HomeMy WebLinkAboutReso - CC - 090-2021DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A
RESOLUTION NO. 090-2021
A RESOLUTION OF THE CITY OF BURLINGAME ESTABLISHING DESIGN
AND LOCATION STANDARDS FOR WIRELESS FACILITIES IN THE PUBLIC
RIGHTS -OF -WAY AND UTILITY EASEMENTS, AND ON PUBLIC AND
PRIVATE LAND; AND ESTABLISHING STANDARD PERMIT APPROVAL
CONDITIONS (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE
CEQA GUIDELINES SECTIONS 15378, 15061(B)(3), 15302, 15303, AND
15304)
WHEREAS, Chapter 25.77 of the City's Municipal Code governs the permitting,
installation, and regulation of wireless facilities on private land within Burlingame;
WHEREAS, Chapter 12.11 of the City's Municipal Code governs the permitting,
installation, and regulation of wireless facilities in the City's public rights -of -way and utility
easements;
WHEREAS, Chapter 25.77 and Chapter 12.11 authorize the City Council to establish
design and location standards and standard permit approval conditions applicable to wireless
installations on private land and in the public rights -of -way, respectively;
WHEREAS, on June 21, 2021 the City Council conducted a duly noticed public meeting
and received testimony from City staff and all interested parties regarding the design and location
standards and standard permit approval conditions; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
RESOLVE AS FOLLOWS:
INCORPORATION OF RECITALS. The recitals above are each incorporated by reference
and adopted as findings of the City Council.
2. DEFINITIONS. The definitions set forth in Section 12.11.020 and Section 25.77.020 of the
Municipal Code are incorporated by reference into this Resolution.
3. DESIGN AND LOCATION STANDARDS FOR WIRELESS FACILITIES IN PUBLIC
RIGHTS -OF -WAY AND UTILITY EASEMENTS.
3.1. ALL FACILITIES. The following design and location standards shall apply to all
wireless facilities in the public rights -of -way and utility easements:
A. Visual Criteria.
Generally. Wireless facilities should be designed using the least
visible means technically feasible and be aesthetically compatible
with the surrounding area and structures (e.g., color, materials,
size, and scale).
2. Stealthing/Concealment. The wireless facility, including pole -
mounted equipment, and cables should be camouflaged or
concealed to create a stealth facility by mimicking or blending the
facility with surrounding materials and colors of the support
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structure on which the facility is installed, the surrounding
environment and adjacent uses with regard to appearance, size and
location. Concealment elements include, but are not limited to, the
following:
a. Radio frequency (RF) transparent screening or shrouds;
b. Matching the color of the existing support structure by
painting, coating, or otherwise coloring the wireless facility,
equipment, mounting brackets, conduit and cabling;
C. Placing cables and wires inside the pole or beneath conduit
of the smallest size technically feasible;
d. Minimizing the size of the facility; and
e. Installing new infrastructure that matches existing
infrastructure in the area surrounding the proposed site.
3. Materials. The materials and paint used shall be non -reflective, non-
flammable, and of durable quality. To the extent technically feasible,
all visible wireless facilities, including shrouds, cabinets and visible
equipment, shall be constructed from or coated with graffiti -
resistant materials.
B. Location.
Location Preference Order. In determining the location of proposed
wireless facilities in public rights -of -way and utility easements,
applicants should use best efforts to review and consider locations
in the preference order outlined herein. If applicable, the applicant
shall include an explanation of the reason that the proposed
facilities cannot be deployed at a higher -preference location. The
location preference order is as follows by descending priority:
Within non-residential zoning districts other than the
Burlingame Downtown Districts or the Broadway
Commercial District.
b. Within public right-of-way adjacent to public parks and open
spaces, or within public utility easements within public parks
and open spaces.
c. Within the Burlingame Downtown Districts and Broadway
Commercial District, except as noted in paragraph 2.
d. On arterial streets within single -unit, two -unit and multi -unit
residential zoning districts.
e. On non -arterial streets within single -unit, two -unit and multi-
unit residential zoning districts.
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f. Within public utility easements within single -unit, two -unit
and multi -unit residential zoning districts.
g. Adjacent to real property occupied by schools, including
private schools, and licensed daycare centers, as they are
defined by Chapter 25.08 of the Burlingame Municipal
Code.
2. Prohibited Zones. Installations on Burlingame Avenue, within the
Burlingame Avenue Commercial District, and on Broadway, within
the Broadway Commercial District, are prohibited.
