HomeMy WebLinkAboutOrd 1993ORDINANCE NO. 1993
AN ORDINANCE OF CITY COI,]NCIL OF THE CITY OF BURLINGAME REPEALING
AND REPLACING CIIAPTER 25.77 (WIRELESS COMMTJNICATIONS FACILITIES) OF
TITLE 25 OF TIIE BI]RLINGAME MUNICIPAL CODE; AND ADDING A NEW
CHAPTER 12.T1 (WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY) TO TITLE 12
OF THE BURLINGAME MI]NICIPAL CODE (CEQA DETERMINATION: EXEMPT
PURSUAI\T TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(BX3), 15302,
15303, AND 15304)
WHEREAS, pursuant to the Califomia State Constitution, the City of Burlingame ("City'')
has the authority to adopt such ordinances as it deems necessary and appropriate to assure good
govemment in the City, to protect and preserve the City's rights, property and privileges, and to
preserve peace, safety and good order; and
WHEREAS, the City currently regulates the placement of wireless facilities under Zoning
Code Chapter 25.77 of the Burlingame Municipal Code; and
WHEREAS, there have been significant changes to state and federal law since that Chapter
was last updated; and
WHER.EAS, the City Council deems it to be necessary and appropriate to update its
standards and regulations relating to the location, placement, desigr; construction and maintenance
of wireless towers, antennas and other structures within the City, and providing for the enforcernent
ofsaid standards and regulations, consistent with federal and state law limitations on that authority.
SECTION 2: Cha pter 25.17 of Title 25 of the City of Burlingame Municipal Code is
repealed in its entirety and replaced as follows:
Chapter 25.77 WIRELESS COMMUNICATIONS FACILITIES
Section25.77.0l0 Purpose.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City of
Burlingame City Council:
WEILI: The foregoing Recitals are adopted as findings of the City Council as though
set forth in fully within the body of this ordinance.
Based upon the principles of the Burlingame General Plan and the Specific Area Plans, the
purpose of this chapter is to maintain and more importantly, to facilitate modernization of
Burlingame's wireless infrastructure in a manner that improves the quality of the City's
environment, the pleasant aesthetics ofthe City's neighborhoods, the City's architectural traditions
dating to the early 20th century and the visual quality in the non-residential areas of the City. More
specifically, the purpose ofthis chapter is to regulate, as allowed by state and federal law and
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regulations, the desigr and location of wireless facilities in the City of Burlingame in a manner that
recognizes the community benefits of communications technology, which provides clear guidance
to the communications industry but also recognizes the strong need to preserve the City's aesthetic
traditions.
The objectives ofthis chapter include:
(a) Promoting wholesome, attractive, harmonious and economic use of property,
building construction, civic service, activities and operations in conformity with and preserving the
overall aesthetics of City neighborhoods.
O) Ensuring the character ofCity neighborhoods and preserving the century old
architectural traditions of Burlingame.
(c) Reducing, through the use of stealth desigrrs and concealment elements, the visual
effects of wireless facilities throughout the City on public and private property.
(d) Encouraging the installation ofwireless facilities at locations where other such
facilities already exist without aesthetically overwhelming those locations with additional facilities.
(e) Encouraging the installation of such facilities in locations to minimize potential
adverse aesthetic impacts.
(0 Creating a transparent and opan process by which City staff, citizens, and
communications providers can collaboratively achieve solutions to the placement of wireless
facilities to achieve these goals where City retains discretion regarding placements.
(g) Encouraging industry to adopt best practices in all deployments, to utilize designs to
minimize visual impacts, to share with the City future plans for deployments so that the cumulative
impacts can be planned for, understood, and mitigated.
Section25.77.020 Definitions.
For the purpose of this chapter, certain words and terms are hereby defined. Words used in
the singular number shall include the plural and the plural the singular; unless more specifically
defined, the word "building' is interchangeable with the word "structure," 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'Vireless communications
facility'' unless otherwise noted.
(a) "Antenna" shall mean any system ofwires, 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.
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(b) *Applicant" or "provider" shall mean the person or entity applying for a permit to
install wireless communications facilities.
(c) "Base Station" shall mean, as defined in 47 C.F.R. section 1.6100(b)(l ), or any
successor provision, any structue or equipment at a fixed location that enables FCClicensed or
authorized wireless communications between user equipment and a communications network. The
term does not encompass a tower as defined in this subpart or any equipment associated with a
tower.
(D The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul.
(iD The term includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless oftechnological configuration (including Distributed
Antenna Systerns and small-cell networks).
(ii| The term includes any structure other than a tower that, at the time the
relevant application is filed with the State or local government under this
section, supports or houses equipment described in paragraphs (i) and (ii) of
this definition that has been reviewed and approved under the applicable
zoning or siting process, or under another State or local regulatory review
process, even if the structure was not built for the sole or primary purpose of
providing such support.
(i") The term does not include any structure that, at the time the relevant
application is filed with the State or local govemment under this section,
does not support or house equipment described in paragraphs (i)-(ii) ofthis
section.
(d) "Collocation" shall mean the mounting or installation of transmission equipment on
a legally existing base station or tower as defined: (i) for the purposes ofany eligible facilities
request, the same as defined by the FCC in 47 C.F.R. section 1.6100(bX2), as may be amended,
which defines that term as '[t]he mounting or installation oftransmission equipment on an eligible
support structure for the purpose oftransmitting and/or receiving radio frequency signals for
communications purposes.' As an illustration and not a limitation, the FCC's definition means to
add transmission equipment to an existing facility and does not necessarily refer to two or more
different facility operators in the same location; and (ii) for all other purposes, the same as defined
in 47 C.F.R. section 1.6002(9)(l) and (2), as may be amended, which defines the term collocation
as (1) mounting or installing an antenna facility on a pre-existing structure, andlor (2) modifying a
structure for the purpose of mounting or installing an antenna facility on that structure.
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(e) "Eligible Facilities Request" shall mean any request for modification ofa legally
existing tower or base station that does not substantially change the physical dimensions ofsuch
tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision.
