Walnut City Zoning Code
CHAPTER 6
88 ANTENNAS AND COMMUNICATION FACILITIES
§ 6.88.010 Purpose and intent.
The purpose and intent of this chapter is to consolidate and provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic rural quality of Walnut as set forth in the goals and policies of the Walnut General Plan. At the same time, the intent is to comply with state and federal law and, to not unduly restrict the development of needed telecommunications facilities and important amateur radio installations, and encourage managed development of telecommunications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities.
§ 6.88.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials, and shapes including, but not limited to, solid or wire-mesh dish, horn, spherical, or bar configuration used for the transmission or reception of electromagnetic signals. Types of antennas include:
Building Mounted.
An antenna mounted directly to the fascia or side wall of a building or structure.
Ground Mounted.
An antenna mounted to a free standing antenna support structure with its base placed directly on the ground, specifically including, but not limited to, monopoles.
Roof Mounted.
An antenna mounted directly to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the roof top of a building.
The person or persons, and any successors-in-interest, who submit a request to the City of Walnut for establishing antennas, towers or communication facilities and their support structures.
See Equipment Structure.
City of Walnut, California.
A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public and/or private entity.
Any building, shelter, or cabinet used to house mechanical or electrical equipment necessary used by telecommunication providers to operate or support a facility. Base station is an equivalent term.
A telecommunication facility that transmits and/or receives electromagnetic signals including: antennas, dishes, towers, horns, and other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures supporting said equipment; equipment structures; parking area and other accessory development.
This is an abbreviation which refers to the Federal Communications Commission.
The distance measured from the average finished grade surrounding the facility to the highest point on the tower or antenna, including the base pad and any antenna. In the case of a building tower, the height includes the portion of the building on which it is mounted. Towers that are adjustable in height shall use the maximum height which the structure is capable to reach.
A self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
For the purposes of this section, this term shall refer to any of the following zoning designation(s): R-1 (one-family residential), RPD (residential planned development), or R-2 (limited multiple residential) zones.
Unit of measure equivalent to 3.281 lineal feet.
A wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
A video delivery system in which the local telephone operator makes at least two-thirds of the capacity available to unaffiliated programmers on a non-discriminatory basis.
This is an abbreviation which refers to the Public Utilities Commission.
Electromagnetic signals transmitted and received using wireless telecommunication antennas.
The area within the direct line between a land-based antenna and an orbiting satellite.
Man-made trees, clock towers, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of an antenna, tower or support structure.
The line along the top of a roof or structure (if there is no roof).
Any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
A ground or building mounted mast greater than 10 feet tall and six inches in diameter supporting one or more antenna, dish, array, etc.
§ 6.88.030 Applicability.
Applications for new telecommunication facilities and antennas may be submitted as follows:
A.
Permitted Facilities. The facilities listed as follows are deemed to be permitted uses. Although they do not require a special use permit or other discretionary approval they are subject to the application requirements found in Section 6.88.040:
1.
Underground Facilities/Services. Facilities that are located below the finished grade including an equipment structure or any cables run by conduit: provided, that, unless otherwise authorized by law to access, enter, or use property owned, leased, or otherwise controlled by the City, any facility/service located on such property shall require the applicant to negotiate a license or lease authorizing such facility/service as required by Section 6.88.160 of this chapter.
No license or lease shall be required for any of the following providers that utilize the City’s public rights-of-way to deliver video or telecommunications services:
a.
Cable Television. Installation and operation of cable television facilities in accordance with and subject to the terms and conditions of a state or local cable television franchise.
b.
Open video systems.
c.
Telephone Companies. Installation and operation by any telephone corporation of telephone lines and facilities, excepting antennas and towers, pursuant to Section 7901 of the Public Utilities Code.
d.
Similar telecommunications providers as determined by the City Council.
2.