3. A small wireless facility should be no closer than 300 feet away,
radially, from another small wireless facility.
4. The City has a preference for the use of existing infrastructure
locations, with the following exceptions:
a. Traffic signal poles and associated equipment cabinets.
b. Utility poles providing a power source for a traffic signal.
C. Street lights used for seasonal art or informational display
(e.g., banners).
d. Street lights with pole -top luminaires (e.g., "acorn" light
fixtures) and decorative light poles.
5. Facilities should be located near shared property lines between two
adjacent lots, whenever technically feasible, or along a secondary
street frontage.
6. Facilities should not be located in front of business windows,
primary walkways, primary entrances or exits, or in such a way that
it would impede access to the building.
7. New poles should be located in the planting strip, located between
the sidewalk and street, whenever technically feasible and in
alignment with existing trees, utility poles, and streetlights.
8. New poles should be an approximately equal distance between
trees when technically feasible, with a minimum of 15 feet
separation such that no proposed disturbance shall occur within the
critical root zone of any tree.
9. New or replacement poles shall be a minimum of 18 inches from
the face of the curb, however shall not impede the use.
10. Facilities should not be installed such that the facility damages
existing trees. Approval may be conditioned on tree assessment
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results provided by a certified arborist. If pruning is require for the
installation, a separate permit must be obtained.
11. Curb Setback Requirements. New or replacement poles
shall be a minimum of 18 inches from the face of the curb,
however shall not impede the use of the sidewalk.
C. Number and Mounting. Only one wireless facility is permitted per structure.
Side -mounted antennas shall not be permitted.
D. Accessory Equipment. Accessory equipment, including radio remote units
(RRUs), shall be placed in a shroud with the antenna or in a shroud in a
vertical arrangement on the pole. If such placement of equipment is not
feasible, undergrounding equipment is preferred. Vaults and pull boxes
shall be installed flush to grade. Ground -mounted equipment is prohibited
unless required for technical reasons. If required, ground -mounted
equipment shall incorporate camouflaging and shrouding to match the
colors, appearance, and materials of existing facilities and screen facilities
from public view as much as is technically feasible. Further, if ground -
mounted equipment is required, it must be enclosed in cabinets, sized only
for the needed equipment and camouflaged using paint that matches the
surrounding environment.
E. Prohibition of Generators. Generators (above or below the ground) are
prohibited in the public right-of-way.
F. Electric Service. Facilities should use flat -rate electric service when it would
eliminate the need for a meter. Where meters are required, facilities should
use smart meters or the narrowest electric meter and disconnect available.
The meter and disconnect should be shrouded unless these cannot be
shrouded for safety or accessibility reasons or shrouding is not allowed by
the electrical provider. Ground -mounted electrical meters are prohibited
unless required by the electrical provider.
G. Security. All equipment and facilities shall be installed in a manner to avoid
being an attractive nuisance and to prevent unauthorized access, climbing,
and graffiti.
H. Safety. All wireless facilities in the right-of-way, including each piece of
equipment, shall be located and placed in a manner so as to not interfere
with the use of the right-of-way; impede the flow of vehicular or pedestrian
traffic; impair the primary use and purpose of poles/signs/traffic signals or
other infrastructure; interfere with outdoor dining areas or emergency
facilities; or otherwise obstruct the accessibility of the right-of-way. Further,
all wireless facilities and associated equipment in the right-of-way shall
comply with Americans with Disabilities Act (ADA) requirements.
Noise. Wireless facilities and all accessory equipment and transmission
equipment must comply with Burlingame Municipal Code noise regulations,
as may be amended from time to time.
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Lighting. No facility shall be illuminated unless specially required by the
Federal Aviation Administration (FAA) or other government agency. Any
required lighting shall be shielded to eliminate, to the maximum extent
feasible, impacts on the surrounding area property.
K. Signs. No facility may display any signage or advertisement unless it is
expressly allowed by the City in a written approval, recommended under
FCC regulations, or required by law or permit condition. Every facility shall
at all times display signage that accurately identifies the facility owner and
provides the owner's unique site number and a local or toll -free telephone
number to contact the facility owner's operations center.
L. Landscaping. In addition to any landscaping used for concealment or
screening purposes, the applicant shall propose and install additional
landscaping to replace any existing landscaping displaced during
construction or installation of the applicant's facility in the right-of-way. The
applicant's landscaping plan shall be subject to the City's review and
approval but shall, at a minimum, match the existing landscaping and
foliage surrounding the installation site.
