HomeMy WebLinkAbout2002-24 - Adding Chapter 15.70 to the Newport Beach Municipal Code Pertaining to Wireless Telecommunications FacilitiesORDINANCE NO. 2002 -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
15.70 TO THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO WIRELESS TELECOMMUNICATION
FACILITIES
The City Council of the City of Newport Beach finds that:
A. The regulations and design standards set out in this chapter are necessary to
protect public health, safety, welfare, and aesthetic interests, and that the
enforcement thereof will not result in the imposition of excessive costs on
operators and users of wireless telecom services. The City Council finds, further,
that these regulations and design standards neither materially limit a person's
ability to receive wireless telecommunication services nor create unfair
competition among wireless telecom service providers.
B. Section 704 of the 1996 Telecommunications Act (47 U.S.C. §332(c)) preempts
local regulation of the placement, construction, and modification of wireless
telecom facilities on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the applicable FCC
regulations.
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY
ORDAINS as follows:
SECTION 1: Chapter 15.70 is hereby added to the Newport Beach Municipal Code read
as follows:
Chapter 15.70
WIRELESS TELECOMMUNICATION FACILITIES
Sections:
15.70.010
Purpose and Intent
15.70.020
General Provisions
15.70.030
Definitions
15.70.040
Available Technology
15.70.050
Height and Location
15.70.060
Design Standards
15.70.070
Permit Review Procedures
15.70.080 Radiation Report
15.70.090 Right to Review or Revoke Permit
15.70.100 Removal of Telecom Facilities
15.70.110 Violation a Misdemeanor
15.70.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide for wireless
telecommunication ("telecom ") facilities on public and private property consistent
with federal law while ensuring public safety, reducing the visual effects of
telecom equipment on public streetscapes, protecting scenic, ocean and coastal
views, and otherwise mitigating the impacts of such facilities. More specifically,
the regulations contained herein are intended to:
1. Encourage the location of antennas in non - residential areas.
2. Strongly encourage co- location at new and existing antenna sites.
3. Encourage telecom facilities to be located in areas where adverse impacts
on the community and on public views are minimized.
B. The provisions of this Chapter are not intended and shall not be interpreted to
prohibit or to have the effect of prohibiting telecom services. This Chapter shall
not be applied in such a manner as to unreasonably discriminate among
providers of functionally equivalent telecom services.
15.70.020 General Provisions
A. Applicability. These regulations are applicable to telecom facilities providing voice
and /or data transmission such as, but not limited to, cell phone and radio relay
stations.
B. Exempt Facilities. Amateur radio and receiving satellite dish antennas regulated
by Chapter 20.61 are exempt from the provisions of this Chapter.
C. Permit Required. A permit shall be required for all telecom facilities regulated by
this Chapter in accordance with Section 15.70.070.
D. Other Regulations. All telecom facilities within the City shall comply with the
provisions of this Chapter and the following requirements:
1. Conditions in any permit or license issued by a local, state, or federal
agency which has jurisdiction over the telecom facility.
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2. Rules, regulations, and standards of the Federal Communications
Commission (FCC) and the California Public Utilities Commission (CPUC).
3. Easements, covenants, conditions, or restrictions on the underlying real
property.
4. The Uniform Building Code, Uniform Fire Code, Uniform Mechanical
Code, and National Electrical Code, as amended by state or local law or
regulation.
5. The provisions of Title 13 to the extent the telecom facilities are proposed
to be located on or within the public right of way.
E. Regulations not in Conflict or Preempted. All telecom facilities within the City
shall comply with the following requirements unless in conflict with or preempted
by the provisions of this Chapter:
1. Design guidelines or standards in any applicable specific plan within the
Newport Beach Zoning Code (Title 20).
2. Requirements established by any other provision of the Municipal Code or
by any other ordinance or regulation of the City, other than those listed in
Paragraph D of this Section.
F. Setbacks. Setbacks shall be measured from the part of the telecom facility
closest to the applicable lot line or structure.
G. Maintenance. The telecom operator shall maintain the telecom facility in a
manner consistent with the original approval of the facility.
