HomeMy WebLinkAbout2019-11-26 - ORDINANCES - AMENDING SC MUNICODE CHAPTER 17.69 FOR THE REGULAT (2)ORDINANCE NO. 19-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING SANTA CLARITA MUNICIPAL CODE CHAPTER 17.69
FOR THE REGULATION OF SMALL WIRELESS FACILITIES AND OTHER
INFRASTRUCTURE DEPLOYMENTS IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following
findings of fact:
A. On September 5, 2019, the City of Santa Clarita (City) (Applicant) initiated an
application (Master Case (MC) No. 19-178 and Unified Development Code (UDC)
Amendment No. 19-002) to create the Small Wireless Facility Policy (Policy)
(Project) to ensure consistency with federal and state regulations and the General
Plan, as required by state law. A copy of the proposed Policy is incorporated to this
ordinance as "Exhibit A" and a copy of the UDC amendment is incorporated to this
ordinance as "Exhibit B."
B. Pursuant to the California Constitution, Article XI, section 7, California Government
Code section 37100, and other applicable law, the City Council may make and
enforce within its limits all local, police, sanitary, and other ordinances, resolutions,
and other regulations not in conflict with general laws.
C. On June 16, 2013, the City Council adopted Ordinance No. 13-08 to add Chapter
17.69, Wireless Communications Facilities and Satellite Dish Antennas, to the Santa
Clarita Municipal Code, which the City subsequently amended in 2015, pursuant to
Ordinance No. 15-11.
D. Since the City Council last amended Chapter 17.69, significant changes have
occurred in federal laws that affect local authority over personal wireless service
facilities and other related infrastructure deployments, including, but not limited to,
the following:
On August 2, 2018, the Federal Communications Commission (FCC) adopted a
Third Report and Order and Declaratory Ruling in the rulemaking proceeding
titled Accelerating Wireline and Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018)
(the August Order), that formally prohibited express and de facto moratoria for
all personal wireless services, telecommunications services, and their related
facilities under 47 U.S.C. § 253(a), and directed the Wireless
Telecommunications Bureau and Wireline Competition Bureau to hear and
resolve all complaints on an expedited basis; and
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• On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report
and Order in the same rulemaking proceeding, FCC 18-133 (rel. Sep. 27, 2018)
(the September Order), which, among other things, creates a new regulatory
classification for small wireless facilities, alters existing "shot clock" (time frame)
regulations to require local public agencies to do more in less time, establishes a
national standard for an effective prohibition that replaces the existing "significant
gap" test adopted by the United States Court of Appeals for the Ninth Circuit,
and provides that a failure to act within the applicable timeframe presumptively
constitutes an effective prohibition.
E. In addition to the changes described above, local authority may be further impacted
by other pending legislative, judicial, and regulatory proceedings, including, but not
limited to:
• The "STREAMLINE Small Cell Deployment Act" (S. 3157) proposed by Senator
John Thune that, among other things, would apply specifically to small wireless
facilities, and require local governments to review applications based on objective
standards, shorten the shot clock, require all local undertakings to occur within the
shot clock limits, and provide a "deemed granted" remedy for failure to act within
the applicable shot clock;
• Further orders and/or declaratory rulings by the FCC from the same rulemaking
proceeding as the August Order and September Order; and
• Multiple petitions for reconsideration and judicial review filed by state and local
governments against the August Order and September Order, which could cause
the rules in either order to change or be invalidated.
F. Given the rapid and substantial changes in applicable law, the federal prohibition on
reasonable moratorium ordinances to allow local public agencies to study these
changes and develop appropriate responses, and the significant adverse consequences
for noncompliance with these changes in applicable law, the City Council desires to
amend the Santa Clarita Municipal Code (SCMC) to allow greater flexibility and
responsiveness to new federal and state laws in order to preserve the City's traditional
authority to the maximum extent practicable.
G. On October 1, 2019, the Planning Commission held a duly noticed Public Hearing on
this ordinance, reviewed and considered the staff report, other written reports, public
testimony, and other information contained in the record, and, in a 5-0 vote, approved
MC No. 19-178, which consists of UDC Amendment No. 19-002, recommending that
the City Council adopt an ordinance amending Section 17.69.035 of the SCMC and
adopt the Small Wireless Facility Policy.
H. On November 12, 2019, the City Council held a duly noticed Public Hearing on this
ordinance, reviewed and considered the staff report, other written reports, public
testimony, and other information contained in the record, and approved MC No.
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19-178, and adopted an ordinance which consists of UDC Amendment No. 19-002,
amending Section 17.69.035 of the SCMC, and adopted the Small Wireless Facility
Policy.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. The
City Council has reviewed and considered the Initial Study prepared for the Project, and finds
and determines as follows:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines § 15061(b)(3), the
City Council finds that there is no possibility that this Project will have a significant impact
on the physical environment. This ordinance merely amends the SCMC to authorize the City
Council to regulate small wireless facilities and other infrastructure deployments. This ordinance
does not directly or indirectly authorize or approve any actual changes in the physical
environment. Applications for any new small wireless facility or other infrastructure deployment,
and/or change to an existing small wireless facility or other infrastructure deployment, would be
subject to additional environmental review on a case -by -case basis. Accordingly, the City
Council finds that this ordinance would be exempt from CEQA under the General Rule.
SECTION 3. GENERAL FINDINGS FOR UDC Amendment No. 19-002. Based on
the above findings of facts, recitals, and the entire record, including, without limitation, oral
and written testimony, and other evidence received at the Public Hearings, reports and other
transmittals from City staff to the City Council, and upon studies and investigations made by
the City Council, the City Council finds as follows:
A. The proposal is consistent with the General Plan;
The Project is consistent with the General Plan because the proposed Policy carries
out a number of General Plan policies and objectives, including the expansion of
wireless telecommunications facilities. The Land Use Element of the General Plan
dictates that the City expand infrastructure to attract and sustain new business. Land
Use Policy LU 4.4.1 encourages the extension of state-of-the-art communication
facilities to serve commercial and industrial areas, including wireless
telecommunications facilities. The proposed Policy is consistent with Land Use
Policy LU 4.4.1 by incorporating language that ensures compliance with the FCC
orders and/or declaratory rulings, which establish guidelines to expedite the
deployment of wireless telecommunications infrastructure by setting standards for the
streamlined processing of small wireless facilities within the public right-of-way.