(i) "Owner" shall mean the person or entity that has legal ownership or control over the
tangible wireless communications facilities.
0) "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 ofwhich include but are not
limited to commercial mobile services, unlicensed wireless services, and common carrier wireless
exchange access services.
(k) "Public Rights-of-Way'' shall mean any portion ofany land dedicated, condemned
or established and improved for use as a public thoroughfare for vehicular use and owned,
maintained or managed by the City. Public Right(s)-of-Way includes public streets, roads, lanes,
and alleys (including portions used for sidewalks, medians, and parkways). For the purposes ofthis
Chapter, the Public Right(s)-of-Way includes public utility easements and does not include private
streets.
0) "Roof-mounted" shall mean any type of facility in which antennas are mounted on
the roof, parapet or similar feature ofa structure and extends past the roofline of the building.
(m) "Residential Zoning District" shall mean the R-1, R-2, R-3 and R-4 residential
zoning districts as delineated on the City of Burlingame zoning map.
(n) "Satellite dish" shall mean any device incorporating a reflective surface that is solid,
open mesh, or bar configured that is shallow dish, cone, hom, or comucopia shaped and is used to
transmit and/or receive electromagnetic sigrals. This definition is meant to include, but is not
limited to, what are commonly referred to as satellite earth stations, TVROs and satellite
microwave antennas.
(o) "Small Cell Facility'' shall have the same meaning as "small wireless facilily'' in 47
C.F.R. 1.60020), or any successor provision (which is a personal wireless services facility that
meets the following conditions that, solely for conveniance, have been set forth below):
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(0 "Major Wireless Facilities" shall mean any and all new wireless facilities or
modifications to existing wireless facilities that are not otherwise exempt fiom this Chapter and
that do not qualifu as small cell facilities, collocations, ternporary facilities or eligible facilities
requests.
(g) "Microwave antenna" shall mean a bowl-shaped antenna used to link
communication sites together by wireless transmission ofvoice or data in a specific directional
pattem.
(h) "Monopole" shall mean a free-standing pole like a slim line, flagpole, or similar
structure.
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(i) The facilities -
(A) Are mounted on structures 50 feet or less in height including their
antennas as defined in this section; or
(B) Are mounted on structures no more than 10 percent tallq than other
adjacent structures; or
(C) Do not extend existing structures on which they are located to a
height ofmore than 50 feet or by more than 10 percent, whichever is
greater.
(iD Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna), is no more than three
cubic feet in volume;
(iiD All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than 28 cubic feet in
volume;
(iv) The facilities do not require antenna structure registration under CFR Part
t7;
(v) The facilities are not located on Tribal lands, as defined under 36 CFR
800.16(x); and
(vi) The facilities do not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in 47 CFR $ 1.1307(b).
(p) Stealth facilities" shall mean facilities desigrred to look like something other than a
wireless facility.
(q) "support structure" shall mean any structure capable of supporting a base station, as
defined in 47 C.F.R. 1.6002(m) or any successor provision.
G) "Temporary facility'' shall mean any wireless communication facility intanded or
used to provide wireless services on a temporary or anergency 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 Govemment Code section 8558 requiring additional service
capabilities. 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: (1) 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; (2) for which required
notice is provided to the FAA; (3) that do not require marking or lighting under FAA regulations;
(4) that will not exceed the height limit in the applicable zone; and (5) that will either involve no
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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 (2) feet.
(s) '"Tower" shall mean, as defined in 47 C.F.R. section l.6l00OX9), or any successor
provision, any structure built for the sole or primary purpose of supporting any FCCJicensed or
authorized antennas and their associated facilities, including structures that are constructed for
personal wireless services including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul, and the associated site. This definition does not include Utility Poles.
(t) "Utility pole" shall mean any structure desigred to support electric, telephone, and
similar utility lines. A Tower is not a utility pole.
(u) "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 ofwireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base station(s).
Section25.77.030 Appticability.
This chapter shall apply to all wireless communication facilities which transmit and/or
receive electromagnetic signals in order to provide services, including, but not limited to, personal
communications services (such as mobile telephone services, intemet services, location and
monitoring services, data, e-mail, texting, streaming video and audio and paging), fixed microwave
services, and mobile data services. This chapter shall apply to the entire area within the City of
Burlingame city limits, including all zoning districts, and all public property except public rights-
of-way. This chapter 25.77 shall not be applied or interpreted, to prohibit or to have the effect of
prohibiting wireless communications services or telecommunications services, to regulate the
placement, construction or modification of wireless communications facilities on the basis of the
environmental effects ofradio frequency ("RF") emissions, provided that such facilities comply
with Federal Communications Commission C'FCC") regulations, or to unreasonably discriminate
among providers of functionally equivalent wireless communications services.
This chapter shall not apply to:
(a) Wireless communications facilities that are located completely enclosed within a
permitted structure, are incidental to a permitted use in that structure, and are not located within a
Residential Zoning District.
O) Hand-held mobile, marine, and portable radio transmitters and/or receivers which
are not affixed to land or a structure.
(c) Wireless communications facilities required on a temporary basis not to exceed
fourteen (14) consecutive days provided any necessary building permit or other approval is
obtained and the landowner's written consent is Provided to the City in advance ofplacanent.
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(d) Traditional terrestrial radio and television mobile broadcast facilities.
(e) A single ground-mounted or building-mounted antenna not exceeding the maximum
height permitted by this Chapter 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 ofa 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 @) 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 ofthe primary structure on the same
parcel. (2) Non-Satellite Dish 39.37 inches (one meter) or Zess. A dish antenna 39.37 inches (one
meter) or less in diameter or diagonal measurernent and (a) intended for the sole use ofa person
occupfng 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 sigrals
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.
(0 Amateur radio antennas meeting the following requiranents: ( 1 ) That are
comptetely enclosed within a permitted building; or (2) That consist ofa single wire not exceeding
one-fourth inch in diameter. 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 ofa
single ground-mounted vertical pole or whip antenna not exceeding fifty (50) feet in height in
residential zone classifications or one hundred and five (105) feet in height in non-residential zone
classifications, measured from finish grade at the base ofthe 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 Califomia Building Standards Code. A building permit may be required for
the support structure or mast.