H. Non - Conformities. A proposed telecom facility shall not create any new or
increased non - conformities as defined in the Zoning Code, such as, but not
limited to, a reduction in and /or elimination of, parking, landscaping, or loading
zones.
15.70.030 Definitions
For the purposes of this Chapter, certain terms shall have meanings as follows:
A. Antenna means a device used to transmit and /or receive radio or
electromagnetic waves between earth- and /or satellite -based systems, such as
reflecting discs, panels, microwave dishes, whip antennas, antennas, arrays, or
other similar devices.
B. Antenna Array shall mean antennas having active elements extending in more
than one direction, and directional antennas mounted upon and rotated through a
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vertical mast or tower interconnecting the beam and antenna support, all of which
elements are deemed to be part of the antenna.
C. City means the City of Newport Beach.
D. City Council or Council means the City Council of the City of Newport Beach.
E. City Property means all real property and improvements owned, operated or
controlled by City, other than public right of way, within the City's jurisdiction.
City Property includes, but is not limited to City Hall, Police and Fire facilities,
recreational facilities, parks, libraries, streetlights and traffic lights.
F. Co- location means an arrangement whereby multiple telecom facilities owned or
operated by different telecom operators share the same structure or site.
G. Department Director or Reviewing Department Director means either the
Planning Director or the Public Works Director, as applicable.
H. FCC means the Federal Communications Commission.
Feasible means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal, and
technological factors.
J. Lattice Tower means an open framework structure used to support antennas,
typically with three or four support legs.
K. Monopole means a single free - standing pole used to act as or support a telecom
antenna or antenna arrays.
L. Operator or Telecom Operator means any person, firm, corporation, company, or
other entity that directly or indirectly owns, leases, runs, manages, or otherwise
controls a telecom facility or facilities within the City.
M. Planning Director means the Planning Director of the City or his or her designee.
N. Public Right of Way or ( "PROW ") means any public way, or rights -of -way, now
laid out or dedicated, and the space on, above or below it, and all extensions
thereof and additions thereto, owned, operated and /or controlled by the City or
subject to an easement owned by City. PROW includes public streets, roads,
lanes, alleys, sidewalks, medians, parkways and landscaped lots.
O. Public Works Director means the Public Works Director of the City or his or her
designee.
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P. Residential Lot means a lot containing, or zoned for, one or more dwelling units
in the R -1, R -1.5, R -2, or in the residential portions of the PC or SP Districts.
Q. Reviewing Authority means the person or body authorized under the provisions
of this Chapter to review and act upon a telecom application, i.e. either a
specified staff department director or the City Council.
R. Stealth or Stealth Facility means a telecom facility in which the antenna, and
sometimes the support equipment, are hidden from view in a false tree,
monument, cupola, or other concealing structure which either mimics, or which
also serves as, a natural or architectural feature. Concealing structures which are
obviously not such a natural or architectural feature to the average observer do
not qualify within this definition.
S. Support Equipment means the physical, electrical and /or electronic equipment
included within a telecom facility used to house, power, and /or process signals
from or to the facility's antenna or antennas.
T. Telecommunication(s) Facility, Telecom Facility, Wireless Telecommunications
Facility, or simply Facility means an installation that sends and /or receives
wireless radio frequency signals or electromagnetic waves, including but not
limited to directional, omnidirectional and parabolic antennas, structures or
towers to support receiving and /or transmitting devices, supporting equipment
and structures, and the land or structure on which they are all situated. The term
does not include mobile transmitting devices, such as vehicle or hand held
radios /telephones and their associated transmitting antennas.
U. Title 20 or Zoning Code means Title 20 of the Newport Beach Municipal Code.
V. Utility Tower shall mean an open framework structure or steel pole used to
support electric transmission facilities.
W. Zoning District or District means an area of the City designated on the official
Districting Maps and subject to a uniform set of permitted land uses and
development standards.
15.70.040 Available Technology
All telecom facilities approved under this Chapter shall utilize the most efficient and
diminutive available technology in order to minimize the number of facilities and reduce
their visual impact.