B. The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the UDC;
The proposed Policy is a regulatory document that would ensure compliance with
FCC regulations by allowing for the installation of small wireless facilities within the
public right-of-way and does not include a proposal for physical development. All
applications for small wireless facilities would be evaluated individually for
consistency with the proposed Policy.
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C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the
vicinity and zone in which the property is located; and
Nothing contained in the proposed Policy would endanger, jeopardize, or otherwise
constitute a hazard to the public because the Project is regulatory in nature and the
resulting document would modify applicable sections and provisions of the UDC to
ensure compliance with federal regulations by allowing for the installation of small
wireless facilities within the public right-of-way. Further, the proposed Policy would
not result in the disturbance of land or the physical development of any property and
would be consistent with the provisions of the General Plan.
D. The proposal is physically suitable for the site. The factors related to the proposal's
physical suitabilityfor the site shall include, but are not limited to, the following:
1. The design, location, shape, size, and operating characteristics are suitable for
the proposed use;
2. The highways or streets that provide access to the site are of sufficient width and
are improved as necessary to carry the kind and quantity of traffic such proposal
would generate;
3. Public protection service (e.g., Fire protection, Sheriffs protection, etc.) are
readily available;
4. The provision of utilities (e.g. potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is
adequate to serve the site.
The proposed Policy is a regulatory document that implements policies and objectives
of the General Plan and incorporates code language to ensure compliance with federal
regulations. The Project does not propose land uses that would generate traffic
volumes in excess of that anticipated in the General Plan, and further does not
propose changes to the existing highways or streets that provide access to sites
throughout the planning area. The City is currently served by the Los Angeles County
Fire Department and the Los Angeles County Sheriff s Department, both of which
provide adequate service levels. The City is likewise served by all applicable utilities.
Nothing in the proposed Policy would increase the need for fire or police protection
services, nor would the Project increase demand for utilities.
SECTION 4. ADDITIONAL FINDINGS FOR UDC AMENDMENT NO. 19-002. Based
on the above findings of facts, recitals, and the entire record, including, without limitation, oral
and written testimony and other evidence received at the Public Hearings, reports and other
transmittals from City staff to the City Council, and upon studies and investigations made by the
City Council, the City Council finds as follows for UDC Amendment No. 19-002, in accordance
with UDC Section 17.28.1201
A. The amendment is consistent with the adjacent area, if applicable;
B. The amendment is consistent with the principles of the General Plan;
C. Approval of the amendment will be in the interest of public health, convenience,
safety, and general welfare, and in conformity with good zoning practice;
D. The amendment is consistent with other applicable provisions of this code; and
E. It is necessary to implement the General Plan and/or that the public convenience, the
general welfare or good zoning practice justifies such action.
The proposed UDC amendment modifies the existing UDC for the City and serves to
implement the General Plan. The Project is consistent with the General Plan because
the proposed Policy carries out a number of General Plan policies and objectives,
including the expansion of telecommunications facilities. The Land Use Element of
the General Plan dictates that the City expand infrastructure to attract and sustain new
business. Land Use Policy LU 4.4.1 encourages the extension of state -of the -art
communication facilities to serve commercial and industrial areas, including wireless
telecommunications facilities. The proposed Policy is consistent with Land Use
Policy LU 4.4.1 by incorporating language that ensures compliance with FCC rulings,
which establish guidelines to expedite the deployment of small wireless facilities by
setting standards for the streamlined processing of this infrastructure. The approval of
the proposed Policy would result in a document that is consistent with the General
Plan and would therefore be justified by serving the general welfare of the public and
serve as good zoning practice.
SECTION 5. CONFLICTS WITH PRIOR ORDINANCES. If the provisions in this
ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior
to the effective date, the provisions in this ordinance will control.
SECTION 6. SEVERABILITY. If any section, subsection, paragraph, sentence, clause,
phrase, or term (each a provision) in this ordinance, or any provision's application to any person
or circumstance, is held illegal, invalid, or unconstitutional by a court of competent jurisdiction,
all other provisions not held illegal, invalid, or unconstitutional, or such provision's application
to other persons or circumstances, shall not be affected. The City Council declares that it would
have passed this ordinance, and each provision therein, whether any one or more of the
provisions be declared illegal, invalid, or unconstitutional.
SECTION 7. The City Council hereby approves MC No. 19-178, which consists of UDC
Amendment No. 19-002 and adopts the Small Wireless Facilities Policy.
SECTION 8. EFFECTIVE DATE. This ordinance shall become effective 30 days after its
passage and adoption.
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SECTION 9. PUBLICATION. The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 26 h day of November, 2019.
ATTEST:
CITY CLERK
CLERK
DATE: AV
(9/
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I. Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 19-10 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12" day of November, 2019. That thereafter, said
ordinance was duly passed and adopted at a regular meeting of the City Council on the 26'
day of November 2019, by the following vote, to wit:
AYES: COUNCILMEMBERS: Weste, Kellar, Smyth, Miranda. McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 19-10
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
0
Number _
City of Santa Clarita
POLICY/PROCEDURE
SUBJECT: Small Wireless Facilities
EXHIBIT A
ORIGINAL ISSUE: 11/26/2019 1 EFFECTIVE: 12/27/2019 1 CATEGORY: Administration
RESPONSIBLE DEPARTMENT: Community Development
I. BACKGROUND AND INTRODUCTION
In 1996, Congress adopted the Federal Telecommunications Act (FTA) to balance the national
interest in advanced communications services and infrastructure with legitimate local
government authority to enforce zoning and other regulations to manage infrastructure
deployments on private property and in the public right-of-way. Under FTA Section 704,
which applies to personal wireless service facilities (i.e., cell sites), local governments retain all
traditional zoning authority subject to specifically enumerated limitations.' FTA Section 253
preempts local regulations that prohibit or effectively prohibit telecommunication services (i.e.,
common carrier services), except competitively neutral and nondiscriminatory regulations to
manage the public right-of-way and require fair and reasonable compensation.