3.2. POLE -MOUNTED FACILITIES. In addition to the standards set forth in Section 3.1
of this Resolution, the design standards for pole -mounted facilities are as follows:
A. Poles, Generally. For facilities installed on any pole:
Antennas and Equipment. Antennas, radio remote units (RRUs)
and associated equipment shall be top -mounted in a shroud. Side -
mounted antennas shall not be permitted. RRUs and other
equipment attached to the side of the pole are discouraged, but if
they are required due to technical reasons, should use the smallest
volume technically feasible and be stacked vertically and close
together with minimal distance from the pole.
2. Dimensions. Antennas shall be of the smallest size technically
feasible, but in no case more than five (5) cubic feet in volume. Pole -
top wireless facilities, including the shroud, shall be no more than
48 inches in height and 15 inches in diameter.
3. Cables and Wiring. All cables and wiring shall be within conduit
within the structure, or if not feasible, within conduit on the exterior
of the structure. The exterior conduit, conduit attachments, cables,
wires and other connectors shall be a color that matches the pole,
of the smallest size technically feasible, and concealed from public
view.
4. General Orders. All installations shall fully comply with the
California Public Utilities Commission ("CPUC") General Orders,
including, but not limited to General Order 95 ("GO 95"). None of
the design standards are meant to conflict with or cause a violation
of GO 95, including, but not limited to, its standards for a safe
installation on a utility pole. Accordingly, the Standards can be
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RESOLUTION NO.090-2021
adjusted at the City's discretion to ensure compliance with CPUC
rules on safety.
B. Utility Poles. In addition to complying with the standards above,
installations on utility poles must comply with the following:
Equipment shall be completely contained within the equipment
shroud. Equipment shroud and lines shall be painted, treated or
finished to match existing utility pole and line aesthetics. Utility line
installations shall be colored to a non -reflective color.
2. The top of the antenna shall be no higher than 48 inches above the
minimum separation from supply lines required by GO 95, exclusive
of the required antenna mounting bracket.
3. Only one equipment shroud, containing all required accessory
equipment shall be installed per pole. Outer edge of equipment
shroud shall project no more than 18 inches off the pole
circumference and measure no more than nine (9) cubic feet in
volume. The volume limitation may be waived by the reviewing
authority if applicant demonstrates that it is necessary for passive
cooling.
4. All antennas shall be concealed in a shroud or other manner.
Antenna shroud shall not exceed 15 inches in diameter and
measure no more than five (5) cubic feet in size. The shroud shall
be no more than 48 inches tall, including antenna, radio head,
mounting bracket, and all other hardware necessary for a complete
installation.
3.3. EXISTING AND REPLACEMENT STREETLIGHT POLES. If an applicant
proposes to use an existing or a replacement streetlight pole to accommodate the
facility, it must comply with the following:
A. Placement. The base of the replacement pole shall be a minimum of 18
inches away from the face of the curb, unless otherwise directed by the
City in order to comply with ADA requirements. Further, a replacement pole
shall be in the same location as the pole that it is replacing or as close to
the original location as possible, taking into account pole owner safety -
related requirements and all applicable location and placement standards
herein.
B. Design. Replacement poles should match the design (e.g., color,
dimensions, height, style, and materials) of the existing pole that is being
replaced to the greatest extent feasible.
C. Stealth. Facilities should be stealth.
D. Equipment shall be painted, treated or finished to match existing streetlight
pole aesthetics and materials in finish and color.
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E. The antenna shall be mounted at the top of the streetlight pole where the
arm extends from the pole where feasible. The top of the antenna shall be
no higher than 48 inches above the top of the existing pole.
F. All antennas shall be concealed in a shroud or other manner. Antenna
shroud shall not exceed 15 inches in diameter and measure no more than
five (5) cubic feet in size. The shroud shall be no more than 48 inches tall,
including antenna, radio head, mounting bracket, and all other hardware
necessary for a complete installation.
G. All cables, wires, and other connectors shall be hidden within the base and
shaft of the streetlight pole.
3.4. NEW POLES. New poles are only permitted if: (a) the applicant demonstrates that
above -ground support structures near the project site either do not exist or are not
reasonably available to the applicant; or (b) the City specifically finds that a new,
non -replacement support structure would be more aesthetically desirable and
consistent with the objectives of these standards than installations on existing
structures near the project site. In addition to meeting these requirements, if an
applicant proposes a new pole to accommodate the facility, it must comply with the
following:
A. Installations on New Poles. Antennas shall be pole top -mounted in a
shroud, and cables and wiring shall be contained within the new pole. The
antennas and equipment on a new pole shall be of a stealth design.