Preexisting Towers or Antennas. Towers and antennas legally permitted and existing at the time this section becomes effective shall be subject only to federal and state requirements plus local Building and Safety Codes. Once a preexisting facility applies for any modification or expansion, said facility shall be subject to compliance with all current applicable codes, including, but not limited to, the Zoning Code.
3.
Certain Devices. Hand held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the Community Development Director.
4.
Temporary Services. Mobile or temporary facilities providing emergency services or public information coverage of news events of a temporary nature provided all facilities are removed at the conclusion of said event.
5.
Small Antenna. A receive-only radio or television dish or antenna with a diameter of two meters or less in industrial and commercial zones, or one meter or less in residential zones provided that the dish is located neither within a required setback area nor above the ridgeline of the primary structure on said parcel.
6.
UHF/VHF Antennas. Common skeletal-type television antennas used to receive UHF and VHF frequencies not exceeding 25 feet above grade level.
7.
Modification of Existing Tower or Base Station. A request for modification of an existing wireless telecommunication tower or base station for the purpose of collocating new transmission equipment or removing or replacing existing transmission equipment if such modification does not substantially change the physical dimensions of such tower or base station.
A substantial change in physical dimensions for these purposes includes, but may not be limited to any change or series of changes over time, whether by one or more parties, that individually or collectively causes any of the following:
a.
A change in the physical dimensions of a tower or base station that violate any federal, state, or local safety code.
b.
A change in the physical dimension of a stealth structure that makes a tower or antenna more visible to the general public.
c.
A change that would cause a tower or base station to intrude on or require work or construction in an environmentally sensitive area.
d.
An increase or decrease of five percent or more in the height, width, or depth of any antenna, tower, base station, or the area required for structures that support, surround, or enclose an antenna, tower, or base station.
B.
Minor Facilities—Director Review. The facilities listed as follows are deemed to be minor facilities subject to site plan and architectural review by the Community Development Director, or designee, shall review all site plan and architectural review applications pursuant to Chapter 6.84 for the following types of telecommunication and antenna facilities:
1.
Amateur Radio Station Operators/Receive Only Antennas. Installation of any antenna that is under 35 feet in height and is owned and operated by a federally-licensed (FCC) amateur radio station operator or is used exclusively for "receive only" antennas.
2.
UHF/VHF Antennas (Medium). Common skeletal-type television antennas used to receive UHF and VHF frequencies greater than 25 feet but less than 50 feet above grade level.
3.
Dish Antenna. A receive-only radio or television satellite dish antenna, with a diameter exceeding one meter but less than two meters in diameter, and not exceeding 15 feet in height, for the sole use of the person(s) occupying a residential parcel on which said dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel, and is adequately screened from view from a public right-of-way provided that the antenna can maintain reasonable service.
4.
Master Plan—Individual Antennas. Individual antennas approved as part of a conditional use permit for a master plan of facilities (subsection (D)(1) of this section).
C.
Minor Facilities—Commission Review. The facilities listed as follows are deemed to be minor facilities subject to site plan and architectural review by the Planning Commission pursuant to Chapter 6.84:
1.
City Owned Facility. City owned and operated telemetry station antennas for supervisory control and data acquisition systems for water, law enforcement, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet, provided a license or lease authorizing such antenna or tower pursuant to this chapter has been approved by the City.
2.
City Owned Property. Antennas or towers on or attached to property owned, leased, or otherwise controlled by the City, provided a license or lease authorizing such antenna or tower pursuant to Section 6.88.160 has been approved by the City.
3.
Stealth Facilities. Facilities that are mounted or attached to a building or structure in such a manner that the facility is disguised to be architecturally compatible with said building or structure including structures resembling manmade or natural elements (e.g., signs, façades, clock towers, trees, etc).
4.
Industrial or Commercial Zones. Antennas or towers, including the placement of additional structures or other supporting equipment used in connection with a tower or antenna, in any industrial or commercial zoning district.
5.