Communication technologies have significantly changed since 1996. Whereas cell sites were
traditionally deployed on tall towers and rooftops over low frequency bands that travel long
distances, cell sites are increasingly installed on streetlights and utility infrastructure on new
frequency bands that travel shorter distances. According to the Federal Communications
Commission (FCC) and the wireless industry, these so-called "small wireless facilities" or "small
cells" are essential to the next technological evolution. The industry currently estimates that each
national carrier will need to deploy between 30 and 60 small cells, connected by approximately
eight miles of fiber optic cable per square mile.
On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order,
FCC 18-133 (Small Cell Order), in connection with two informal rulemaking proceedings
entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by
Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. In general, the Small
Cell Order: (1) restricts the fees and other compensation state and local governments may receive
from applicants; (2) requires all aesthetic regulations to be reasonable, no more burdensome
than those applied to other infrastructure deployments, objective, and published in advance;
(3) mandates that local officials negotiate access agreements, review permit applications, and
conduct any appeals within significantly shorter timeframes; and (4) creates new evidentiary
presumptions that make it more difficult for local governments to defend themselves if an action
or failure to act is challenged in court. The regulations adopted in the Small Cell Order
' Local zoning regulations cannot prohibit or effectively prohibit personal wireless services, unreasonably
discriminate among functionally equivalent services or regulate based on environmental impacts from
radiofrequency (RF) emissions. In addition, local decisions must be made within a reasonable time and any denial
requires a written decision based on substantial evidence in the written record.
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significantly curtail the local authority over wireless and wireline communication facilities
reserved to state and local governments under FTA Sections 253 and 704 of the Federal
Telecommunications Act.
II. PURPOSE
(a) The City of Santa Clarita (City) intends a Small Wireless Facilities Policy (Policy) to establish
reasonable, uniform, and comprehensive standards and procedures for small wireless facilities
deployment, construction, installation, collocation, modification, operation, relocation, and
removal within the City's territorial boundaries, consistent with and to the extent permitted
under federal and state law. The standards and procedures contained in this Policy are intended
to, and should be applied to, protect and promote public health, safety, and welfare, and balance
the benefits that flow from robust, advanced wireless services with the City's local values,
which include, without limitation, the aesthetic character of the City, its neighborhoods, and
community. This Policy is also intended to reflect and promote the community interest by (1)
ensuring that the balance between public and private interests is maintained; (2) protecting the
City's visual character from potential adverse impacts and/or visual blight created or exacerbated
by small wireless facilities and related communications infrastructure; (3) protecting and
preserving the City's environmental resources; (4) protecting and preserving the City's public
right-of-way and municipal infrastructure located within the City's public right=of--way; and (5)
promoting access to high -quality, advanced wireless services for the City's residents, businesses,
and visitors.
(b) This Policy is intended to establish clear procedures for application intake and completeness
review. The Santa Clarita City Council finds that chronically incomplete applications
significantly contribute to unreasonable delay and create barriers to infrastructure deployment.
Chronically incomplete applications unfairly prejudice other applicants who may be prepared to
submit complete applications for infrastructure in the same or substantially the same location.
Chronically incomplete applications also unfairly prejudice the City's ability to act on such
applications within the "presumptively reasonable" timeframes established by the FCC. The
provisions in this Policy afford applicants and City staff opportunities for direct, real-time
communication about completeness issues to mitigate incomplete applications prior to submittal.
The provisions in this Policy also encourage applicants to timely respond to incomplete notices.
(c) This Policy is intended to establish regulations, standards, and guidelines for all infrastructure
deployments, unless specifically prohibited by applicable law. The City Council recognizes
that different infrastructure deployments may be managed through other mechanisms, such
as franchise or license agreements. Although such deployments may be exempt from the
"Administrative Permit" established in this Policy, the City Council intends that the City official
or department that administers such deployment shall apply the same regulations, standards, and
guidelines to the permit or other approval issued in connection with a request for authorization
under such franchise, license, or other agreement. The City Council also recognizes that different
infrastructure deployments may have different impacts on the public right-of-way that require
different regulations, standards, or guidelines to protect public health, safety, and welfare.
However, to the extent that different regulations, standards, or guidelines are applied to small
wireless facilities or other infrastructure deployments, the City Council intends that one set be
no more burdensome that the other when viewed under the totality of the circumstances.
(d) This Policy is not intended to, nor shall it be interpreted or applied to (1) prohibit or effectively
prohibit any personal wireless service provider's ability to provide personal wireless services;
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(2) prohibit or effectively prohibit any entity's ability to provide any telecommunications
service, subject to any competitively neutral and nondiscriminatory rules, regulations, or other
legal requirements for right-of-way management; (3) unreasonably discriminate among providers
of functionally equivalent personal wireless services; (4) deny any request for authorization to
place, construct, or modify personal wireless service facilities on the basis of environmental
effects of radio frequency emissions to the extent that such wireless facilities comply with the
FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that
the City may not deny under federal or state law; (6) impose any unreasonable, discriminatory,
or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee
is charged; or (7) otherwise authorize the City to preempt any applicable federal or state law.
III. DEFINITIONS
The definitions in this Section III will be applicable to the terms, phrases and, words this Policy.