(g) Like kind equipment replacernents that consist solely ofreplacing or changing
equipment in an existing cabinet, vault, or shroud that does not increase pre-existing visual or noise
impacts and has the same or less RF anissions. The existing equipment must have been approved
by the City and the equipment must be in compliance with all permit conditions. Qualifoing like
kind equipment replacernents that do not require City approval consist ofupgrades or exchanges of
equipment that are substantially similar in appearance and the same or less in size, dimensions,
weight, and RF ernissions to the then-existing and approved equipment. This exemption does not
apply to generators.
O) Wireless communications facilities which are proposed to be located in the public
rights-of-way. These are subject to permitting under City Code Chapter 12.11.
Where conflict occurs between the provisions of this chapter and any other City codes,
ordinances, resolutions, guidelines or regulations, the more restrictive provision shall control unless
otherwise specified or mandated by law.
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Section25.77.040 Non-ConformingFacilities.
Any wireless communication facility that was lawfully erected prior to the effective date of
the ordinance codified in this chapter shall not be required to meet the requirements ofthis chapter.
The non-conforming wireless communications facilities shall be allowed to continue as they exist
as ofthe effective date of this ordinance, but will be considered as lawful nonconforming legal uses
and shall be subject to the restrictions of Chapter 25.50 ofthis code. The foregoing
notwithstanding, non-conforming wireless communication facilities shall be required to comply
with the requirernents of this chapter if any non-conforming facility or component ofa non-
conforming facility is modified or when the permittee applies to renew its permit, at which time the
provisions ofthe revised ordinance shall apply in full force going forward as to such facility.
Section25.77,050 PermitRequirement.
(a) Permit Requirement for Location of Wireless Communications Facilities. No
wireless communication facility shall be constructed, erected, placed or modified anywhere within
the City without first obtaining a permit pursuant to the requirernents of this chapter and without
obtaining any permits required under any other applicable state federal or local laws or regulations,
unless exernpt pursuant to Section 25.77.030. Applications for approval ofa wireless
communication facility shall be submitted to and processed by the Planning Division ofthe City's
Community Development Department and shall be reviewed and either approved, modified or
denied by the Community Development Director or the Planning Commission, depending upon the
application's classification as defined in this chapter.
(b) Administrative Use Pemit. An administrative use permit for wireless
communications facilities shall be required for the installation or modification ofany facility that
qualifies as a small cell facility, eligible facilities request, temporary facility or collocation, and
such application shall be considered by the Community Development Director. Notice of the
proposed approval on such administrative use permit application shall be provided in accordance
with Section 25.77. 120.
(c) Conditional Use Permit. Major wireless facilities shall require a conditional use
permit. A conditional use permit application for wireless communication facilities shall be
submitted to and processed by the Community Development Dq)artment to determine that the
proposed facility complies with all the requirements of this chapter and with all the applicable
requirements of other chapters of the Burlingame Municipal Code. Once the application is
complete, it shall be placed on the action calendar of the next available Planning Commission
meeting for consideration. A conditional use permit for wireless communication facilities may be
granted only after a public hearing before and approval by, the Burlingame Planning Commission
Notice ofsuch conditional use permit application shall be provided in accordance with Section
25.77.r10.
(d) Voluntary Pre-Application Meeting. Prior to filing an application for a use permit
for the installation or modification ofwireless communication facility, an applicant is encouraged
to schedule a pre-application meeting with the Community Development Department to discuss the
proposed facility, all of the requirernents of this chapter and any potential impacts of the proposed
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facility. The applicant will be encouraged to perform an early stage outreach with residents and
property owners near the proposed facilities in order to address and, ifpossible, resolve any
impacts ofthe proposed facilities on the surrounding neighborhood. Conducting this voluntary pre-
application meeting shall not initiate any applicable "shot clock."
(e) Appeals.
(D Administrative use permit for wireless communications facilities.
(A)f,HEffi *'ffi '#T,"llilH.:"*:l:::;l'*",?ffi [:H','*'
Officer who may decide the issues de novo, and whose written
decision will be the final decision of the City. An appeal by a
wireless infrastructure provider must be taken jointly with the
wireless service provider that intends to use the personal wireless
communications facility.
(B) All appeals must be filed within five (5) days of the effective date of
the written decision ofthe Director, unless the Director extends the
time therefor. An extension may not be granted where extension
would result in approval of the application by operation of law.
Where the Director grants an application based on a finding that
denial would result in a prohibition or effective prohibition under
applicable federal law, the decision shall be automatically appealed
to the Hearing Officer.
(iD Conditional use permit for wireless communications facilities.
(A) Any person adversely affected by a decision ofthe Planning
Commission pursuant to this Chapter may appeal the Planning
Commission's decision to the City Council who may decide the
issues de novo, and whose written decision will be the final decision
of the City.
(B) All appeals must be filed within ten (10) calendar days ofthe
effective date of the decision ofthe Planning Commission, unless a
different period is specified by the Planning Commission. The City
may extend the time period for filing an appeal for due cause but an
extension may not be granted where such extension would result in
approval of the application by operation of law.
(iiD All appeals
(A) In order to request an appeal, the appellant shall submit to the City
Clerk a request speciffing the decision being appealed and the
appellants firll name and contact information, along with a full
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amount of the appeal fee in the manner directed in the Director's or
Planning Commission's decision notice. The appeal shall be
considered invalid ifthe appeal fee is not paid in full.
(B) Any appeal hearing shall be conducted so that a timely written
decision may be issued in accordance with applicable law.
Section 25.77.060 Contents of permit applications.
(a) Conditional Use Permit. An applicant for a wireless communication facility
conditional use permit shall complete and submit an application to the Community Development
Department for review and processing, upon the form published by the Community Development
Director, which may be updated from time to time. ln addition to any requirements specified by
the application form, the wireless communication facility conditional use permit application shall at
minimum require submission of the following:
(i) Name, address, phone number, ernail address of:
(A) The owner ofthe proposed facility;
(B) The applicant, ifdifferent than owner;
(C) The proposed service provider that plans to make use ofthe facility.