Co-Location. Facilities on existing structures or towers not otherwise permitted under this chapter and provided that the new structure: (a) complies with all applicable federal regulation and codes; (b) is of the same tower type; (c) is located within any industrial or commercial zone; (d) meets all development standards set forth in this section; and (e) does not increase the height by more than 10 feet or to a height over 70 feet. This includes installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires.
6.
UHF/VHF Antennas (Large). Common skeletal-type television antennas used to receive UHF and VHF frequencies greater than 50 feet but less than 70 feet above grade level.
7.
AM Array. An AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of all of the towers included in the array.
8.
Tenant Occupied Parcel. A single receive-only radio or television antenna including any mast, for the sole use of the tenant occupying a commercial or industrial zoned parcel on which the radio or television is located, if the antenna height does not exceed 50 feet.
9.
Public Facility. City owned and operated facility used for emergency response services, public utilities operating under a franchise agreement, operations and maintenance if the height does not exceed 70 feet.
10.
CB Radio. A citizens band (CB) radio antenna including any mast, if the height (including tower, support structure, post and antenna) does not exceed 70 feet.
11.
Amateur Radio Service. An antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (including post and antenna) does not exceed 70 feet.
D.
Conditional Use Permit. The facilities listed as follows are permitted subject to a conditional use permit as specified in Chapter 6.64:
1.
Master Plan—Multiple Facilities. One application for a single entity proposing more than one telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public and/or private entity, if said facilities are not co-located.
2.
Monopoles. All monopole designs, unless the facility is co-located with another monopole.
E.
Prohibited. Monopoles, towers, and antennas are prohibited in all residential zones.
§ 6.88.040 Application requirements.
Applications for new telecommunication facilities and antennas shall at a minimum contain the following:
A.
Professionally prepared plans showing the following information:
1.
Plot plans shall be drawn to at least a one-eighth-inch scale, which show and dimension all property boundary lines, all existing and proposed structures including structures located on the adjacent properties, and any off-street parking. Include a topographic survey of the area.
2.
Elevations drawn at a scale to clearly depict the size of all proposed structures above ground level and the design of the proposed structure(s). This may include visual simulations (i.e., photo montage) to ensure visual and architectural compatibility with the surrounding area.
3.
Landscape plans to illustrate how the structures will be screened or concealed.
B.
A facility utilization plan that includes a narrative and graphic representation showing the location and type of all existing facilities plus the applicant’s proposed and planned facilities, within the City and within one-quarter mile thereof. A written analysis of the potential for co-location for the proposed facility using this information shall also be included.
C.
Certification that the proposed facility does, and will continue to, comply with all of the applicable FCC and PUC requirements. The general capacity for future expansion or co-location capability of the facility and information necessary to assure the ANSI standards are met must also be included.
D.
A "justification study" that includes the following:
1.
Rationale. The rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. A description of the tower with technical reasons for its design shall also be included. If the applicant claims the facility is necessary to fill a significant gap in the personal communication service provider’s coverage area, information and evidence must be provided in support of such claim. Information must also be provided to demonstrate that the proposed facility is the least intrusive means of filling the gap in coverage.
2.
Co-Location. This study shall also examine the potential for co-location at an existing or new site. If co-location is not proposed, then the applicant shall include a written explanation why this facility is not a candidate for co-location; and
3.
Height. The height of the proposed tower and antennas shall be justified by the need of such height to effectively provide services by the applicant through a written analysis.
4.
Equipment. Examine the potential to place all support equipment underground. Include a written explanation why any equipment cannot be placed underground.
E.
Right-of-Way Applications. If the proposed facility will be located in the City’s public right-of-way, the applicant shall provide certification that the facility is for the use of a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.
F.
Provide a statement of intent on whether there will be any excess space available and if it may be leased. Include a proof of ownership of the proposed site or the authorization to use it. Also provide a copy of any easements necessary for the proposed facilities.
G.