B. When technically feasible, all antennas and associated equipment shall fit
within the diameter of the pole with no exterior wires or conduit. If all
antennas and equipment cannot fit within the pole for technical reasons,
then the installation shall be subject to the standards in the sections above.
C. Pole Height. Pole heights shall be minimized, but in no case shall the
maximum height of any facilities exceed 35 feet. Legally required lightning
arresters and beacons should be included when calculating the height of
facilities. Pole height is measured from the top of foundation, which should
be flushed with the ground, to the top of antenna or top of highest pole
attachment, whichever is greater.
D. Pole Diameter. New poles shall have a maximum outside diameter of nine
(9) inches and shall be tapered toward the top. The poles shall be designed
so that cables and wiring can be contained inside the poles.
E. Pole material and finishes shall match the existing materials of the City
standard streetlight poles or match aesthetics and materials of existing
decorative poles.
F. If existing poles (other than wood poles) are present in the surrounding
area, then the new pole shall be designed to resemble the existing poles in
appearance, color, materials, and distribution pattern/spacing.
G. New wood poles are prohibited.
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4. DESIGN AND LOCATION STANDARDS FOR WIRELESS FACILITIES ON PUBLIC AND
PRIVATE LAND.
4.1, DESIGN STANDARDS. In addition to the standards set forth in Section 3.1 of this
Resolution, the following design standards shall apply to all wireless facilities on
public and private land:
A. Stealthing/Concealment. All wireless facilities shall be stealth. Wireless
facilities shall be designed, located and constructed in a manner that
minimizes visual and auditory impacts of the facilities. Wireless facilities
shall blend into the surrounding environment and/or shall be architecturally
integrated into a structure, considering the color, design and character of
the surrounding context (e.g., public art, clock towers, flagpoles,
trees/vegetation, rocks, water tank, existing office/industrial buildings, and
church steeples). Specifically, the wireless facilities shall comply, to the
greatest extent feasible, with the following:
Wireless facilities shall be concealed, screened or camouflaged by
the surrounding topography, vegetation, buildings, stealthing
techniques, or other setting.
2. Wireless facilities shall be proportional in size relative to
surrounding and supporting structures and ability for collocation by
other providers.
3. Roof -mounted facilities shall be concealed and be set back at least
one foot from the edge of the roof for every one foot of antenna
height and shall not exceed ten (10) feet in height above the roof
surface or top of parapet.
4. Wall -mounted facilities shall be compatible in scale and design with
the building, shall be flush mounted, i.e., shall not extend more than
twenty-four (24) inches from the face of the building, and shall be
painted and/or textured to match the wall of the building. All cables
and brackets, wires, shall also be hidden.
5. To the extent technically feasible, all visible wireless facilities,
including shrouds, cabinets, and visible equipment, shall be
constructed from or coated with graffiti -resistant materials.
6. All concealing, screening, painting, camouflaging and/or use of
stealth designs and stealth structures should be consistent with
Section 25.77.010 (Purpose) including, but not limited to, 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 including its character and its century old
architectural traditions.
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B. Where applicable, appropriate landscaping should be installed in and
around wireless facilities.
C. Any exterior lighting on the wireless facilities shall have a manual on/off
switch and be contained on -site.
D. Ground equipment associated with wireless facilities shall be concealed,
screened, camouflaged or hidden using stealth design, stealth structures,
underground installation or landscaping and fencing.
E. Signage in, on or near any wireless facilities shall be prohibited with the
exception of warning and informational signs as required by state and
federal law, which shall be designed with minimal aesthetic impact.
F. Support wires for structures are be discouraged.
G. Wireless facilities should be designed to discourage unauthorized access.
4.2. LOCATION STANDARDS. The following location standards shall apply to all
wireless facilities on public and private land:
A. Placement with Existing Facilities. Wireless facilities should be placed with
existing wireless facilities where feasible and where the placement does
not create an adverse aesthetic impact due to such factors as increasing
the bulk, the height or the amount of noise created by the proposed
facilities.