(ii)A clear written description ofthe proposed facility that includes the number
of antennas, the location and length of fiber/cable, the location and
dimensions ofall related equipment (cabinets, generators, batteries, cooling,
transmitters, hubs etc.).
(iiD A site plan with photos or photo-simulations, depicting the location and
dimension of the proposed wireless communication facilities and of the
existing surrounding area features including structures, roads, trees, and
similar iterns.
(iu) A map illustrating the estimated coverage area (search area) for the proposed
wireless communication facility.
(v) A signed authorization by the applicable property owner consenting to the
installation and/or modification of the proposed wireless communication
facility.
(vi) Visual impact dernonstrations using clear, accurate and readable photo-
simulations of all of the proposed wireless communication facilities. The
(C) If a timely and complete request for appeal is not submitted, the
Director's or the Planning Commission's decision shall be deemed
final.
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(vii)
(viii)
simulations must contain dimensions, height measurements and color, size
and shape (proper coloration and blending of the facility wilh the proposed
site) ofthe proposed facilities in order to facilitate determination ofpotential
visual impacts.
Ifapplicable, a landscape plan that shows existing vegetation, indicating any
vegetation proposed for rernoval, and identiffing proposed plantings by type,
size and location and a description ofapplicant's proposed landscape
maintenance schedule for the life-time of the facility.
lnformation regarding potential environmental impacts (e.g., noise, visual,
traffic, etc.) that may result from the installation of the wireless
communication facility.
(ix) Certification by a qualified third party that the proposed wireless
communication facility will comply with applicable radio frequency (RF)
emission standards as established by the FCC. Such documentation may be
satisfied by a written demonstration of compliance with FCC Bulletin OET-
65, as amended.
(x) Wriften description ofany noise, light and/or heat generated by the facility,
including, but not limited to, retractable monopole motors, antenna rotators,
power generation, cooling equipment and similar items.
(xi) Ifapplicable, an explanation for any deviation ofthe proposed facility from
any ofthe design standards or other requirernents of this chapter. Deviations
are discouraged and shall only be granted by waiver or where required by
state or federal law.
(b) Administrative Use Permit. An applicant for an administrative use permit for
wireless communication facility shall complete and submit an application to the Community
Development Department for review and processing, upon the form published by the Community
Development Director, which may be updated from time to time. In addition to any requirements
specified by the application form, the wireless communication facility administrative use perrnit
application shall at minimum require submission of the information required under subsection (a),
except (4) is not required for an eligible facilities request.
(c) To promote effrcient review and timely decisions, ifthe applicant fails to tender a
substantive response to the Community Development Departrnent within ninety calendar days after
the director deerns the application incomplete in a timely writtan notice to the applicant, the
director may, in the director's discretion, deny the application for a conditional use permit or an
administrative use permit without prejudice to submit a new application and associated fees for the
same proposed facility.
(d) At the applicant's expense, the City may require verification ofthe applicant's
submitted technical data by a qualified independent third party selected by the City.
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Section25.77.070 Applicationfee.
Section25.77.080 Generalrequirements.
(a) State or Federal Requirements. All wireless communication facilities shall meet or
exceed current standards and regulations of the FCC, the FAA, and any other agency of the state or
federal govemment with the authority to regulate wireless communication facilities. If such
standards and regulations are changed and are made applicable to existing facilities, the owners of
the facilities governed by this chapter shall bring such facilities into compliance with such revised
standards and regulations within six (6) months ofthe eflective date ofsuch standards and
regulations, unless a different compliance schedule is mandated by the controlling state or federal
agency. Failure to bring wireless communication facilities into compliance with such revised
standards and regulations shall constitute grounds for the rernoval ofthe facilities at the owner's
expense, revocation of any permit or imposition of any other applicable penalty.
O) Building Codes and Safety Standards. To ensure the structural integrity of wireless
communication facilities, the owner shall ensure that the facility is constructed and maintained in
compliance with standards contained in applicable state or local building codes and the applicable
standards that are published by the Telecommunications Industry Association, as amended from
time to time. If, upon inspection, the City concludes that a wireless communication facility fails to
comply with such codes and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner and the opportunity to be heard as afforded by the applicable
building code, the owner shall have ninety (90) days to bring such facility into compliance with
such standards. Failure to bring such facility into compliance within said thirty (30) days shall
constitute grounds for the removal ofthe facility at the owner's expense, revocation ofany permit
or imposition ofany other applicable penalty.
Section 25.77.090 Wireless communications facility design and location standards and
standard approval conditions.
(a) By resolution, the City Council will provide Wireless Communications Facilities
Design and Location Standards which shall describe the design and location standards, and provide
pictorial examples ofstealth designs for wireless communication facilities, preferred types of
screening, landscaping and camouflaging, preferred locations for ground-mounted, roof-mounted
and side-mounted facilities and dimensions for height, setback and bulk. The Community
Development Department will update the Standards for City Council approval from time to time in
order to consider the inclusion ofnew technologies, innovations and current best examples which
would further the goal of reducing the impacts of facilities. The pictorial examples are examples of
facilities which may comply with the design standards contained in the Standards. However, the
design standards and the findings of the reviewing authority shall have precedence over the
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The application shall be accompanied by an application fee in an amount necessary to
recover the City's reasonable cost ofprocessing the application. The fee shall be set by resolution
ofthe City Council and included in the City's master fee schedule. Failure to include the fee with
the application shall render the application incomplete and no action will be taken on the
application until the fee is paid.
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pictorial examples. Because ofthe speed of technological change and the time between updates of
the City Standards, the applicant should understand that the pictorial examples are intended to
assist the applicant in choosing potentially prefened designs, but are not intended to suggest that
such examples will be approved or that such examples are mandated.