Undefined terms, phrases, or words will have the meaning assigned to them in the Santa Clarita
Municipal Code or, if not defined therein, will have their ordinary meanings. If any definition
assigned to any term, phrase, or word in this Section III conflicts with any federal or state -
mandated definition, the federal or state -mandated definition will control.
"Accessory equipment" means equipment other than antennas used in connection with a small
wireless facility or other infrastructure deployment. The term includes "transmission equipment"
as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended or superseded, and
"antenna equipment" as defined by the FCC in 47 C.F.R. § 1.6002(c), as may be amended or
superseded.
"Administrative Permit" means a permit issued by the City, pursuant to the standards and
procedures in this Policy, as a precondition to the construction, placement, and/or modification
of any small wireless facility in the public right-of-way.
"Antenna" means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended
or superseded.
"Arterials" means a street designed to provide a high degree of mobility as major traffic carriers
with access to collectors and some local streets. These roadways are referred to as "highways" in
the Los Angeles County Highway Plan, a component of the Countywide General Plan, and in the
Santa Clarita General Plan. Arterials are typically the widest streets in terms of right-of-way and
pavement width, and generally have the highest speed limits. Arterials may be further classified
as major or secondary, based on their width and capacity. The term "arterials" as used in this
Policy is defined in the Santa Clarita General Plan Circulation Element, Part 1, Section C.
"Batched application" means more than one application submitted at the same time.
"Collectors" means a street designed to connect local streets with arterials and also provide
access to adjacent land uses, thus balancing mobility with access. While a collector is not as wide
as an arterial, it is often wider than local streets in terms of right-of-way and lane width. The
term "collectors" as used in this Policy is defined in the Santa Clarita General Plan Circulation
Element, Part 1, Section C.
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"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be
amended or superseded.
"CPUC" means the State Public Utilities Commission established in the State Constitution,
Article XII, § 5, or its duly appointed successor agency.
"Decorative pole" means any pole that includes decorative or ornamental features, design
elements, and/or materials intended to enhance the appearance of the pole or the public right-
of-way in which the pole is located.
"Encroachment Permit" means a permit issued by the City, pursuant to the standards and
procedures in this Policy, as a precondition to the construction, placement, and/or modification
of any small wireless facility in the public right-of-way.
"FCC" means the Federal Communications Commission or its duly appointed successor agency.
"FCC Shot Clock" means the presumptively reasonable time frame, accounting for any tolling
or extension, within which the City generally must act on a request for authorization in
connection with a personal wireless service facility, as such time frame is defined by the FCC
and as may be amended or superseded.
"Local street" means a street designed to provide access to adjacent land uses exclusively,
and are not designed or intended to carry through -traffic or allow for high speeds. Typically,
residential streets within neighborhoods are designed as local streets. The term "local street,"
as used in this Policy, is defined in the Santa Clarita General Plan Circulation Element, Part 1,
Section C.
"Ministerial permit" means any City -issued non -discretionary permit required to commence or
complete any construction or other activity subject to the City's jurisdiction. Ministerial permits
may include, without limitation, any Building Permit, construction permit, electrical permit,
excavation permit, traffic control permit, Encroachment Permit and/or any similar over-the-
counter approval issued by the City's departments.
"OTARD" means an "over -the -air reception device" and includes all antennas and antenna
supports covered by 47 C.F.R. § 1.4000(a)(1), as may be amended or superseded.
"Personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(A), as may
be amended or superseded.
"Personal wireless service facilities" means the same as defined in 47 U.S.C. §
332(c)(7)(C)(A), as may be amended or superseded.
"Pole License Agreement" means the City's form contract that grants authorized telephone
corporations and/or cable service providers property rights to attach wireless equipment to City -
owned or controlled support structures within the public right-of-way.
"Public right-of-way" or "public rights -of -way" means land or an interest in land which by
deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or
dedicated to or open to the use by the general public for road or highway purposes. The term
does not include private or public utility easements unless such easement is reserved for or
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dedicated to or open to the use by the general public for road or highway purposes.
"RF" means radio frequency or electromagnetic waves.
"Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or
superseded.
"Shot clock days" means calendar days counted toward the presumptively reasonable time under
the applicable FCC Shot Clock. The term "shot clock days" does not include any calendar days
on which the FCC Shot Clock is tolled. As an illustration and not a limitation, if an applicant
applies on February 1, receives a valid incomplete notice on February 5, and then resubmits on
February 20, only four "shot clock days" have elapsed because the time between the incomplete
notice and resubmittal are not counted.
"Small wireless facility" means the same as defined by the FCC in 47 C.F.R. § 1.6002(1), as
may be amended or superseded.
"Support structure" means a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m), as
may be amended or superseded, which defines that term to mean a pole, tower, base station, or
other building, whether or not it has an existing antenna facility, that is used or to be used for
the provision of personal wireless service (whether on its own or comingled with other types
of services).
"Technically infeasible" means a circumstance in which compliance with a specific requirement
within this Policy is physically impossible and not merely more difficult or expensive than a
noncompliant alternative.
"Underground District" means any area in the City within which overhead wires, cables,
cabinets, and associated overhead equipment, appurtenances, and other improvements are either:
(1) prohibited by ordinance, resolution, or other applicable law; (2) scheduled to be relocated
underground within 18 months from the time an application is submitted; or (3) primarily located
underground at the time an application is submitted.
IV. APPLICABILITY
(a) Small Wireless Facilities. Except as expressly provided otherwise, the provisions in this Policy
shall be applicable to all existing small wireless facilities and all applications and requests for
authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate,
remove, or otherwise deploy small wireless facilities within the public right-of-way within the
City's jurisdictional and territorial boundaries.
(b) Other Infrastructure Deployments. To the extent that other infrastructure deployments,
including, without limitation, any deployments that require approval pursuant to Santa Clarita
Municipal Code Chapter 13.18 or involve the same or substantially similar structures, apparatus,
antennas, equipment, fixtures, cabinets, cables, or improvements, the Director of Public Works,
or his or her designee, shall apply the provisions in this Policy unless specifically prohibited by
applicable law.