B. Location Preference Order. In determining the location of proposed
wireless facilities, applicants should use best efforts to review and consider
locations in the preference order outlined herein. If applicable, the applicant
shall include an explanation of the reason that the proposed facilities
cannot be deployed at a higher -preference location. The location
preference order is as follows by descending priority:
Locations within Non -Residential Zoning Districts and which are not
within the Burlingame Downtown Districts:
a. Located on electric power transmission towers.
b. Placed with existing wireless facilities which are in
compliance with the provision of Chapter 25.77.
C. The roof of existing structures (buildings, water tanks, etc.),
designed to blend in with the building, camouflaged or
screened from the public right-of-way which constitutes a
pedestrian travel corridor.
d. The side of existing structures (buildings, water tanks, etc.),
designed to blend in with the building, camouflaged or
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screened from the public right-of-way which constitutes a
pedestrian travel corridor.
e. Camouflaged stealth structure (a false tree, building,
artifice, etc.).
Slim line monopole with top -mounted antennas. Antenna
shroud should be no more than 30 percent greater in
diameter than the monopole it is attached to and the
transition between the pole and the shroud should be
tapered.
2. Locations within the Burlingame Downtown Districts:
a. Integrated into non-residential uses (libraries, churches,
temples, parking lots, etc.); hidden from pedestrian view by
means of stealth design, stealth structures, architectural
integration or screening.
b. Placed with existing wireless facilities which are in
compliance with the provision of Chapter 25.77.
3. Locations within Residential Zoning Districts:
a. Integrated into non-residential uses (libraries, churches,
temples, parking lots, etc.) or located in and designed to
blend in with open space (playing fields, parks, etc.); hidden
from view by means of stealth design, stealth structures,
architectural integration or screening.
b. Placed with existing wireless facilities which are in
compliance with the provisions of Chapter 25.77.
G. Wireless facilities are discouraged in areas subject to the
City's Hillside Area Construction Permit; if facilities cannot
be avoided in the hillside areas, then visual impacts should
be eliminated through stealth design, stealth structures and
landscaping.
5. STANDARD PERMIT APPROVAL CONDITIONS. In addition to any supplemental
conditions imposed by the approving authority, all permits granted pursuant to Chapter
25.77 and Chapter 12.11 or by operation of law shall be subject to the standard conditions
stated below, unless modified in writing by the approving authority.
A. Conditions of approval for all wireless facilities.
Code Compliance. The permittee shall at all times maintain compliance
with all applicable federal, state and local laws, regulations and other rules.
The facility shall meet or exceed current standards and regulations of the
FCC, the FAA, and any other agency of the state or federal government
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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 of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring the facility into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the facilities at the owner's expense, revocation
of any permit or imposition of any other applicable penalty.
2. Permit Duration. This permit shall be valid for a period of ten (10) years,
unless pursuant to another provision of the Code or these standard
conditions, it expires sooner or is terminated. At the end of ten (10) years
from the date of issuance, such Permit shall automatically expire, unless
an extension or renewal has been granted. A person holding a permit must
either (1) remove the facility within forty-five (45) days following the permit's
expiration (provided that removal 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); or (2) at least ninety
(90) days prior to expiration, submit an application to renew the permit,
which application must, among all other requirements, demonstrate that
the impact of the wireless communication facility cannot be reduced. The
wireless communication facility must remain in place until it is acted upon
by the City and all appeals from the City's decision exhausted.
Timing of Installation. The installation and construction authorized by a
permit shall begin within one (1) year after its approval, or it will expire
without further action by the City, unless the City, in its sole discretion,
extends the time for action for good cause.
4. Post -Installation Certification. Within 60 calendar days after the Permittee
commences full, unattended operations of a wireless facility approved or
deemed -approved by the City, the Permittee shall provide the City with
documentation that the wireless facility has been installed and/or
constructed in compliance with the approved plans. Subject to the City's
discretion, such documentation may include, but shall not be limited to, as -
built drawings, site surveys, GIS data and site photographs.
Inspections; Emergencies. For wireless facilities on private land, the City
or its designee may enter onto the facility area to inspect the facility upon
48 hours prior notice to the permittee. The permittee shall cooperate with
all inspections and may be present for any inspection of its facility by the
City. The City reserves the right to enter or direct its designee to enter the
facility and support, repair, disable, or remove any elements of the facility
in emergencies or when the facility threatens imminent harm to persons or
property. The city shall make an effort to contact the permittee prior to
disabling or removing any facility elements, but in any case shall notify
permittee within 24 hours of doing so.
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6. Contact. The permittee shall at all times maintain accurate contact
information for all parties responsible for the facility, which shall include a
phone number, street mailing address and email address for at least one
natural person.