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15.70.050 Height and Location
A. Height.
1. Maximum Height. No antenna or other telecom equipment or screening
structure shall extend higher than the following maximum height limits:
a. 35 feet for antennas on streetlights, traffic control standards, utility
distribution poles, or other similar structures within the public right -
of -way. Antennas may be placed on existing utility poles that
exceed 35 feet, where the purpose of the existing utility pole is to
carry electricity, provided that the top of the antenna does not
exceed the top of the pole.
b. For all other telecom facilities, the maximum height of antennas
shall be the upper maximum building height allowed in the zoning
district as specified in the Zoning Code (for example, no higher than
35 feet in the "26/35 Foot Height Limitation Zone ").
2. Over- Height Antennas. The City Council may approve antennas up to 15
feet above the preceding maximum building height limitations under the
special review provisions of Section 15.70.070 of this Chapter.
3. "Stealth" Telecommunication Installations within Structures. Stealth
facilities may be installed within structures that are permitted to exceed the
above stated height limits, either by right under Title 20 or which have
received a Use Permit.
B. Location.
1. Location Categories and Location Priorities. Locations for telecom facilities
shall be selected according to the following priority order:
a. Wall, roof, or existing co- location structure or site;
b. Existing pole, light standard, or utility tower;
C. Commercial sign or architectural feature;
d. New or existing "stealth" structure other than a false tree;
e. New false tree;
f. New "Slim Jim" monopole (i.e. with no antenna elements other than
the pole itself);
g. New standard monopole with attached antenna elements;
h. New lattice tower.
2. Special Requirements. Proposals for telecom facilities at location
categories "e" through "h" in Section 15.070.050B(1) shall require special
review by the City Council under the provisions of Section 15.70.070 of
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this Chapter. In such cases, the applicant shall be required to show to the
satisfaction of the Council that:
a. Higher priority locations are either not available or are not feasible;
b. Establishment of a facility on a new standard monopole or lattice
tower is necessary to provide service; and
C. Lack of such a facility would result in a denial of service.
3. Other Locations Reauirina Special Approval. Telecom facilities are
prohibited in the following locations unless given special approval by the
City Council under the provisions of Section 15.70.070:
a. On common area lots or other non - residential lots within residential
districts.
b. Within any required setback established in the Zoning Code.
C. On multifamily structures on lots zoned MFR.
4. Prohibited Locations. Telecom facilities are prohibited in the following
locations:
a. On residential lots.
b. In the Open Space- Passive (OSP) zoning district, unless facilities
are co- located on an existing utility tower within a utility easement
area.
C. Co- Location Requirements.
1. Co- Location Required. To limit the adverse visual effects of a proliferation
of telecom sites in the City, a new telecom facility proposed within 1000
feet of an existing facility shall be required to co- locate on the same site as
the existing facility unless the reviewing authority determines, based on
evidence submitted by the applicant, that such co- location is not feasible.
2. Co- Location Limitations. No more than three telecom facilities may co-
locate at a single site unless the reviewing authority finds that:
a. The net visual effect of locating an additional facility at a co- location
site will be less than establishing a new location; or
b. Based on evidence submitted by the applicant, there is no available
feasible alternate location for a proposed new facility.
3. Condition Reauirina Future Co- Location. In approving a telecom facility,
the reviewing authority may impose a condition of approval allowing future
co- location of telecom facilities by other carriers at the same site.
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15.70.060 Design Standards
A. General Criteria. In addition to the other design standards of this Section, the
following criteria shall be considered by the reviewing authority in connection with
its processing of any telecom permit.
1. Blending. The extent to which the proposed facility blends into the
surrounding environment or is architecturally integrated into structure.
2. Screening. The extent to which the proposed facility is concealed,
screened or camouflaged by existing or proposed new topography,
vegetation, buildings, or other structures.
3. Size. The total size of the proposed facility, particularly in relation to
surrounding and supporting structures.
B. Free - Standing Antennas. Antennas and any poles or other structures erected to
support antennas shall be visually compatible with surrounding buildings and
vegetation. The reviewing authority may require that the antenna be colored to
blend into the sky or other background.