Payment of fees necessary to complete the processing of an application. If the City requires the assistance of outside services to process an application, the applicant shall reimburse the City for the actual cost of said services.
H.
Any other information deemed necessary by the Community Development Director in order to complete or clarify the application.
§ 6.88.050 General requirements.
All antennas and telecommunication facilities shall be subject to the following requirements, except permitted uses as noted in Section 6.88.030(A) of this chapter:
A.
Telecommunication facilities which are designed to blend with the natural and man-made environments shall be allowed to locate on exposed ridgelines; in a floodway, park or open space area shown in the Walnut General Plan; in or at a location readily visible from the public trail, public park or other outdoor recreation area.
1.
Facilities which are designed to blend with the natural environment shall include, but are not limited to, trees (i.e., pine trees, palm trees, cypress trees) or other natural features. Structures designed to blend with the natural environment shall be of high quality and visibility of exposed equipment (i.e., antennas) shall be minimized to the extent possible.
2.
Facilities which are designed to blend with the man-made environments shall include, but are not limited to, ball-field light poles, flag poles or architectural enhancements to existing structures. Structures designed to blend with man-made environments shall be of high quality and visibility of exposed equipment (i.e., antennas) shall be minimized to the extent possible.
B.
No part of any above ground antenna or telecommunication facility shall be located within the required front or side yard setback on a residential lot.
C.
All ground mounted antennas and telecommunication facilities and their supporting structures, except dish antennas, shall be permanently installed in accordance with the Building Code.
D.
All dish antennas shall be supported on a stable supporting base approved by the building official.
E.
In cases where a facility is proposed on City property, just compensation shall be negotiated by the City Manager, and subject to the approval of the City Council, on a case-by-case basis pursuant to Section 6.88.140.
F.
Roof-mounted antennas requiring support poles greater than 10 feet in height shall be prohibited on residential uses. Common skeletal-type television antennas used to receive UHF and VHF frequencies shall be allowed on office or commercial buildings where such facilities are adequately screened.
G.
All antennas and related facilities shall be maintained in good condition and in compliance with all applicable local, state and federal codes, pursuant to Section 6.88.090.
H.
No modifications or additions shall be made to approved antennas, towers, support structures or facilities that are not in conformity with the original approval without prior review and approval by the City.
I.
Telecommunication facilities are preferred to be located in industrial and commercial zones. In addition, it is preferred, but not required, that these facilities be roof or wall mounted on existing structures. Applications which do not follow this preference shall include an evaluation why it cannot be done.
J.
Telecommunication facilities may be located in a low density residential zone on a property that has nonresidential improvements. The location of such facility will be conditioned to the nonresidential use and must be removed if a residential use is established on the property.
K.
The smallest quantity and size of antenna panels feasible shall be used at each facility as determined by the Community Development Director.
§ 6.88.060 Design standards.
A.
Setbacks shall be determined in each individual case with minimum setbacks to be consistent with those required by the zone.
B.
No part of any antenna, telecommunication facility, or support structure shall be located in any required (front, side or rear) setback area, unless the approving body finds that using a setback area is necessary to achieve the best design.
C.
Telecommunication towers and antennas shall not be located within 1,500 feet of a property with an existing tower or antenna, unless the proposed facility will be co-located or designed to be screened, camouflaged, or otherwise made visually unobtrusive. This shall not include receive only antennas installed for individual residents.
D.
Monopoles and alternative antenna support structures shall be located a minimum of one half mile from any other monopole or alternative support structure.
E.
All towers, antennas and associated structures shall be architecturally designed, located, screened, concealed, and/or disguised to the extent reasonably necessary to achieve compatibility with adjacent or nearby structures, neighborhoods and streetscapes. Alternative antenna support structures (e.g., manmade trees) shall be used in lieu of monopoles where there would otherwise be a substantial negative visibility impact, and it is technically feasible.
F.