(b) The Standards document may include photos and descriptions of:
(D Monopoles that blend into surrounding vegetation, and avoid guy wires,
while still meeting safety standards.
(iD Facilities utilizing existing towers to extend wireless service area.
(iiD (Stealth structures and design features which exhibit uniform consistency in
size, character and color to that ofthe surrounding atvironment (e.g., public
art, foliage, trees, buildings, rocks, church steeples or other structures,
including samples of size and coloring).
(iv) Ground-mounted, roof-mounted and side-mounted facilities with
dimensions, and measurements for height, setback and bulk of the facilities.
(c) By resolutioq the City Council will adopt Standard Conditions of Approval which
shall describe the standard conditions that shall apply to all permits granted pursuant to this
Chapter or by operation of law, unless modified by the approving authority.
Section 25.77.100 Conditional use permit - Notice of project to property owners - Action
by Planning Commission.
(a) Notice ofPublic Hearing. Once the application and all supporting information and
documentation has been received, notice of a public hearing before the Planning Commission
regarding the conditional use permit for wireless communications facilities shall be given
according to the provision of Section 25.16.050. Notice shall be mailed to all owners of property
which lies within a radius of three hundred (300) feet of the proposed wireless communication
facility.
O) Notice Posted on Site. The notice ofpublic hearing shall also be posted in a
conspicuous location on or near the site of the proposed facilities.
(c) Action by Planning Commission. On the time and date set for the public hearing, the
Planning Commission shall conduct the public hearing regarding the application for conditional use
permit for wireless communication facilities and shall take action pursuant to Burlingame
Municipal Code Section 25.16.060.
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Section 25.77.116 4flministrative use permit - Notice of proposed decision to applicant
and property owners - Action by Community Development Director.
(a) Once the application and all supporting information and documentation have been
received and reviewed by the Community Development Deparfinent, notice ofthe proposed
decision shall be given to the applicant and all owners of property which lies within a radius of
three hundred (300) feet ofthe proposed facilities and any alternative sites identified by the
applicant. The following information shall be provided:
(i) Project description and site plan as provided in the application.
(ii) Map which accurately and clearly depicts location ofentire project as
provided in the application.
(iiD A summary of the proposed decision.
More detailed information, including, but not limited to, photo simulations and elevations,
as provided in the application, shall be placed on the City's website and this information shall be
referenced in the notice.
Section25.77.120 Renerval.
An applicant may renew a conditional use permit or an administrative use permit for
wireless communication facilities pursuant to the provisions ofthis section.
(a) At least one hundred twenty (120) days prior to the expiration ofthe term ofthe
permit, the applicant shall complete and submit a renewal application to the Community
Developmart Director. The application shall be in the same form as the application for a new
facility permit as specified in this Chapter and processed in accordance with Section 25.77.100 or
Section 25.77.110, corresponding to the applicable permit requested for the facility.
O) Fee. The renewal application shall be accompanied by a fee designed to recover the
reasonable cost ofprocessing the application. Failure to include the fee with the renewal
application shall render the application incomplete and no action will be taken on it until the fee is
paid.
Section 25.77.130 Findings for Approval.
(a) General findings for approval for all wireless facilities subject to this chapter. No
use permit for the installation or modification of a wireless communication facility, other than
eligible facilities requests, shall be approved unless, on the basis ofthe application and other
materials or evidence provided in review thereof, the applicable approval authority finds the
following:
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(i") The effective date ofthe proposed decision, and how to submit an appeal.
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(i) The facility complies with all applicable requirernents ofthis chapter,
including all requirernents for the requested permit; a1l application
requirements; and all applicable design, location, and development
standards, or has a waiver thereof; and
(iD The facility meets applicable requirernents and standards of federal and state
law, including all applicable ganeral orders of the Califomia Public Utilities
Commission.
(b) Additional Findings for Ternporary Facilities. No permit shall be approved for a
ternporary facility unless, on the basis of the application and other materials or evidence provided
in review thereof, the following findings are made:
(i) The facility qualifies as a temporary facility;
(iD There is an adequate need for the facility (e.g., wireless communication
facility relocation or large-scale event).
(c) Findings for Eligible Facilities Requests. No permit shall be approved for an eligible
facilities request unless, on the basis ofthe application and other materials or evidence provided in
review thereof, the following findings are made:
(D The proposed collocation or modification meets each and every one ofthe
applicable criteria for an eligible facilities request stated in 47 C.F.R.
1.6100(bX3)-(9), or any successor provisions, after application ofthe
definitions in 47 C.F.R. 1.61000). The reviewing authority shall make an
express finding for each criterion;
(iD The proposed facility complies with conditions associated with the siting
approval ofthe construction or modification ofthe eligible support structure
or base station equipment, except to the extent preempted by 47 C.F.R.
l.6100OX7XD through (iv), or any successor provisions; and
(iiD The proposed facility will comply with all generally applicable laws.
Section 25.77.140 Waivers of requirements.
(a) The reviewing authority may grant waivers of the requirernents for wireless
communications facilities subject to this Chapter, if it is determined that the applicant has
established that denial ofan application or strict adherence to the location and design standards
would:
(i)Prohibit or effectively prohibit the provision ofpersonal wireless services,
within the meaning of federal law; or
(i0 Otherwise violate applicable laws or regulations; or
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(iiD Require a technically infeasible design or installation ofa wireless facility.
(b) If that determination is made, said requirernents may be waived, but only to the
minimum extent required to avoid the prohibition, violation, or technically infeasible design or
installation.
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WEILI: Title l2 of the Burlingame Municipal Code shall be amended to add a new
Chapter 12.1l, entitled *Wireless Facilities in Public Rights-Of-Way," as follows:
CHAPTER 12.1I
WIRELf,SS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Section12.l1.010 Purpose.
(a) The purpose ofthis Chapter is to establish a process for managing, and unilbrm
standards for acting upon, requests for the placement of wireless facilities within the public rights-
of-way of the City consistent with the City's obligation to promote the public health, safety, and
welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by
the use of the public rights-of-way for the placement of wireless facilities. The City recogrrizes the
importance of wireless facilities to provide high-quality communications service to the residents
and businesses within the City, and the City also recognizes its obligation to comply with
applicable Federal and State law regmding the placernent ofpersonal wireless services facilities in
its public rights-of-way. This ordinance shall be interpreted consistent with those provisions.