C. Roof - Mounted Antennas. Roof - mounted antennas, except whip antennas, shall
be blended or screened from public view in a manner consistent with the
building's architectural style, color and materials including, if determined
necessary by the reviewing authority, screening to avoid adverse impacts to
views from land or buildings at higher elevations.
D. Wall- Mounted Antennas. Wall- mounted antennas shall be painted to match the
color of the wall on which they are mounted. Cables and mounting brackets shall
be hidden. Shrouds may be required by the reviewing authority to screen wall -
mounted antennas.
E. Support Equipment.
1. Building- Mounted Installations. For building- mounted installations, support
equipment for the facility shall be placed within the building. If the
reviewing authority determines that such building placement is not
feasible, the equipment shall be roof - mounted in an enclosure or shall
otherwise be screened from public view in a manner approved by the
reviewing authority. Roof - mounted equipment shall comply with the height
limits applicable to the building per the Zoning Code. All screening used in
connection with a building- mounted facility shall be compatible with the
architecture, color, texture and materials of the building to which it is
mounted.
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2. Ground - Mounted Installations. For ground- mounted installations, support
equipment shall be screened in a security enclosure approved by the
reviewing authority. Such screening enclosures may utilize graffiti -
resistant and climb- resistant vinyl -clad chain link with a "closed- mesh"
design (i.e. one -inch gaps) or may consist of an alternate enclosure
design approved by the reviewing authority. In general, the screening
enclosure shall be made of non - reflective material and painted or
camouflaged to blend with surrounding materials and colors. Buffer
landscaping may also be required if the reviewing authority determines
that additional screening is necessary due to the location of the site and
that irrigation water is available.
3. Installations in Public Right -of -Way. Telecom Facilities and or support
equipment proposed to be located in the public right -of -way shall comply
with the provisions of Title 13. In addition, ground- mounted equipment in
the public right -of -way shall comply with all requirements of the Americans
with Disabilities Act (ADA).
F. Night Lighting. Telecom facilities shall not be lighted except for security lighting at
the lowest intensity necessary for that purpose. Such lighting shall be shielded so
that direct rays do not shine on nearby properties. The reviewing authority shall
consult with the Police Department regarding proposed security lighting for
telecom facilities on a case -by -case basis.
G. Signs and Advertising. No advertising signage or identifying logos shall be
displayed on any telecom facility except for small identification, address, warning,
and similar information plates. Such information plates shall be identified in the
telecom application and shall be subject to approval by the reviewing authority.
15.70.070 Permit Review Procedures
A. Reviewing Authority. All applicants for telecom facilities not within the public right -
of -way shall apply for a permit from the Planning Department as follows:
1. Private or City -Owned Propert y. Facilities on private property or on City -
owned property shall be reviewed by the Planning Director as a "Telecom
Permit".
2. Referral to City Council. The Planning Director may refer any application
to the City Council for special review under the procedures set out in
Paragraph F of this Section.
B. Submission Requirements. Applications for telecom facilities shall be
accompanied by the following documentation in a form and containing
information acceptable to the reviewing authority:
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1. Plans. Site Plans and Elevations drawn to scale.
2. Justification. A brief narrative, accompanied by written documentation
where appropriate, which explains the purpose of the facility and validates
the applicant's efforts to comply with the design, location, and co- location
standards of this Chapter.
3. Maps. A map or maps showing the geographic area to be served by the
facility. In order to facilitate planning and gauge the need for future
telecom facilities, the reviewing department director may also require the
operator to submit a comprehensive plan of the operator's existing and
future facilities that are or may be placed within the city limits of Newport
Beach..
4. Visual Simulations. Visual simulations showing "before" and "after' views
of the proposed facility, unless the reviewing department director
determines that such simulations are not necessary for the application in
question. Consideration shall be given to views from both public areas and
private residences.
5. Emission Standards and Non - Interference Data. Documentation showing
the specific frequency range that the facility will use upon and throughout
activation, certification that the facility will continuously comply with FCC
emissions standards, and that use of the telecom facility will not interfere
with other communication, radio, or television transmission or reception.
6. Property Ownership. Evidence of ownership of the real property on which
the proposed telecom facility will be located, or if the applicant does not
own the real property, the name and mailing address of the real property
owner(s), and evidence of authorization from the real property owner to
place the facility on the property.