All towers, antennas and associated structures shall have a matte finish to avoid reflection or glare, and be of a color and design that blends in with the surrounding background and neighborhood.
G.
Satellite dishes, other than microwave dishes, shall be of mesh construction, except where technical evidence, reasonably acceptable to the Community Development Director, show that this is infeasible.
H.
Ground level support facilities shall be no taller than one story or 17 feet, whichever is less, in height and shall be treated to look like a building or facility typically found in the area. Said facilities shall be located below grade wherever aesthetically desirable.
I.
Security fences shall not be less than six feet in height. Chain link may be used in those areas where accessory support facilities are not easily seen from the public view as determined by the Community Development Director.
J.
All satellite dishes greater than one meter in diameter and located in residential zones shall have at least 75% of the dish screened when viewed from ground level from any adjacent public rights-of-way, parks, schools, or residentially zoned properties. Such screening may include perimeter fence/wall, landscaping or a combination of thereof, and must achieve its screening effect within 60 days of installation. Specimen size plants may be required to achieve this requirement. Roof mounted installation may incorporate features of the existing roof (e.g., a parapet, the slope of a pitched roof), landscaping, or fencing which is compatible with the design and material of the existing development of the site.
K.
Backup generators shall only be used during power outages and for testing and maintenance purposes. Noise attenuation shall be included to reduce noise levels to an exterior level of a maximum 60 dBA at the property line when adjacent to a residential use and a maximum 45 dBA in other zoning areas. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
L.
All areas disturbed during the construction, other than required road or parking areas, shall be replanted as it existed prior to construction or with vegetation compatible with the vegetation in the surrounding area. Also, any existing trees or significant vegetation, on the facilities site or along the affected access area that die during or within six months after construction shall be replaced or planted with native trees and vegetation of a comparable size and species to the satisfaction of the Community Development Director, unless the Director is submitted reasonable proof that the vegetation did not die as a result of development.
M.
All telecommunication facilities shall be unlit except for: (1) a manually operated motion sensor light above the equipment shed door which shall be kept off unless a person is actually present; (2) the minimum identification tower lighting that is required under FAA regulations; or (3) such lighting as is necessary for safety and security. Where lighting is required, it shall be shielded or directed away from adjacent properties.
N.
Building and roof mounted antennas shall be mounted on the parapet, penthouse wall, or building façade unless the antennas are designed to reduce negative visual impacts to adjacent properties and/or public rights-of-way. Building mounted antennas shall be painted or otherwise architecturally integrated to match the existing building.
O.
Telecommunication towers and antennas shall not be located within 1,500 feet of any school (nursery, elementary, junior high, and high school), trail, park or outdoor recreation area, sporting venues, and residential zones.
§ 6.88.070 Minor exception.
The design standards listed in Section 6.88.060 may be modified by not more than 20% by the Community Development Director if at least one of the following findings is made based on evidence submitted by the applicant if necessary or required based upon the following criteria:
A.
Existing natural geographic conditions preclude an obstruction-free reception window and there is no other option available.
B.
Relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility.
C.
The antenna height must be increased in order to accommodate the establishment of a collocated facility and there is no other option available.
D.
Visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment.
§ 6.88.080 Findings.
No permits shall be issued for the uses listed in subsection 6.88.030(A), (B) or (C) of this chapter unless the project is found to meet the criteria outlined in this section. The applicant shall set forth in detail, on forms provided by the Community Development Department, the manner in which the antenna or telecommunication facility:
A.
Complies with goals and objectives of the adopted general plan.
B.
Is not detrimental to existing uses, or uses specifically permitted in the zone which the proposed use is to be located.
C.
Has been located on a site that is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls or fences, landscaping and other required features.
D.
The proposed site is the best alternative after considering co-location with another facility and location at another site.
E.
Has been located and designed so as to minimize the visual impact on surrounding properties and from public streets. They should be screened through the use of architectural features and/or landscaping that harmonize with the elements and characteristics of the property.