7. Insurance. Permittee shall obtain and maintain throughout the term of the
permit commercial general liability insurance with a limit of $1,000,000 per
occurrence for bodily injury and property damage and $2,000,000 general
aggregate including premises operations, contractual liability, personal
injury, and products completed operations. The relevant policy(ies) shall
name the City, its elected/appointed officials, commission members,
officers, representatives, agents, and employees as additional insureds.
Permittee shall use its best efforts to provide thirty (30) days' prior notice
to the City of to the cancellation or material modification of any applicable
insurance policy.
8. Indemnities. The permittee and, if applicable, the owner of the property
upon which the wireless communication facility is installed shall defend,
indemnify and hold harmless the City, its agents, officers, officials, and
employees (i) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and from any and all claims, demands, law suits, writs of
mandamus, and other actions or proceedings brought against the city or its
agents, officers, officials, or employees to challenge, attack, seek to modify,
set aside, void or annul the city's approval of the permit, and (ii) from any
and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions
or proceedings of any kind or form, whether for personal injury, death or
property damage, arising out of or in connection with the activities or
performance of the permittee or, if applicable, the property owner or any of
each one's agents, employees, licensees, contractors, subcontractors, or
independent contractors. In the event the city becomes aware of any such
actions or claims the city shall promptly notify the permittee and, if
applicable, the property owner and shall reasonably cooperate in the
defense. The City shall have the right to approve, which approval shall not
be unreasonably withheld, the legal counsel providing the City's defense,
and the property owner and/or permittee (as applicable) shall reimburse
City for any costs and expenses directly and necessarily incurred by the
City in the course of the defense.
9. Performance Bond. Prior to performing any work authorized by this permit,
the permittee shall file with the city, and shall maintain in good standing
throughout the term of the approval, a performance bond or other surety or
another form of security for the removal of the facility in the event that the
use is abandoned or the permit expires, or is revoked, or is otherwise
terminated. The security shall be in the amount equal to 100% of the cost
of physically removing the facility and all related facilities and equipment
on the site, based on the higher of two contractor's quotes for removal that
are provided by the permittee.
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10. Adverse Impacts on Adjacent Properties. Permittee shall undertake all
reasonable efforts to avoid undue adverse impacts to adjacent properties
and/or uses that may arise from the construction, operation, maintenance,
modification, and removal of the facility.
11. Noninterference. Permittee shall not move, alter, temporarily relocate,
change, or interfere with any existing structure, improvement, or property
without the prior consent of the owner of that structure, improvement, or
property. No structure, improvement, or property owned by the City shall
be moved to accommodate a permitted activity or encroachment, unless
the City determines that such movement will not adversely affect the City
or any surrounding businesses or residents, and the Permittee pays all
costs and expenses related to the relocation of the City's structure,
improvement, or property. Prior to commencement of any work pursuant
to a permit, the Permittee shall provide the City with documentation
establishing to the city's satisfaction that the Permittee has the legal right
to use or interfere with any other structure, improvement, or property within
the public right-of-way or city utility easement to be affected by Permittee's
facilities.
12. Radio Frequency (RF) Exposure Compliance. All facilities must comply
with all standards and regulations of the FCC and any other state or federal
government agency with the authority to regulate RF exposure standards.
After transmitter and antenna system optimization, but prior to unattended
operations of the facility, permittee must certify post -installation RF
emissions testing to demonstrate actual compliance with the FCC OET
Bulletin 65 RF emissions safety rules for general population/uncontrolled
RF exposure in all sectors.
13. Testing. Except for emergency repairs, testing and maintenance activities
of any equipment shall take place on weekdays only, and only between the
hours of 8:00 a.m. and 5:00 p.m., except that testing is prohibited on
holidays that fall on a weekday. In addition, testing is prohibited on
weekend days.
14. Modifications. No changes shall be made to the approved plans without
review and approval in accordance with this Article.
15. Noise. Noise originating from any equipment shall be mitigated to the
extent necessary to ensure compliance with applicable noise limitations
under the Burlingame Municipal Code.
16. Backup Generators. Backup generators shall only be operated during
periods of power outages or for testing during a set period.