7. Wind Load Calculations. For proposed antenna installations on new
monopoles, utility poles, or other structures subject to wind loads, the
applicant shall submit wind load calculations prepared or approved by an
engineer registered in California. The wind load calculations shall show,
to the satisfaction of the reviewing authority, that the resulting installation
will be safe and secure under wind load conditions. The calculations shall
take into account other existing attachments to the supporting structure
and potential future antennas co- located on the structure by other
operators.
8. Mailing List. If public notice is required by the reviewing authority, a list of
property owners within 300 feet of the proposed telecom facility taken from
the latest assessor rolls.
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9. Supporting Materials. Additional supporting materials as deemed
necessary by the reviewing department director to complete review of the
proposal. Supporting materials may include, but are not limited to, color
and material sample boards, proposed informational signage, and
landscaping plans.
10. Fee. Applications shall be accompanied by a fee established by resolution
of the City Council to defray all estimated costs and expenses incidental to
review and processing of the application, including any expense incurred
by the Police Department or for any outside technical or legal services to
review the application. This fee shall be in addition to other fees required
by the Municipal Code.
C. Review Process for Proposals on City Propert y. Review of telecom applications
for facilities on City property shall be as follows:
1. Filing. Applications shall be submitted to the Planning Director for facilities
on City property shall undergo initial staff review for compliance with the
provisions of this Chapter and Title 13. Within 30 days of filing, the
reviewing department director shall notify the applicant in writing whether
the application is complete. If an application is determined to be not
complete, the notification shall identify those parts of the application which
are incomplete and shall indicate the manner in which they can be made
complete.
2. Emergency Communications Review. At the same time as the Applicant
submits an application to the Planning Director, the Applicant shall submit
the Plans, Map, and Emission Standards and Non - Interference Data
(parts 1, 3, and 5 of the Submission Requirements) to the Newport Beach
Police Department. The Police Department or its designee shall review
the plan's potential conflict with emergency communications. The review
may include a pre - installation test of the facility to determine if any
interference exists. If the Police Department determines that the proposal
has a high probability that its facilities will interfere with emergency
communications devices, the applicant shall be given the opportunity to
modify the proposal, to avoid interference. If the proposal is not modified,
the reviewing department director shall deny the proposal.
3. Director's Action. Within 30 days of the determination that the application
is complete, the Planning Director shall take action on the application
based on the following criteria:
a. If the director determines that the facility conforms to the
technology height, location and design standards of Sections
15.70.040, 15.70.050 and 15.70.060 of this Chapter, he or she shall
approve the application with or without conditions of approval.
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b. If the director determines that the facility does not conform to one or
more standards, he or she shall inform the applicant of the
discrepancy and give the applicant the option of amending the
application to eliminate the discrepancy. If the discrepancy is not
eliminated, the director shall deny the application.
C. If the director determines that conformity to standards are in doubt,
he or she shall refer the application to the City Council for Special
Review under the procedures set out in Paragraph F of this
Section.
4. Applicant Notification. After action on the application, the director shall
cause the applicant to be notified in writing within five business days of the
decision. The applicant may appeal decisions by the director in
accordance with Paragraph E of this Section.
5. City Manager Action. When a permit for a telecom facility on City -owned
property or facilities is approved, the Planning Director shall forward the
permit to the City Manager, who shall prepare and execute an Agreement
based upon a term and rental amount adopted under City Council policy.
6. City Council Action. Where applicable (including proposals to site facilities
in Location Categories in Section 15.70.050[B][1][e -h]), the City Manager
shall forward the agreement and final telecom permit to the City Council
for final approval. The City Council may approve, approve subject to
modifications, or deny the agreement and telecom permit. The City
Council retains the right to refuse approval of an agreement at any time
and for any reason. Should the City Council deny the agreement, the
agreement and permit shall not be executed.
7. Notification to Applicant. The City Clerk shall notify the applicant in writing
within five business days of the City Council's decision.