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V. REQUIRED PERMIT a AND APPROVALS
(a) Administrative Permit. An Administrative Permit, subject to the Director of Community
Development's review and approval in accordance with this Policy, shall be required for all
small wireless facilities and other infrastructure deployments located in whole or in part within
the public right-of-way.
(b) Exemptions. Notwithstanding anything in this Policy to the contrary, an Administrative Permit
shall not be required for:
(1) wireless facilities or other infrastructure deployments owned and operated by the City for
its use;
(2) OTARD facilities;
(3) requests for approval to collocate, replace, or remove transmission equipment at an existing
wireless tower or base station, pursuant to Section 6409; however, will be subject to the
current FCC rules and regulations "eligible facilities requests," as defined by the FCC and
as may be amended or superseded; or
(4) wireless facilities or other infrastructure deployments covered by a valid franchise, Pole
License Agreement, or other encroachment agreement between the applicant and the City.
(c) Other Permits and Approvals. In addition to an Administrative Permit, the applicant must
obtain all other permits and regulatory approvals as may be required by any other federal, state,
or local government agencies, which includes, without limitation, any ministerial permits and/or
other approvals issued by other City departments or divisions. Any Administrative Permit
granted under this Policy shall remain subject to all lawful conditions and/or legal requirements
associated with such other permits or approvals. Furthermore, and to avoid potential confusion,
an exemption from the Administrative Permit requirement under Section V(b) does not exempt
the same wireless facilities or other infrastructure deployments from any other permits or
approvals, which includes, without limitation, any ministerial permits from the City.
VI. APPLICATION AND REVIEW PROCEDURES
(a) Application Requirements for Small Wireless Facilities. In addition to any other publicly -
stated requirements, all Administrative Permit applications for small wireless facilities must be
submitted to the City's Planning Division, and must include the following information and
materials:
(1) Application Form. The applicant shall submit a complete, duly executed Administrative
Permit application on the then -current form prepared by the Director of Community
Development.
(2) Application Fee. The applicant shall submit the Administrative Permit application fee
established by the City Council resolution. Batched applications must include the
Administrative Permit application fee for each small wireless facility in the batch.
(3) Construction Drawings. The applicant shall submit true and correct construction drawings,
prepared, signed, and stamped by a licensed or registered engineer, that depict all the
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existing and proposed improvements, equipment, and conditions related to the proposed
Project, which includes, without limitation, any and all poles, posts, pedestals, traffic
signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains,
handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees, and other
landscape features. The construction drawings must (1) contain cut sheets that contain the
technical specifications for all existing and proposed antennas and accessory equipment,
which includes, without limitation, the manufacturer, model number, and physical
dimensions; (2) identify all potential support structures within 500 feet from the proposed
project site and call out such structures' overall height above ground level; (3) depict the
applicant's preliminary plan for electric and data backhaul utilities, which shall include
the anticipated locations for all conduits, cables, wires, handholes, junctions, transformers,
meters, disconnect switches, and points of connection; and (4) demonstrate that the
proposed project will be in full compliance with all applicable health and safety laws,
regulations, or other rules, which includes, without limitation, all building codes, electric
codes, local street standards and specifications, and public utility regulations and orders.
(4) Site Survey. For any small wireless facility, the applicant shall submit a survey prepared,
signed, and stamped by a licensed or registered engineer or land surveyor. The survey must
identify and depict all existing boundaries, encroachments, and other structures within
75 feet from the proposed project site and any new improvements, which includes, without
limitation, all (1) traffic lanes; (2) all private properties and property lines; (3) above and
below -grade utilities and related structures and encroachments; (4) fire hydrants, roadside
call boxes, and other public safety infrastructure; (5) streetlights, decorative poles, traffic
signals, and permanent signage; (6) sidewalks, driveways, parkways, curbs, gutters, and
storm drains; (7) benches, trash cans, mailboxes, kiosks, and other street furniture; and
(8) existing trees, planters, and other landscaping features.
(5) Photo Simulations. The applicant shall submit site photographs and photo simulations that
show the existing location and proposed small wireless facility in context from at least three
vantage points within the public streets or other publicly accessible spaces, together with a
vicinity map that shows the proposed site location and the photo location for each vantage
point. At least one simulation must depict the small wireless facility from a vantage point
approximately 50 feet from the proposed support structure or location. The photo
simulations and vicinity map shall be incorporated into the construction plans submitted
with the application.
(6) Project Narrative and Justification. The applicant shall submit a written statement that
explains in plain factual detail whether and why the proposed facility qualifies as a "small
wireless facility," as defined by the FCC in 47 C.F.R. § 1.6002(1). A complete written
narrative analysis will state the applicable standard and all the facts that allow the City to
conclude the standard has been met —bare conclusions not factually supported do not
constitute a complete written analysis. As part of the written statement, the applicant must
also include (1) whether and why the proposed support is a "structure" as defined by the
FCC in 47 C.F.R. § 1.6002(m); and (2) whether and why the proposed wireless facility
meets each required finding for an Administrative Permit, as provided in Section VII(b).
(7) RF Exposure Compliance Report. The applicant shall submit an RF Exposure Compliance
Report (RF Report) that certifies the proposed small wireless facility, both individually and
cumulatively with all other emitters that contribute more than 5% to the cumulative
emissions in in the vicinity (if any), will comply with applicable federal RF exposure
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standards and exposure limits. The RF Report must be prepared and certified by an RF
engineer acceptable to the Director of Community Development. The RF Report must
include the actual frequency and power levels (in watts effective radiated power) for
all existing and proposed antennas at the site, and exhibits that show the location and
orientation of all transmitting antennas and the boundaries of areas with RF exposures in
excess of the uncontrolled/general population limit (as that term is defined by the FCC)
and also the boundaries of areas with RF exposures in excess of the controlled/occupational
limit (as that term is defined by the FCC). Each such boundary shall be clearly marked
and identified for every transmitting antenna at the project site. If the applicant submits
a batched application, a separate RF Report shall be prepared for each facility associated
with the batch.