§ 6.88.090 Maintenance.
The owner of any facility regulated by this chapter shall properly maintain its exterior appearance, and shall be responsible for the ultimate removal, of the facility in compliance with the provisions of this chapter and any conditions of approval.
§ 6.88.100 Leasing.
A.
Telecommunication facilities shall not be located on public property owned, leased, or otherwise controlled by the City, unless the applicant has first obtained a license or lease allowing it. The types of facilities that require such a lease includes, but is not limited to:
B.
The lease or license required for telecommunication facilities on City property shall not apply to facilities in the public right-of-way belonging to telephone corporations and use for the purpose of providing telephone service.
§ 6.88.110 Security fund or bond.
A.
Each permittee shall establish a permanent security fund for all facilities located within the City by providing one deposit in the amount of $50,000.00 with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained at the sole expense of the permittee so long as any of the permittee’s cable or telecommunications facilities are located within the City. This fund shall serve as security for the full and complete performance of this chapter, including any costs, expenses, damages, or loss the City pays or incurs, including civil penalties, because of any failure attributable to the permittee to comply with the codes, ordinances, rules, regulations or permits of the City. Before any sums are withdrawn from the security fund, the City shall give written notice to the permittee: (1) describing the act, default or failure to be remedied, or the damages, cost or expenses which the City has incurred by reason of the permittee’s act or default; (2) providing a reasonable opportunity for the permittee to first remedy the existing or ongoing default or failure, if applicable; (3) providing a reasonable opportunity for the permittee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; or (4) that the permittee will be given an opportunity to review the act, default or failure described in the notice with the City Manager or their designee.
B.
Subsection A of this section shall not apply to wireless telecommunications facilities. Permittees for wireless facilities shall instead provide a performance bond or such other surety as approved by the Community Development Director sufficient to cover the cost of removal of the wireless telecommunication facility.
§ 6.88.120 Additional permits.
The applicant shall be responsible to obtain any and all additional necessary permits including, but not necessarily limited to, street permits for work completed within the public right-of-way, building permits, electrical permits, etc. All costs of said permits shall be the sole responsibility of the applicant. In addition, all work shall be in accordance with City standards for methods of construction in public rights-of-way.
§ 6.88.130 Construction in rights-of-way.
A.
Restoration of Streets. Whenever a provider disturbs the surface of any public highway, ground, street, or alley for installation of telecommunication type facilities, said provider shall restore the same to its original condition to the satisfaction of the City Engineer. When a provider makes any opening in any hard surface pavement (e.g., street, alley or public highway), said provider shall promptly refill the opening and restore the pavement. The work hereby required shall be done in strict compliance with the rules, regulations and ordinances of the City as now or hereafter provided.
B.
Inspections. In cases of neglect of the provider, the City may refill and repave the area. All costs incurred by the City, including the cost of inspection and supervision, shall be paid by the provider within 10 days of demand.
C.
Traffic Plan. The provider shall submit traffic plans for all excavations made by the provider in a street, alley or public highway in order to properly safeguard the area for the prevention of accidents. Traffic plans shall be approved by the City Engineer prior to beginning any construction.
D.
Construction and Completion Surety. Before any permit, license, or lease is granted pursuant to this chapter is effective, and is necessary thereafter, the permittee shall provide and deposit such monies, letters of credit, or other instruments in form and substance acceptable to the City an amount equal to at least 100% of the estimated cost of constructing the permittee’s facilities within the public rights-of-way in, or on property owned by, the City.
E.
Maximum Number of Street Permits. Facilities that require construction within the public rights-of-way shall be coordinated in order to reduce the frequency that an area is disturbed and to coordinate with any City street improvement projects. Issuance of all street permits shall be coordinated by City Engineer. The City Engineer may delay issuance of a street permit for up to 90 days in order to properly coordinate construction activities.