D. Review Process for Private Propert y. Review of telecom applications for facilities
on private property shall be as follows:
1. Filing. Submission of application to the Planning Director and initial staff
review. Within 30 days of filing, the Director shall cause the applicant to be
notified in writing whether the application is complete. If an application is
determined to be not complete, the notification shall identify those parts of
the application which are incomplete and shall indicate the manner in
which they can be made complete.
2. Emergency Communications Review. At the same time as the Applicant
submits an application to the Planning Director, the Applicant shall submit
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the Plans, Map, and Emission Standards and Non - Interference Data
(parts 1, 3, and 5 of the Submission Requirements) to the Newport Beach
Police Department. The Police Department or its designee shall review
the plan's potential conflict with emergency communications. The review
may include a pre - installation test of the facility to determine if any
interference exists. If the Police Department determines that the proposal
has a high probability that its facilities will interfere with emergency
communications devices, the applicant shall work with the Police
Department to modify the installation or location of facility to avoid
interference to the maximum extent practicable.
3. Director's Action. Within 30 days after the determination that the
application is complete, the Planning Director shall approve, approve
subject to conditions, or deny the telecom permit under the same
procedures and criteria as set out in Paragraph C of this Section. The
Director shall then cause the applicant to be notified in writing within five
business days of the decision. The applicant may appeal decisions by the
Director in accordance with Paragraph E of this Section.
E. Appeals to City Council. Within 14 days of the date of written notification of action
by the reviewing department director, the applicant may appeal any denial of the
application or any conditions of approval to the City Council. The City Council
shall hear all appeals within 60 days of filing of the appeal. The City Council's
action on appeals shall be final. If the final action is denial, the City Council shall
adopt a Resolution setting forth the reasons for denial.
F. Special Review by Council. Because of their potential for greater- than -usual
visual or other impacts on nearby property owners, residents, and businesses,
applications for the telecom facilities identified below shall require special review
by the City Council.
1. Applicability. Proposals requiring special review include the following:
a. Telecom antennas up to 15 feet above the upper maximum height
limit as provided in 15.70.050(A).
b. Telecom facilities at locations identified as requiring special review
in Section 15.70.050(B).
C. Any telecom application which the department director determines
requires special review in order to serve the public interest.
2. Special Review Procedures. Applications subject to special review shall
be reviewed under the following procedures:
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a. Notification describing the proposal and the date and time of City
Council review shall be mailed at least 10 days in advance of the
City Council review date to property owners of record within 300
feet of the proposed location of the telecom facility. However, such
notification shall not constitute a public hearing notice and non -
receipt of such notification shall in no way nullify any approval or
denial of a telecom facility.
b. No formal public hearing shall be required in conjunction with
review of a proposed telecom facility. However, the City Council
may hear and consider comments from the public during its review
of the application.
3. Council Action. The City Council shall take action on the telecom permit
within 60 days after the determination that the application is complete.
Applications subject to special review may be approved by the City
Council if it makes the following findings:
a. The approval is necessary to allow the facility to function as
intended and identified alternatives to the proposal are not feasible.
b. The approved facility will not result in conditions which are
materially detrimental to nearby property owners, residents, and
businesses, nor to public health or safety.
The City Council may approve, approve subject to conditions, or deny the
telecom permit.
4. Notification to Applicant. The City Clerk shall notify the applicant in writing
within five business days of the City Council's decision.
15.70.080 Radio Frequency Compliance and Radiation Report
Within 30 days after installation of a telecom facility, a radio frequency (RF) compliance
and radiation report prepared by a qualified RF engineer acceptable to the City shall be
submitted in order to demonstrate that the facility is operating at the approved frequency
and complies with FCC standards for radiation. If the report shows that the facility does
not so comply, the reviewing director shall require that use of the facility be suspended
until a new report has been submitted confirming such compliance.
