 6—Temporary Facilities. Type 6 applications shall include any applications for a temporary facility to provide wireless services on a temporary or emergency basis.

2.

Permit Requirements. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this section and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.

a.

Conditional Use Permit Required. A conditional use permit shall be required for Type 4 applications, which shall be reviewed and processed in accordance with Chapter 17.42 of this Code and the requirements of this Section 17.27.040.

b.

Zone Clearance Required. A zone clearance shall be required for Type 1, 2, 3, and 5 applications, which shall be reviewed and processed in accordance with Chapter 17.44 of this Code and the requirements of this Section 17.27.040.

c.

Temporary Use Permit Required. A temporary use permit shall be required for Type 6 applications, which shall be reviewed and processed in accordance with Chapter 17.48 of this Code and the requirements of this Section 17.27.040.

3.

Exempt Wireless Communication Facilities. The following wireless communication facilities are exempt from the requirements of this section:

a.

Wireless facilities operated by the City for public purposes.

b.

Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure.

c.

Traditional terrestrial radio and television mobile broadcast facilities.

d.

A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:

(1)

Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot, provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

(2)

Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.

e.

Amateur radio antennas meeting the following requirements:

(1)

That are completely enclosed within a permitted building; or

(2)

That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or

(3)

That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.

B.

Definitions. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; unless more specifically defined in this chapter, the word "building" is interchangeable with the word "structure," and the word "shall" is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint. Reference to "facility" is interchangeable with "wireless communications facility," unless otherwise noted.

1.

"Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

2.

"Applicant" or "provider" shall mean the person or entity applying for a permit to install wireless communications facilities.

3.

"Base Station" shall have the same meaning as defined by 47 C.F.R. Section 1.6100(b)(1), or any successor provision.

4.

"Colocation," "Co-location," and "Collocation" shall mean the same as defined by the FCC in 47 C.F.R. § 1.6002(g), which means (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests (Type 5), "Colocation," "Co-location," and "Collocation" shall mean the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), which means 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.

5.

"Eligible Facilities Request" shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision.

6.

"Monopole" shall mean a free-standing pole, like a slim line, flagpole, or similar structure.

7.

"Personal Wireless Services" shall mean those services as defined in 47 U.S.C. section 332(c)(7)(C)(i), or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

8.

"Roof-mounted" shall mean any type of facility in which antennas are mounted on the roof, parapet, or similar feature of a structure.

9.

"Small Wireless Facility" shall mean the same as defined by the FCC in 47 C.F.R. section 1.6002(l), or any successor provision.

10.

"Support structure" shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. section 1.6002(m), or any successor provision.

11.

"Temporary facility" shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency, as defined in Government Code section 8558, requiring additional service capabilities.

12.

"Tower" shall mean the same as defined in 47 C.F.R. section 1.6100(b)(9), or any successor provision. This definition does not include utility poles.

13.

"Utility pole" shall mean any structure designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.

14.

"Wireless communications facilities" and "facilities" shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities 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).

C.

Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless communications facility shall complete and submit an application to the Planning and Community Services Department for review and processing, upon the form published by the Director of the Planning and Community Services Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:

1.

Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility.

2.

A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project.

3.

A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility.

4.

A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations.

D.

Findings for Approval.

1.

Findings for approval of a conditional use permit required by this section (Type 4). Approval of any conditional use permit required by this section is subject to the following findings:

a.

All findings for approval required for conditional use permits as specified in Section 17.42.050; and

b.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and

c.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

d.

The project has received approval from the Rolling Hills Community Association.

2.

Findings for approval of a non-eligible facility request zone clearance required by this section (Types 1, 2, and 3). Approval of any non-eligible facility request zone clearance required by this section is subject to the following findings:

a.

The proposed facility is consistent with the provisions of Title 17; and

b.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception therefrom; and

c.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

d.

The project has received approval from the Rolling Hills Community Association.

3.

Findings for approval of a zone clearance for an eligible facilities request required by this section (Type 5). No zone clearance 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:

a.

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 City authority shall make an express finding for each criterion; and

b.

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. sections 1.6100(b)(7)(i)—(iv), or any successor provisions; and

c.

The proposed facility will comply with all generally applicable laws.

4.

Findings for Approval of a temporary use permit required by this section (Type 6). Approval of any temporary use permit required by this Section is subject to the following findings:

a.

The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and

b.

The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and

c.

Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties; and

d.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and

e.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

f.

The project has received approval from the Rolling Hills Community Association.

E.

Design, Location, and Development Standards.

1.

In addition to the design, location, and development standards outlined in this subsection 17.27.040(E), the Planning Commission is authorized to develop and adopt from time to time supplemental design, location, and development standards for all wireless communications facilities subject to this Section 17.27.040 by resolution.

2.

This subsection E(2) establishes generally applicable design and development standards for all wireless facilities, except Type 5 eligible facilities requests.

a.

The facility shall be erected, located, operated, and maintained at all times in compliance with this section and all applicable laws, regulations, and requirements of the California Building Code, as modified by the City, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.

b.

State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility so that the proposed wireless facility will look like something other than a wireless facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone or replacement facilities shall use designs that are compatible and blend in with the surrounding area. For example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective.

c.