§ 6.88.140 Fair and reasonable compensation.
A.
Compensation Requirements. Any telecommunications or video provider, unless an exemption is granted pursuant to subsection C of this section, utilizing the City’s rights-of-way shall pay the City during the term of operation as compensation for use of City public ways, public places, rights-of-way and easements, and other facilities, an amount equal to five percent of grantee’s annual gross revenues within the City of Walnut, unless a higher rate is allowed by federal law, in which case the provider shall increase the fee to the maximum amount allowed by federal law if so requested in writing by the City. The provider shall pay said compensation within 30 days after the close of each calendar quarter.
B.
Records. The provider shall file with the Finance Director, within 30 days after the close of the quarter, a complete financial report itemizing all sources of revenue and showing mathematical calculations used to determine the amount owed the City. The City shall have the right to inspect and audit the provider’s fiscal records. If any independent audit of the records directed by the City show an error in excess of two percent in the City’s favor, the provider shall assume all reasonable costs for said audit. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further additional sums payable under this section or for the performance of any other obligation hereunder. Access to the aforementioned records shall not be denied by the provider on the basis that said records contain "proprietary" information. Nothing contained in this section shall be construed to limit the right of the provider to make payments or provide other types of assistance in support of the use of educational and governmental channels for the City. However, in no event shall any payment for staff support for educational and City government channels be considered in the calculation of compensation payable to the City.
C.
Exemption. Any provider claiming an exemption from the fee provided by this section shall specifically claim such exemption in their original application. Any claim of exemption shall specifically state the factual and legal basis for the claim of exemption. Each claim of exemption shall be reviewed by the City Manager in consultation with the City Attorney. Within 30 days from receiving a complete application, the City Manager shall make a written determination whether to allow the claim of exemption. The determination of the City Manager may be appealed to the City Council. Said appeal shall be made in writing and delivered to the City Clerk within 15 days of the date of determination. Except as otherwise provided in this section, appeals shall be processed in accordance with Section 6.80.170. The decision of the City Council shall be final.
D.
For purposes of this section, distribution of any service over the system or the provision of any service related activity in connection with the system:
1.
Gross annual revenue shall also specifically include:
a.
The revenue of any person, including, without limitation, a supplier of programming to company to the extent that said revenue is also included in gross annual revenue of company; and
b.
Any revenue received reasonably determined from time to time by the City, through any means which is intended to have the effect of avoiding the payment of compensation that would otherwise be paid to the City for the compensation granted herein. Gross annual revenue shall also include all advertising revenue which is received directly or indirectly by company, any affiliated person, or any other person from or in connection with the distribution of any service over the system or the provision of any service related activity in connection with the system.
2.
Gross annual revenue shall not include:
a.
The revenue of any person, including, without limitation, a supplier of programming to company to the extent that said revenue is also included in gross annual revenue of company;
b.
The revenue of company or any other person which is received directly from the sale of any merchandise through any service distributed over the system (other than that portion of such revenue which represents or can be attributed to a subscriber fee or a payment for the use of the system for the sale of such merchandise, which portion shall be included in gross annual revenue);
c.
Taxes and regulatory surcharges imposed by law on subscribers which company is obligated to collect;
d.
Any investment income earned by company;
e.
The revenue of any affiliated person which represents standard and reasonable amounts paid by company to said affiliated person for ordinary and necessary business expenses of company, including, without limitation, professional service fees and insurance subscription fees and advertising receipts, received by company or any affiliated person in connection with the sale to subscribers of any cable programming guide, provided that company or an affiliated person provides to all subscribers, without charge, a written program guide or other information, on at least a monthly basis, listing all services and specific programs then being distributed over the system including, without limitation, the programs and services currently being carried on all access channels, if made available by the City and any cable usage corporation, as applicable, within the same time schedule used by company for its own programming;
f.
Advertising commissions deducted by advertising agencies before advertising revenues are paid over to company; and
g.