15.70.090 Right to Review or Revoke Permit
A. Changed Circumstance. Any telecom permit approved pursuant to this Chapter
shall be granted by the City with the reservation of the right and jurisdiction to
review and modify the permit (including the conditions of approval) based on
changed circumstances. Changed circumstances include, but are not limited to,
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the following in relation to the telecom facility and its specifications in the
approved application and /or conditions of approval:
1. An increase in the height or size of any part of the facility;
2. Additional impairment of the views from surrounding properties;
3. Increase in size or change in the shape of the antenna or supporting
structure;
4. A change in the facility's color or materials;
5. A substantial change in location on the site;
6. An effective increase in signal output above the maximum permissible
exposure (MPE) limits imposed by the radio frequency emissions
guidelines of the FCC.
The operator shall notify the Reviewing Department Director of any proposal to
cause one or more of the changed circumstances shown in 1 -6 above. Any
changed circumstance shall require the operator to apply for a modification of the
original telecom permit. Before implementing any changed circumstance, the
operator must obtain a modified telecom permit and any related building or other
permits required by the City.
B. Additional Right to Revoke or Modify Permit. The reservation of right to review
any telecom permit granted by the City is in addition to, and not in lieu of, the
right of the City to review and revoke or modify any permit granted or approved
hereunder for any violations of the conditions imposed on such permit. After due
notice to the telecom operator, the City Council may revoke any telecom permit
upon finding that the facility or the operator has violated any law regulating the
telecom facility or has failed to comply with the requirements of this Chapter, the
telecom permit, any applicable agreement, or any condition of approval. Upon
such revocation, the City Council may require removal of the facility.
15.70.100 Removal of Telecom Facilities
A. Discontinued Use. Any operator who intends to abandon or discontinue use of a
telecom facility must notify the Planning Director by certified mail no less than 30
days prior to such action. The operator or owner of the affected real property
shall have 90 days from the date of abandonment or discontinuance, or a
reasonable time as may be approved by the Planning Director, within which to
complete one of the following actions:
1. Reactivate use of the telecom facility;
2. Transfer the rights to use the telecom facility to another operator and the
operator immediately commences use;
3. Remove the telecom facility and restore the site.
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B. Abandonment. Any telecom facility that is not operated for a continuous period of
180 days or whose operator did not remove the telecom facility in accordance
with Subsection A shall be deemed abandoned. Upon a finding of abandonment,
the City shall provide notice to the telecom carrier last known to use such facility
and, if applicable, the owner of the affected real property, providing thirty days
from the date of the notice within which to complete one of the following actions:
1. Reactivate use of the telecom facility;
2. Transfer the rights to use the telecom facility to another operator;
3. Remove the telecom facility and restore the site.
C. Removal by City.
1. The City may remove an abandoned facility, repair any and all damage to
the premises caused by such removal, and otherwise restore the premises
as is appropriate to be in compliance with applicable codes at any time
after 30 days following the notice of abandonment.
2. If the City removes the telecom facility, the City may, but shall not be
required to, store the removed facility or any part thereof. The owner of the
premises upon which the abandoned facility was located and all prior
operators of the facility shall be jointly liable for the entire cost of such
removal, repair, restoration and storage, and shall remit payment to the
City promptly after demand therefore is made. In addition, the City
Council, at its option, may utilize any financial security required in
conjunction with granting the telecom permit as reimbursement for such
costs. Also, in lieu of storing the removed facility, the City may convert it to
the City's use, sell it, or dispose of it in any manner deemed by the City to
be appropriate.
D. City Lien on Property. Until the cost of removal, repair, restoration and storage is
paid in full, a lien shall be placed on the abandoned personal property and any
real property on which the facility was located for the full amount of the cost of
removal, repair, restoration and storage. The City Clerk shall cause the lien to be
recorded with the Orange County Recorder.
15.70.110 Exemption for City Systems
Systems installed or operated at the direction of the City or its contractor shall be
exempt from this Chapter.
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SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one to more sections, sub-
sections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 24th day of September, 2002, and adopted on the 8th day of
October, 2002, by the following vote, to -wit:
AYES, COUNCILMEMBERS Heffernan, O'Neil,
Bromberg, Adams, Proctor, Mayor Ridgeway
NOES,COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
Glover
t , ='w
17
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2002 -24 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of October 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of October 2002.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2002 -24 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: October 12, 2002-
2002.
In witness whereof, I have hereunto subscribed my name this day of C e
City Clerk
City of Newport Beach, California