(8) Regulatory Authorization. The applicant shall submit evidence of the applicant's
regulatory status under federal and state law to provide the services and construct the small
wireless facility proposed in the application.
(9) Pole License Agreement. For any small wireless facility proposed to be installed on any
structure owned or controlled by the City and located within the public right-of-way, the
applicant shall submit an executed Pole License Agreement on a form prepared by the City
that states the terms and conditions for such non-exclusive use by the applicant. No changes
shall be permitted to the City's Pole License Agreement, except as may be indicated on the
form itself or as deemed by the City Manager, in consultation with the City Attorney, to be
immaterial and/or non -substantive. Any unpermitted changes to the City's Pole License
Agreement shall be a basis to deem the application incomplete. Refusal to accept the terms
and conditions in the City's Pole License Agreement shall be an independently sufficient
basis to deny the application without prejudice.
(10) Property Owner's Authorization. For applications on third party -owned support
structures, the applicant must submit a written authorization from the support structure
owner(s) that authorizes the applicant to submit and accept an Administrative Permit in
connection with the subject structure.
(11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified
by a licensed engineer for the proposed small wireless facility and all associated equipment,
including all environmental control units, sump pumps, temporary backup power generators,
and permanent backup power generators demonstrating compliance with the City's noise
regulations. The acoustic analysis must also include an analysis of the manufacturers'
specifications for all noise -emitting equipment and a depiction of the proposed equipment
relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may
submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all
the proposed equipment will not, both individually and cumulatively, exceed the applicable
noise limits.
(12) Structural Analysis. The applicant shall submit a report prepared and certified by an
engineer (or other qualified personnel acceptable to the City) that evaluates whether the
underlying pole or support structure has the structural integrity to support all the proposed
equipment and attachments. At a minimum, the analysis must be consistent with all
applicable requirements in CPUC General Order 95 (including, but not limited to, load
and pole overturning calculations), the National Electric Safety Code, and any safety and
construction standards required by the utility.
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(13) GIS Shapefile and Identification. The applicant shall submit a GIS shapefile and GIS
coordinates for all proposed support structure locations in the deployment. In addition, the
applicant shall provide the streetlight asset tag, utility pole identification number, or other
means of support structure identification for the subject support structure(s).
(b) Voluntary Presubmittal Conference. The City strongly encourages, but does not require,
applicants to schedule and attend a presubmittal conference with City staff. This voluntary
conference does not cause the FCC shot clock to begin. It is intended to (1) streamline the review
process through collaborative, informal discussion that includes, without limitation, the
appropriate project classification and review process; (2) identify any latent issues in connection
with the proposed project and/or project site, including compliance with generally applicable
rules for public health and safety; (3) discover potential concealment issues or concerns (if
applicable); (4) facilitate coordination with other City departments implicated by the proposed
project; and (5) address application completeness issues. Presubmittal conferences are especially
encouraged when an applicant seeks to submit one or more batched applications so that the City
may advise the applicant about any staffing or scheduling issues that may hinder the City's
ability to meet the presumptively reasonable timeframes under the FCC shot clock. To mitigate
unnecessary delays due to application incompleteness, applicants are encouraged (but not
required) to bring any draft applications, plans, maps, or other materials so that City staff may
provide informal feedback and guidance about whether such applications or other materials may
be incomplete or unacceptable in their then -current form. The City will use reasonable efforts
to provide the applicant with an appointment within approximately five working days after
receiving a written request and any applicable fee or deposit to reimburse the City for its
reasonable costs to provide the staff time and services rendered in the presubmittal conference.
(c) Submittal Appointments. All applications must be submitted in person to the City at a pre -
scheduled appointment. Applicants may generally submit one application per appointment,
or up to five individual applications per appointment as a batch. Applicants may schedule
successive appointments for multiple applications whenever feasible and not prejudicial to other
applicants for any other development project as determined by the City. The City shall use
reasonable efforts to offer an appointment within five working days after receiving a written
request from an applicant. Any purported application received without an appointment, whether
delivered in -person, by mail, or through any other means, will not be considered duly filed,
whether the City retains, returns, or destroys the materials received.
(d) Incomplete Applications Deemed Withdrawn. Any application governed under this Policy
shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a
substantive response to the Director of Community Development within 60 calendar days after
the Director of Community Development deems the application incomplete by written notice.
As used in this Subsection (d), a "substantive response" must include, at a minimum, the
complete materials identified as incomplete in the written incomplete notice.
(e) Additional Administrative Requirements and Regulations. The City Council authorizes
the Director of Community Development to develop, publish, and update or amend permit
application requirements, forms, checklists, guidelines, informational handouts, and other related
materials that the Director of Community Development finds necessary, appropriate, or useful
for processing any application governed under this Policy. The City Council further authorizes
the Director of Community Development to establish other reasonable rules and regulations for
duly filed applications, which may include regular hours for appointments and/or submittals
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without appointments, as the Director of Community Development deems necessary or
appropriate to organize, document, and manage the application intake process. All such
requirements, materials, rules, and regulations must be in written form and publicly stated to
provide all interested parties with prior notice.
VII. DECISIONS
(a) Initial Administrative Decision. Not more than 29 shot clock days after the application has
been deemed complete, the Director of Community Development shall approve, conditionally
approve, or deny a complete and duly filed application for an Administrative Permit without a
public hearing.