To the extent consistent with generally accepted accounting principles, consistently applied, bad debt write-offs.
§ 6.88.150 Open video system (OVS).
Open video system operators shall negotiate public, educational and governmental (PEG) access requirements acceptable to the City or to match the City’s existing cable television PEG access requirements in terms of channel dedication, equipment, facilities and monetary contributions pursuant to Section 76.1505 of the Federal Communications Commission Regulations and as amended.
§ 6.88.160 Business license required.
All cable operators, telecommunications carriers, and telecommunications providers that offer or provide any cable service or telecommunications service for a fee directly to the public, either within the City, or outside the corporate limits from cable or telecommunications facilities within the City, shall apply for and obtain a business license with the City, unless an exemption is granted pursuant to this section. Each application for a business license under this section shall submit the following information:
A.
The identity and legal status of the applicant, including any affiliates;
B.
The name, address, telephone number, and title of the officer, agent, or employee responsible for the accuracy of the business license application statement;
C.
A description of the applicant’s existing or proposed facilities within the City;
D.
A description of the service that the applicant does or intends to offer or provide persons, firms, businesses, or institutions within the City;
E.
Information sufficient to determine whether the applicant is subject to the public way permitting and/or franchising requirements imposed by this chapter;
F.
Information sufficient to determine whether the transmission, origination, or receipt of the services provided or to be provided by the applicant constitutes an occupation or privilege subject to any other tax imposed by the City;
G.
Information sufficient to determine that the applicant has applied for and received any certificate of authority required by any federal or state agency to provide telecommunications services or facilities within the City;
H.
Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the FCC to provide services or construct facilities within the City; and
I.
An application fee which shall be set by the City Council by resolution. Any provider claiming an exemption from the fee provided by this section shall specifically claim such exemption in their original application. Any claim of exemption shall specifically state the factual and legal basis for the claim of exemption. Each claim of exemption shall be reviewed by the City Manager in consultation with the City Attorney. Within 30 days from receiving a complete application, the City Manager shall make a written determination whether to allow the claim of exemption. The determination of the City Manager may be appealed to the City Council. Said appeal shall be made in writing and delivered to the City Clerk within 15 days of the date of determination. Except as otherwise provided in this section, appeals shall be processed in accordance with Section 6.80.170. The decision of the City Council shall be final.
§ 6.88.170 Life of permits.
Each permit issued, except permitted uses pursuant to Section 6.88.030(A), shall be issued for a period of 10 years. The Planning Commission shall review each permit every five years from the date of approval. This review is to insure that the antenna is still in operation, that the installation has been properly maintained, to determine if new technology exists to upgrade the facility to reduce any impacts like aesthetics, and to determine if the project conditions have been met and whether they are to remain the same or need to be modified. The applicant shall be responsible to file an extension request at least 30 days prior to the expiration date. The City may add conditions found necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that any condition shall comply with applicable FCC and PUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If an entitlement is not renewed, the City shall give the applicant written notice thereof together with the rationale on which the City’s decision was made. Any applicant that is dissatisfied with a decision to renew or not to renew their permit may appeal the decision to the City Council within 15 days of receiving notice of such decision. The appeal shall be filed with the City Clerk. The appeal shall be in writing, and state specifically the grounds for the appeal. Except as otherwise provided in this section, appeals shall be processed in accordance with Section 6.80.170. The decision of the City Council shall be final. A permit or entitlement for use shall expire either 10 years after it is issued, if not renewed, or upon cessation of uses for more than 180 days, whichever occurs first. If a permit or entitlement for use expires, all improvements installed shall be removed from the property and the site returned to its original condition within 90 days from the date of expiration, all to the satisfaction of the Community Development Director.
§ 6.88.180 Public notice.
In all cases where an antenna or communication facility is presented to the Planning Commission or City Council, notification to property owners within 500 feet of the property shall be conducted 10 days prior.