Section 12.11.020 Definitions.
The terms used in this Chapter shall have the following meanings:
Application: A formal request, including all required and requested documentation and
information, submiued by an applicant to the City for a wireless encroachment permit.
Applicant: A person filing an application for placement or modification ofa wireless
facility in the public righrof-way.
Eligible Facilities Request: Shall have the meaning as set forth in 47 C.F.R. Section
l.6l 00OX3), or any successor provision.
FCC: The Federal Communications Commission or its lawful successor.
Municipal lnfrastructure: City-owned or controlled property structures, objects, and
equipment in the ROW, including, but not limited to, street lights, traffic control structures,
banners, street fumiture, or other poles, lighting fixtures, or electroliers located within the ROW.
Permittee: Any person or entity granted a wireless encroachment permit pursuant to this
Chapter.
Personal Wireless Services: Shall have the same meaning as set forth in 47 U.S.C. Section
332(cX7XC)(i).
Personal Wireless Services Facility: A wireless facility used for the provision of personal
wireless services.
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Public Rights-of-Way, or ROW: Any portion of any land dedicated, condemned or
established and improved for use as a public thoroughfare for vehicular use and owned, maintained
or managed by the City. Public Right(s)-of-Way includes public streets, roads, lanes, and alleys
(including portions used for sidewalks, medians, and parkways). For the purposes of this Chapter,
the Public Right(s)-of-Way includes public utility easements and does not include private streets.
Small Cell Facility: Shall have the same meaning as "small wireless facility" in 47 C.F.R.
1.60020), or any successor provision (which is a personal wireless services facility that meets the
following conditions that, solely for convenience, have been set forth below):
(a) The facilities -
(i) Are mounted on a structure 50 feet or less in height including their antennas
as defined in 47 C.F.R. Section 1.1320(d), or
(iD Are mounted on a structure no more than 10 percent taller than other
adj acent structures, or
(iii) Do not extend an existing structure on which it are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d), is no more than
three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the structure,
is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(e) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section
800.l6(x); and
(D The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Support Structure: Any structure capable of supporting a base station.
Underground Areas: Those areas where there are no electrical facilities or facilities ofthe
incumbent local exchange carrier in the right of way; or where the wires associated with the same
are or are required to be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution facilities owned by an electric
utility and do not include transmission facilities used or intended to be used to transmit electricity
at nominal voltages in excess of35,000 volts.
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Utility Pole: A structure in the ROW designed to support electric, telephone and similar
utility lines. A tower is not a utility pole.
Wireless Encroachment Pemrit: A permit issued pursuant to this Chapter authorizing the
placement or modification of a wireless facility of a desigr specified in the permit at a particular
location within the ROW; and the modification of any existing support structure to which the
wireless facility is proposed to be attached.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated towe(s), support structure(s), and base station(s).
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
Wireless Regulations: Those regulations adopted pursuant to Section 5 and implanenting
the provisions of this Chapter.
Wireless Service Provider: An entity that provides personal wireless services to end users.
Section12.11.030 Scope.
(a) In general. There shall be a type of encroachment permit entitled a '\rireless
encroachment permit," which shall be subject to all ofthe same requirements as an encroachment
permit would under City Code Chapter 12.10 in addition to all ofthe requirements of this Chapter.
Unless exernpted, every person who desires to place a wireless facility in the public rights-of-way
or modifi an existing wireless facility in the public rights-of-way must obtain a wireless
encroachment permit authorizing the placement or modification in accordance with this Chapter.
Except for small cell facilities, facilities qualiSing as eligible facilities requests, or any other t)?e
offacility expressly allowed in the public right-of-way by state or federal law, no other wireless
facilities shall be permitted pursuant to this Chapter.
(i) Exernptions. This Chapter does not apply to:
(A) The placement or modification of facilities by the City or by any
public agency solely for public safety purposes.
(B) Installation of a "cell on wheels," "cell on truck" or a similar facility
for a temporary period in connection with an emergency or a non-emergency event, but no longer
than required for the emergency or the non-anergency event, provided: (i) that installation does not
involve excavation, movement, or rernoval of existing facilities; (ii) that the Public Works Director
is notified in writing by the owner ofthe tanporary facility at least two (2) business days prior to
the installation, or ifadvance notice is not possible in an emergency, within forty-eight (48) hours
after installation; and (iii) the owner of the installation complies with all reasonable directives of
the Public Works Director regarding the placement or relocation ofplaced ternporary facilities.
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(C) Installation ofa wireless facility on the strand between two utility
poles, provided that the cumulative volume ofall wireless facilities on the strand shall not exceed I
cubic foot and provided further that the installation does not require replacernent of the strand, or
excavation, modification or replacernent ofthe utility poles.
(b) Other applicable requirements. ln addition to the wireless encroachment permit
requted herein, the placement of a wireless facility in the ROW requires the persons who will own
or control those facilities to obtain all permits required by applicable law, and to comply with
applicable law, including, but not limited to, applicable law goveming radio frequency (RF)
emissions.
(a) Reviewing Authority. The Public Works Director or its desigrree (Director) is
responsible for administering this Chapter. As part of the administration of this Chapter, the
Director may:
(i) Interpret the provisions ofthis Chapter;
(iD Develop and implemant standards goveming the placernent and modification
of wireless facilities consistent with the requirernents of this Chapter,
including regulations goveming collocation and resolution of conflicting
applications for placonent of wireless facilities;
(iiD Develop and implement acceptable desigrrs and development standards for
wireless facilities in the public rights-of-way, taking into account the zoning
districts bounding the public rights-of-way;
(iv) Develop forms and procedures for submission ofapplications for placement
or modification of wireless facilities, and proposed changes to any support
structure consistent with this Chapter;
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(c) Pre-existing Facilities in the ROW. Any wireless facility already existing in the
ROW as of the date of this Chapter's adoption shall remain subject to the standards and conditions
of the City Code in effect prior to this Chapter, unless and until a renewal of such facility's then-
existing permit is granted, at which time the provisions of this Chapter shall apply in fuIl force
going forward as to such facility. The review of any request for a renewal of a permit for such pre-
existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of the City
Code that it was previously reviewed under.