(b) Required Findings for Approval. The Director of Community Development may approve or
conditionally approve a complete and duly filed application for an Administrative Permit when
the Director of Community Development finds:
(1) the proposed project complies with all applicable design standards in this Policy;
(2) the proposed project would be in the most preferred location within 500 feet from the
proposed site in any direction, or the applicant has demonstrated with clear and convincing
evidence in the written record that any more -preferred location(s) within 500 feet would be
technically infeasible;
(3) the proposed project would be on the most preferred support structure within 500 feet
from the proposed site in any direction, or the applicant has demonstrated with clear and
convincing evidence in the written record that any more -preferred support structure(s) within
500 feet would be technically infeasible;
(4) the proposed project would not be located on a prohibited support structure identified in
this Policy;
(5) if the proposed project involves a wireless facility, the proposed project fits within the
definition for a "small wireless facility" as defined by the FCC; and
(6) if the proposed project involves a wireless facility, the applicant has demonstrated that the
proposed project will be in planned compliance with all applicable FCC regulations and
guidelines for human exposure to RF emissions.
(c) Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or state
laws, nothing in this Policy is intended to limit the Director of Community Development's
ability to conditionally approve or deny without prejudice any Administrative Permit application
as may be necessary or appropriate to ensure compliance with this Policy.
(d) Application Submittal Notice. Upon the date that a submitted application for a small wireless
facility has been deemed complete, the City Council shall receive a notice of application
indicating the name of the applicant and the location of the proposed facility.
(e) Application Decision Notice. Within five calendar days after the City acts on an Administrative
Permit application, the City shall provide written notice to the applicant. If the Director of
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1
Community Development denies an application (with or without prejudice) for a small wireless
facility, the written notice must also contain the reasons for the denial.
(f) Appeals. Any interested person or entity may appeal the decision by the City to the City
Manager; provided that appeals of an approval shall not be permitted when based solely on the
environmental effects from radio frequency emissions that are compliant with applicable FCC
regulations and guidelines. An appeal notice must be filed within 10 calendar days after the date
on the Director of Community Development's decision notice. The notice must contain a short
and plain statement about the basis for the appeal, which may be supplemented after the notice
period has expired but before the appeal hearing. The City Manager shall hear appeals de novo
and issue the applicant, and any person making the appeal, a notice of a written decision within 5
calendar days after the appeal hearing. If the City Manager denies the application on appeal
(whether by affirmation or reversal), the written notice shall contain the reasons for the decision.
VIII. CONDITIONS OF APPROVAL
(a) Standard Conditions. Except as may be authorized in Subsection (b), all Administrative
Permits issued under this Policy shall be automatically subject to the conditions in this
Subsection (a).
(1) Permit Term. This Administrative Permit will automatically expire 10 years and 1 day from
its issuance unless California Government Code § 65964(b) authorizes the City to establish a
shorter term for public safety reasons. Any other permits or approvals issued in connection
with any collocation, modification, or other change to this wireless facility, which includes,
without limitation, any permits or other approvals deemed -granted or deemed -approved
under federal or state law, will not extend this term limit unless expressly provided otherwise
in such permit or approval or required under federal or state law.
(2) Permit Renewal. Not more than one year before this Administrative Permit expires, the
applicant may apply for permit renewal. The applicant must demonstrate that the subject
small wireless facility or other infrastructure deployment complies with all the conditions of
approval associated with this Administrative Permit and all applicable provisions in the Santa
Clarita Municipal Code and this Policy that exist at the time the decision to renew or not
renew is rendered. The Director of Community Development may modify or amend the
conditions on a case -by -case basis as may be necessary or appropriate to ensure compliance
with the Santa Clarita Municipal Code, this Policy, or other applicable law. Upon renewal,
this Administrative Permit will automatically expire 10 years and 1 day from its issuance.
(3) Post -Installation Certification. Within 60 calendar days after the applicant commences
full, unattended operations of a small wireless facility or other infrastructure deployment
approved or deemed -approved, the applicant shall provide documentation reasonably
acceptable to the City that the small wireless facility or other infrastructure deployment
has been installed and/or constructed in strict compliance with the approved construction
drawings and photo simulations. Such documentation shall include without limitation as -built
drawings, GIS data, and site before/after photographs.
(4) Build -Out Period. The Administrative Permit will automatically expire 12 months from the
approval date (the "build -out period") unless the applicant obtains all other permits and
approvals required to install, construct, and/or operate the approved small wireless facility or
other infrastructure deployment, which includes, without limitation, any permits or approvals
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required by the any federal, state, or local public agencies with jurisdiction over the subject
property, support structure, or the small wireless facility or other infrastructure deployment
and its use. The applicant may request in writing, and the City may grant in writing, one
six-month extension if the applicant submits substantial and reliable written evidence
demonstrating justifiable cause for a six-month extension. If the build -out period and any
extension finally expires, the permit shall be automatically void but the applicant may
resubmit a complete application, including all application fees, for the same or substantially
similar project.
(5) Site Maintenance. The applicant shall keep the site, which includes, without limitation, any
and all improvements, equipment, structures, access routes, fences, and landscape features, in
a neat, clean, and safe condition, in accordance with the approved construction drawings and
all conditions in this Administrative Permit. The applicant shall keep the site area free from
all litter and debris at all times. The applicant, at no cost to the City, shall remove and
remediate any graffiti or other vandalism at the site within 48 hours after the applicant
receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
In the event that the applicant fails to timely remove the graffiti, the City may remove the
graffiti at the applicant's expense. The applicant shall reimburse the City for all costs
incurred to remove such graffiti within 30 days after the applicant receives the City's demand
for payment, together with copies of invoices or other evidence to document the costs
incurred.