The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage.

d.

Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables and wires, shall be screened, located within an enclosure or underground vault in a manner that, if aboveground, is visually compatible with the surrounding area and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements.

e.

The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or otherwise blend in with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing City authority's prior approval.

f.

All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this code. The reviewing City authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.

g.

Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.

h.

To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing City authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences, or any similar security measures are prohibited. Alarm systems shall not include any audible sirens or other sounds.

i.

All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design. Electrical service for all wireless facilities shall be placed underground to the extent technically feasible. The City shall provide written notice to all residents within five hundred feet of a wireless facility proposed to be deployed upon a new pole.

3.

This subsection E(3) establishes additional design and development standards for all wireless facilities, except Type 5 eligible facilities requests, proposed to be located upon a rooftop or attached to an existing building.

a.

Any screening used in connection with a wall-mounted and/or roof-mounted facility, shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted.

b.

The facility shall be placed to the centermost location of the rooftop to screen it from view from the street and adjacent properties, or incorporate façades to create a stealth facility that is designed to look like something other than a wireless facility.

c.

Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on commercial buildings and properties, and on publicly owned properties or buildings.

4.

Temporary facilities shall be subject only to the following design and development standards in this Section 17.27.040(E)(4). Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities:

a.

That will be in place for no more than six months, or such other longer time as the City may allow in light of the event or emergency;

b.

For which required notice is provided to the FAA;

c.

That do not require marking or lighting under FAA regulations;

d.

That will not exceed fifty feet in height; and

e.

That will either involve no excavation or involve excavation only as required to safely anchor the facility where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet.

5.

All wireless communications facilities, except Type 5 eligible facilities requests, shall not be located on private residential property outside of the right-of-way or outside a roadway easement, but may be located on existing utility poles.

6.

This subsection E(6) establishes generally applicable location standards for all wireless communications facilities, except Type 5 eligible facilities requests, inside of the right-of-way or inside a roadway easement:

a.

Wireless communications facilities shall utilize existing poles, structures, street signs or utilize the replacement of existing structures, poles, and street signs in the right-of-way or within a roadway easement to avoid the proliferation of new poles and structures in the right-of-way and roadway easements;

b.

Wireless communications facilities shall not be located in the right-of-way or within a roadway easement in a manner which obstructs the view, as the term is defined in Section 17.26.020 of this Code, of any residential primary building;

c.

To the maximum extent technically feasible, wireless communications facilities shall be located on shared property lines separating two residential parcels.

F.

Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for the use of City-owned property. The placement of wireless facilities on those structures and property shall be subject to one or more negotiated agreements. The agreements shall specify the compensation to the City for use of the structures. The person seeking an agreement shall, in addition to any consideration paid, reimburse the City for all costs the City incurs in connection with its review of and action upon that person's request for an agreement.

G.

Standard Conditions of Approval. In addition to all other conditions adopted by the applicable approval authority, all permits issued in accordance with this section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify, supplement, 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 section.

1.

Permit Term. For any non-eligible facilities request, this permit will automatically expire ten years and one day from its date of issuance. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

2.

Strict Compliance with Approved Plans. 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 communication facility in strict 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 communication facility, must be submitted in a written request subject to the Director of the Planning and Community Services Department's prior review and approval.

3.

Permit Expiration. This permit will automatically expire if construction or installation activities authorized herein do not commence within one year from the date of this permit's issuance.

4.

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. 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 forty-eight hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

5.

Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, or general welfare, and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.

6.

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 by 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 Rolling Hills 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 the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation.

7.

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. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not "adverse impacts" for the purposes of this condition. 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 as set forth in the Rolling Hills Municipal Code. 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 of Planning and Community Services, or the Director's designee, may issue a stop work order for any activities that violate this condition.

8.

Inspections—Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, and other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City's officers, officials, staff, or other designees 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. The permittee will be permitted to supervise the City's officers, officials, staff, and other designees while any such inspection or emergency access occurs.

9.

Permittee's Contact Information. The permittee shall furnish the Director of Planning and Community Services 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, facsimile 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.

10.

Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, employees, and volunteers from and against any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, lawsuits, 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 of 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', invitees', volunteers', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any third-party claims concerning this permit, 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.

11.

Performance Bond. Prior to the issuance of any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed, in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws.

12.

Recall to Approval Authority—Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. 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.

13.

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 include, 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 kept in the city's regular files will control over any conflicts between such hard copies and the permittee's electronic copies, and complete originals will control over all other copies in any form.

14.

Permit Renewal. Any application to renew this permit must be tendered to the Director of Planning and Community Services within one year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in-effect. The Director of the Planning and Community Services Department may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.

15.

Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the decision-making authority:

a.

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.

b.

No Permit Term Extension. The City's grant or deemed 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 Town'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.

H.

Limited Exceptions for Personal Wireless Service Facilities.

1.

The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:

a.

Prohibit, or effectively prohibit, the provision of personal wireless services, within the meaning of federal law; or

b.

Otherwise violate applicable laws or regulations; or

c.

Require a technically infeasible location, design, or installation of a wireless facility.

2.

If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation.

(Ord. 295 §7 (Exh. B (part)), 2004).

(Ord. No. 384, § 4, 1-8-2024)