(d) Public use. Except as otherwise provided by Califomia law, any use ofthe public
right-of-way authorized pursuant to this Chapter will be subordinate to the City's use and use by
the public.
Section12.l1.040 Administration,
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(v)Determine the amount ofand collect, as a condition of the completeness of
any application, any fee or deposit established by the Cit11
(vi) Establish deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with state
and federal laws and regulations;
(vii) Issue any notices ofincompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit
should be issued;
(viii)
(ix)
(x)
Require notice to members of the public that may be affected by the
placement or modification of the wireless facility and proposed changes to
any support structure in accordance with this Chapter;
Subject to appeal as provided herein, determine whether to approve, approve
subject to conditions, or deny an application; and
Take such other steps as may be required to timely act upon applications for
placement of wireless facilities, including issuing written decisions and
entering into agreements to mutually extend the time for action on an
application.
O) Appeal.
(D Any person adversely affected by the decision ofthe Director pursuant to
this Chapter may appeal the Director's decision to a Hearing Officer
appointed by the City Manager. The Hearing Officer may decide the issues
de novo, and their written decision will be the final decision of the City. An
appeal by a wireless infrastructure provider must be taken jointly with the
wireless service provider that intends to use the personal wireless services
facility.
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(ii) Where the Director grants an application based on a finding that denial
would result in a prohibition or effective prohibition under applicable federal
law, the decision shall be automatically appealed to a Hearing Officer
appointed by the City Manager. All appeals must be filed within five (5)
days ofthe written decision of the Director, unless the Director extends the
time therefore. An extension may not be granted where extension would
result in approval of the application by operation of law.
(iii) Any appeal shall be conducted so that a timely written decision may be
issued in accordance with applicable law.
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(a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set
forth in this ordinance and the wireless regulations, in addition to the requirernents ofany other
applicable law.
O) Minimum Standards. Wireless facilities shall be installed and modified in a manner
that minimizes risks to public safety, avoids placement ofnew aboveground facilities in
underground areas, avoids installation ofnew support structures or equipment cabinets in the
public rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located; ensures that installations are subject to periodic review
to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as
a result ofthe installations, and that such use does not inconvenience the public, interfere with the
primary uses of the rights-of-way, or hinder the ability of the City or other govemment agencies to
improve, modifu, relocate, abandon, or vacate the public rights ofway or any portion thereof, or to
cause the improvement, modification, relocation, vacation, or abandonment of facilities in the
public rights ofway.
(c) Design and Location Standards. All applicants shall desigrr and locate the wireless
facilities in accordance with the standards and wireless regulations set forth separately through the
resolution adopted by the City Council. The Director may propose updates to the standards for City
Council approval from time to time, in order to consider the inclusion ofnew technologies,
innovations and materials which would further the goal of reducing the aesthetic impacts of
faci'lities.
Section 12.11.060 Applications; Consultants.
(a) Submission. Unless the wireless regulations provide otherwise, applicant shall
submit a paper copy and an electronic copy ofany application, amendments, or supplements to an
application, or responses to requests for information regarding an application to: Director, at the
address posted on the City's website or listed in the applicable form.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment
permit, an applicant is encouraged to schedule a pre-application meeting with the Director to
discuss the proposed facility, the requirements ofthis Chapter, and any potential impacts ofthe
proposed facility.
(c) Content. An applicant shall submit an application on the form approved by the
Directoq which may be updated from time-to-time, but in any event shall require the submission of
all required fee(s), documents, information, and any other material necessary to allow the Director
to make required findings and ensure that the proposed facility will comply with applicable federal
and state law, the Municipal Code, and will not endanger the public health, safety, or welfare. Ifno
form has been approved, applications must contain all information necessary to show that applicant
is entitled to the wireless encroachment permit requested, and must specifu whether the applicant
believes state or federal law requires action on the application within a specified time period.
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Section 12.11.050 General Standards for Wireless Facilities in the Public Rights-of-Way.
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(d) Fees. Application fee(s) shall be required to be submitted with any application for
a wireless encroachment permit. The City Council is hereby authorized to determine, or cause to
be determined, the amount, type, and other terms of such fee(s) from time to time by means of
resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in
part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit.
(e) Incompleteness. For personal wireless facilities and eligible facilities requests,
applications will be processed, and notices of incompleteness provided, in conformity with state,
local, and federal law. If such an application is incomplete, the Director may notiry the applicant in
writing, and speci$ing the material omitted from the application.
(0 Consultants. The Director or Hearing Officer, as the case may be, is authorized, in
its discretion, to select and retain consultant(s) with expertise in telecommunications in connection
with the review of any application under this Chapter. Such consultant review may be retained on
any issue that involves specialized or expert knowledge in connection with an application,
including, but not limited to, application completeness or accuracy, structural engineering analysis,
or compliance with FCC radio frequency emissions standards
Section 12.11.070 Findings; Decisions; Noticing; Waivers.
(a) Findings Required for Approval.
(i) Except for eligible facilities requests, the Director or Hearing Officer, as the
case may be, shall approve an application if, on the basis of the application
and other materials or evidence provided in review thereof, it finds the
following:
(A) The facility is not detrimental to the public health, safety, and
welfare;
(B) The facility complies with this Chapter and all applicable desigr and
development standards;
(C) The facility meets applicable requirements and standards ofstate and
federal law; and
(b) For eligible facilities requests, the Director or Hearing Officer, as the case maybe,
shall approve an application if, on the basis ofthe application and other materials or evidence
provided in review thereof, it finds the following:
(D That the application qualifies as an eligible facilities request; and
(ii) That the proposed facility will comply with all generally-applicable laws.