17. Abandonment. If a facility is not operated for a continuous period of twelve
(12) months, this permit and any other permit or approval therefor shall be
deemed abandoned and terminated automatically, unless before the end
of the twelve (12) month period (i) the Reviewing Authority has determined
that the facility has resumed operations, or (ii) the City has received an
application to transfer the permit to another service provider. No later than
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RESOLUTION NO. 090-2021
ninety (90) days from the date the facility is determined to have ceased
operation or the permittee has notified the Reviewing Authority of its intent
to vacate the site, the permittee shall remove all equipment and
improvements associated with the use and shall restore the site to its
original condition to the satisfaction of the Reviewing Authority. The
permittee shall provide written verification of the removal of the facilities
within thirty (30) days of the date the removal is completed. If the facility is
not removed within thirty (30) days after the permit has been discontinued
pursuant to this subsection, the site shall be deemed to be a nuisance, and
the City may cause the facility to be removed at permittee's expense or by
calling any bond or other financial assurance to pay for removal. If there
are two (2) or more users of a single facility or support structure, then this
provision shall apply to the specific elements or parts thereof that were
abandoned, but will not be effective for the entirety thereof until all users
cease use thereof.
18. Records. The permittee must maintain complete and accurate copies of
all permits and other regulatory approvals issued in connection with
the facility, which includes without limitation this approval, the approved
plans and photo simulations incorporated into this approval, all conditions
associated with this approval and any ministerial permits or approvals
issued in connection with this approval. In the event that the permittee does
not maintain such records as required in this condition or fails to produce
true and complete copies of such records within a reasonable time after a
written request from the city, any ambiguities or uncertainties that would be
resolved through an inspection of the missing records will be construed
against the permittee.
19. Attorney's Fees. In the event the City determines that it is necessary to take
legal action to enforce any of these conditions, or to revoke a permit, and
such legal action is taken, the Permittee shall be required to pay any and
all costs of such legal action, including reasonable attorney's fees, incurred
by the City, even if the matter is not prosecuted to a final judgment or is
amicably resolved, unless the City should otherwise agree with Permittee
to waive said fees or any part thereof. The foregoing shall not apply if the
Permittee prevails in the enforcement proceeding.
20. City Business License. The permittee shall procure and maintain a City
business license, contact information for the permittee, for the agent
responsible for maintenance of the facilities and for emergency contact.
21. Maintenance. The site and the facility, including, but not limited to, all
landscaping, fencing, and related transmission equipment, must be
maintained in a neat and clean manner and in accordance with all approved
plans. All wireless facilities shall be operated and maintained in
compliance with the following requirements:
a. Where applicable and feasible, each wireless facility site shall have
a sign visible from a publicly accessible area, identifying the name,
address, twenty-four (24) hour local or toll -free contact telephone
number for both the permittee and the party responsible for
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RESOLUTION NO. 090-2021
maintenance of the facility. Information shall be updated in the
event of any changes.
b. Current contact information of the person or entity responsible for
maintaining and repairing the facility shall be provided to and
maintained by the Community Development Department.
C. Wireless facilities and sites shall be kept clean and free of graffiti,
fitter and debris. Lighting, fences, shields, cabinets, and poles, shall
be maintained in good repair and free of graffiti and other forms of
vandalism, and any damage from any cause, including degradation
from wind and weather, shall be repaired as soon as reasonably
possible to minimize occurrences of dangerous conditions or visual
blight. Graffiti shall be removed from any facility as soon as
practicable, and in no instance more than five (5) business days
from the time of notification by any person or entity, unless the City
at its sole discretion extends the time period for good cause.
d. Where applicable, the owner or provider of wireless facilities shall
be responsible for maintaining landscaping in accordance with the
approved landscape plan and for replacing any damaged or dead
trees, foliage, or other landscaping elements shown on the
approved plan. A landscape performance and maintenance
agreement with the City may be required to ensure the installation
and establishment of the landscaping. Amendments or
modifications to the landscape plan shall be submitted to the
reviewing authority for approval.
e. To the greatest extent technically feasible, wireless facilities shall
be operated in a manner that will minimize noise impacts to
surrounding properties.
B. Supplemental conditions of approval for wireless facilities in public rights -of -way.
In addition to the conditions provided in the previous subsection, if applicable, all
permits for wireless facilities in the public rights -of -way shall be subject to the
following additional conditions, unless modified in writing by the approving
authority:
No Right, Title, or Interest. The permission granted by this permit shall not
in any event constitute an easement on or an encumbrance against the
public right-of-way. No right, title, or interest (including franchise interest)
in the public right-of-way, or any part thereof, shall vest or accrue in
Permittee by reason of this permit or the issuance of any other permit or
exercise of any privilege given thereby.