(c) Decisions. Decisions on an application by the Director or Hearing Officer shall be
in writing and include the reasons for the decision.
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(e) Waivers. The reviewing authority may grant waivers of the requiranents for
wireless communications facilities subject to this Chapter, if it is determined that the applicant has
established that denial ofan application or strict adherence to the location and desigrr standards
would:
(i)Prohibit or effectively prohibit the provision ofpersonal wireless services,
within the meaning of federal law; or
(ii) Otherwise violate applicable laws or regulations; or
(iii) Require a technically infeasible desigr or installation ofa wireless facility.
If that determination is made, said requirernents may be waived, but only to the
minimum extent required to avoid the prohibition, violation, or technically
infeasible desigr or installation.
Section 12.11.080 Conditions of Approval.
(a) Generally. ln addition to any supplemental conditions imposed by the Director or
Hearing Officeq as the case may be, all permits under this Chapter shall be subject to the standard
conditions adopted by resolution of the City Council, unless modified by the Director or Hearing
Officer.
Section 12.11.090 Breach; Termination of Permit.
(a) For breach. A wireless encroachment permit may be revoked for failure to comply
with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be
removed; provided that removal of a support structure owned by City, a utility, or another entity
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(d) Noticing. Once the application and all supporting information and documentation
have been received and reviewed by the Public Works Deparhnent, notice of the proposed decision
shall be given to the applicant and all owners of property which lies within a radius of three
hundred (300) feet ofthe proposed facilities and any altemative sites idartified by the applicant.
The following information shall be provided:
(i) Project description and site plan as provided in the application.
(iD Map which accurately and clearly depicts location ofentire project as
provided in the application.
(iiD A summary of the proposed decision.
(iv) The effective date ofthe proposed decision, and how to submit an appeal.
More detailed information, including, but not limited to, photo simulations and elevations,
as provided in the application, shall be placed on the City's website and this information shall be
referenced in the notice.
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authorized to maintain a support structue in the right-of-way need not be removed, but must be
restored to its prior condition, except as specifically permitted by the City. All costs incurred by
the City in coffiection with the revocation and removal shall be paid by entities who own or control
any part of the wireless facility.
(b) For installation without a permit. An wireless facility installed without a wireless
encroachment permit (except for those exernpted by this Chapter) must be rernoved; provided that
rernoval of support structure owned by City, a utility, or another entity authorized to maintain a
support structure in the right of way need not be removed, but must be restored to its prior
condition, except as specifically permitted by the City. All costs incurred by the City in connection
with the revocation and removal shall be paid by entities who own or control any part of the
wireless facility.
(c) Municipal lnfraction. Any violation of this Chapter will be subject to the same
penalties as a violation of the Chapter 1.12.
Section 12.11.100 Infrastructure Controlled By City.
The City, as a matter of policy, will negotiate agreements for use of Municipal
Infraskucture. The placement ofwireless facilities on those structures shall be subject to the
agreement. The agreement shall speci$ the compensation to the City for use of the structures. The
person seeking the agreement shall additionally reimburse the City for all costs the City incurs in
connection with its review of and action upon the person's request for, an agreement.
Section 12.11.110 Nondiscrimination.
In establishing the rights, obligations and conditions set forth in this Chapter, it is the intent
of the City to treat each applicant or public right-of-way user in a competitively neutral and
nondiscriminatory manner, to the extent required by law, and with considerations that may be
unique to the technologies, situation and legal status ofeach particular applicant or request for use
of the public rights-of-way.
SECTION 4: The Ci ty Manager, or his or her delegate, is authorized and directed to
execute all documents and to perform all other necessary City acts to implernent effect this
Ordinance.
SECTION 5: CE QA. This Ordinance is not a project within the meaning of Section 1 5378
of the State of Califomia Environmental Quality Act (CEQA) Guidelines, because it has no
potential for resulting in physical change in the environment, directly or indirectly. The Ordinance
does not authorize any specific development or installation on any specific piece ofproperty within
the City's boundaries. Moreover, when and ifan application for installation is submitted, the City
will at that time conduct preliminary review of the application in accordance wilh CEQA.
Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines
section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is
exernpt because the City Council's adoption ofthe Ordinance would be covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
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enviroffnent. (State CEQA Guidelines, $ 15061(bX3)). That is, approval ofthe Ordinance would
not result in the actual installation of any facilities in the City. In order to install a facility in
accordance with this Ordinance, the wireless provider would have to submit an application for
installation of the wireless communications facility. At that time, the City will have specific and
definite information regarding the facility to review in accordance with CEQA. And, in fact, the
City will conduct a preliminmy review under CEQA at that time. Moreover, in the event that the
Ordinance is interpreted so as to permit installation of wireless communications facilities on a
particular site, the installation would be exernpt from CEQA review in accordance with State
CEQA Guidelines section 15302 (replacanent or reconstruction), State CEQA Guidelines section
15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section
15304 (minor alterations to land). The City Council therefore directs that a Notice of Exemption
be filed with the County Clerk of the County of San Mateo within five working days of the passage
and adoption ofthe Ordinance.
SECTION 6: Severabili ty. Ifany section, subsection, provision, sentence, clause, phrase
or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of
competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any
rernaining section, subsection, provision, sentence, clause, phrase or word included within this
Ordinance, it being the intent of the City that the remainder ofthe Ordinance shall be and shall
remain in full force and effect, valid, and enforceable.
SECTION 7: This Ordinance shall go into effect 30 days following its adoption. The City
Clerk is directed to cause copies of this Ordinance to be posted or published as required by
Government Code section 36933.
SECTION 8: Sections 2 and 3 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 4, 5,6,7, and 8 shall not be so codified.
Ann O'Brien Kei ayor
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l, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 21't day of
June 2021 and adopted thereafter at a regular meeting of the City Council held on the 6th day of
July by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, oRTz
NOES: COLTNCILMEMBERS: NONE
ABSENT: COLINCILMEMBERS:NONE
AfiEST:
Meaghan Hassel - Shearer, City Clerk
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