2. No Possessory Interest. No possessory interest is created by this permit.
However, to the extent that a possessory interest is deemed created by a
governmental entity with taxation authority, Permittee acknowledges that
City has given to Permittee notice pursuant to California Revenue and
Taxation Code Section 107.6 that the use or occupancy of any public
property pursuant to this permit may create a possessory interest which
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RESOLUTION NO. 090-2021
may be subject to the payment of property taxes levied upon such interest.
Permittee shall be solely liable for, and shall pay and discharge prior to
delinquency, any and all possessory interact taxes or other taxes, fees, and
assessments levied against Permittee's right to possession, occupancy, or
use of any public property pursuant to any right of possession, occupancy,
or use created by this permit.
3. Agreement with City. If not already completed, permittee shall enter into
the appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, or operating a facility on Municipal Infrastructure.
This permit is not a substitute for such agreement.
4. Conflicts with Improvements. For all facilities located within the public right-
of-way, the permittee shall remove or relocate, at its expense and without
expense to the city, any or all of its facilities when such removal or
relocation is deemed necessary by the city by reason of any change of
grade, alignment, or width of any right-of-way, for installation of services,
water pipes, drains, storm drains, power or signal lines, traffic control
devices, right-of-way improvements, or for any other construction, repair,
or improvement to the right-of-way.
C. Conditions of approval for eligible facilities requests. In addition to the conditions
provided in the previous subsections, if applicable, all use permits for an eligible
facility request shall be subject to the following additional conditions, unless
modified in writing by the approving authority:
1. Permit subject to conditions of underlying permit. Any permit or wireless
communication facility permit granted in response to an application
qualifying as an eligible facilities request shall be subject to the terms and
conditions of the underlying permit to the extent allowed by law.
2. No permit term extension. The City's grant or grant by operation of law of
an eligible facilities request permit constitutes a federally mandated
modification to the underlying permit or approval for the subject tower or
base station. Notwithstanding any permit duration established in another
permit condition, the City's grant or grant by operation of law of a eligible
facilities request permit will not extend the permit term for the underlying
permit or any other underlying regulatory approval, and its term shall be
coterminous with the underlying permit or other regulatory approval for the
subject tower or base station or ten (10) years, whichever is shorter.
6. Pursuant to Title 14 of the California Code of Regulations, the City Council of the City of
Burlingame hereby finds the approval of this Resolution is exempt from CEQA because
this Resolution is not a "project" within the meaning of Section 15378 of the State CEQA
Guidelines, because it has no potential for resulting in direct or indirect physical change in
the environment. Rather, only after an application is filed that CEQA would be implicated.
Further, even if the Resolution were interpreted to permit a "project," any applicable
wireless facility would likely be exempt from CEQA review in accordance with State CEQA
Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section
15303 (new construction or conversion of small structures), and/or State CEQA Guidelines
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RESOLUTION NO. 090-2021
section 15304 (minor alterations to land). In addition, the Resolution is not subject to
CEQA pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with
certainty that there is no possibility the Resolution may have a significant effect on the
environment, in that the Resolution will not necessarily result in the actual installation of
any facilities in the City.
7. If any provision of this Resolution or its application to any person or circumstance is held
invalid, such invalidity has no effect on the other provisions or applications of the
Resolution that can be given effect without the invalid provision or application, and to this
extent, the provisions of this Resolution are severable. The City Council declares that it
would have adopted this Resolution irrespective of the invalidity of any portion thereof.
8. The City Clerk shall certify to the adoption of this Resolution and cause it, or a summary
of it, to be published once within fifteen 15 days of adoption in a newspaper of general
circulation printed and published within the City of Burlingame, and shall post a certified
copy of this Resolution, including the vote for and against the same, in the Office of the
City Clerk in accordance with California Government Code Section 36933.
9. The documents and materials associated with this Resolution that constitute the record of
proceedings on which the City Council's findings and determinations are based are
located at Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010.
10, The City Clerk small certify the adoption of this Resolution and cause it, or a summary of
it, to be published as required by law.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become
effective immediately upon its passage and adoption.
Ann O'Brien 19
hran, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 6th day of July, 2021
by the following vote:
AYES: COUNCILMEMBERS: BEACH, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: BROWNRIGG
ABSENT: COUNCILMEMBERS: NONE
"D"ocuSigned by:
SD4vU84C3D80E7449...
Meaghan Hassel -Shearer, City Clerk
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