(6) Compliance with Laws. The applicant shall maintain compliance at all times with all
federal, state, and local statutes, regulations, orders, or other rules that carry the force of law
("laws") applicable to the applicant, the subject property, the small wireless facility, or other
infrastructure deployment or any use or activities in connection with the use authorized in
this Administrative Permit, which includes, without limitation, any laws applicable to human
exposure to RF emissions. The applicant expressly acknowledges and agrees that this
obligation is intended to be broadly construed and that no other specific requirements in these
conditions are intended to reduce, relieve, or otherwise lessen the applicant's obligations to
maintain compliance with all laws. No failure or omission by the City to timely notice,
prompt, or enforce compliance with any applicable provision in the Santa Clarita Municipal
Code, this Policy, any permit, any permit condition, or any applicable law or regulation, shall
be deemed to relieve, waive, or lessen the applicant's obligation to comply in all respects
with all applicable provisions in the Santa Clarita Municipal Code, this Policy, any permit,
any permit condition, or any applicable law or regulation.
(7) Adverse Impacts on Other Properties. The applicant shall use all reasonable efforts to
avoid any and all unreasonable, undue, or unnecessary adverse impacts on nearby properties
that may arise from the applicant's or its authorized personnel's construction, installation,
operation, modification, maintenance, repair, removal, and/or other activities on or about the
site. The applicant shall not perform or cause others to perform any construction, installation,
operation, modification, maintenance, repair, removal, or other work that involves heavy
equipment or machines except during normal construction work hours authorized by the
Santa Clarita Municipal Code. The restricted work hours in this condition will not prohibit
any work required to prevent an actual, immediate harm to property or persons, or any work
during an emergency declared by the City or other state or federal government agency or
official with authority to declare an emergency within the City. The City may issue a Stop
Work Order for any activities that violates this condition in whole or in part.
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(8) Inspections; Emergencies. The applicant expressly acknowledges and agrees that the City's
officers, officials, staff, agents, contractors, or other designees may enter onto the site and
inspect the improvements and equipment upon reasonable prior notice to the applicant.
Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors, or
other designees may, but will not be obligated to, enter onto the site area without prior notice
to support, repair, disable, or remove any improvements or equipment in emergencies, or
when such improvements or equipment threaten actual, imminent harm to property or
persons. The applicant, if present, may observe the City's officers, officials, staff, or other
designees while any such inspection or emergency access occurs.
(9) Applicant's Contact Information. Within 10 days from the final approval, the applicant
shall furnish the City with accurate and up-to-date contact information for a person
responsible for the small wireless facility or other infrastructure deployment, which includes,
without limitation, such person's full name, title, direct telephone number, facsimile number,
mailing address, and email address. The applicant shall keep such contact information up-to-
date at all times, and promptly provide the City with updated contact information if either the
responsible person or such person's contact information changes.
(10) Indemnification. The applicant and, if applicable, the property owner upon which the small
wireless facility or other infrastructure deployment is installed, shall defend, indemnify, and
hold harmless the City, City Council, and City boards, commissions, agents, officers,
officials, employees, and volunteers (collectively, the "indemnitees") from any and all
(1) damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs, and other actions or proceedings ("claims") brought against the
indemnitees to challenge, attack, seek to modify, set aside, void, or annul the City's approval
of this Administrative Permit; and (2) other claims of any kind or form, whether for personal
injury, death, or property damage, that arise from or in connection with the applicant's or
its agents', directors', officers', employees', contractors', subcontractors', licensees' or
customers' acts or omissions in connection with this Administrative Permit or the small
wireless facility or other infrastructure deployment. In the event the City becomes aware of
any claims, the City will use best efforts to promptly notify the applicant and the private
property owner (if applicable) and shall reasonably cooperate in the defense. The applicant
expressly acknowledges and agrees that the City shall have the right to approve, which
approval shall not be unreasonably withheld, the legal counsel providing the City's defense,
and the property owner and/or applicant (as applicable) shall promptly reimburse the City
for any costs and expenses directly and necessarily incurred by the City in the course of
the defense. The applicant expressly acknowledges and agrees that the applicant's
indemnification obligations under this condition are a material consideration that motivates
the City to approve this Administrative Permit, and that such indemnification obligations
will survive the expiration, revocation, or other termination of this Administrative Permit.
(11) Performance Bond. Before the City issues any permits required to commence construction
in connection with the Administrative Permit, the applicant shall post a performance bond
from a surety, and in a form acceptable to the Director of Public Works, in an amount
reasonably necessary to cover the cost to remove the improvements and restore all affected
areas based on a written estimate from a qualified contractor with experience in wireless
facilities or other infrastructure removal. The written estimate must include the cost to
remove all equipment and other improvements, which includes, without limitation, all
antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables,
wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above
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ground or below ground, constructed or installed in connection with the wireless facility, plus
the cost to completely restore any areas affected by the removal work to a standard compliant
with applicable laws. In establishing or adjusting the bond amount required under this
condition, the Director of Public Works shall take into consideration any information
provided by the applicant regarding the cost to remove the small wireless facility or other
infrastructure deployment to a standard compliant with applicable laws. The performance
bond shall expressly survive the duration of the permit term to the extent required to
effectuate a complete removal of the subject wireless facility or other infrastructure
deployment in accordance with this condition.
(12) Permit Revocation. Any permit granted under this Policy may be revoked in accordance
with the provisions and procedures in this condition. The City may initiate revocation
proceedings when the City has information that the facility may not be in compliance with
all applicable laws, which includes, without limitation, any permit in connection with the
facility and any associated conditions with such permit(s). Before any public hearing to
revoke a permit granted under this Policy, the City must issue a written notice to the
applicant that specifies (1) the facility; (2) the violation(s) to be corrected; (3) the timeframe
in which the applicant must correct such violation(s); and (4) that, in addition to all other
rights and remedies the City may pursue, the City may initiate revocation proceedings for
failure to correct such violation(s). A permit granted under this Policy may be revoked only
by the City Council after a duly notice public hearing. The City Council may revoke a permit
when it finds substantial evidence in the written record to show that the facility is not in
compliance with any applicable laws, which includes, without limitation, any permit in
connection with the facility and any associated conditions with such permit(s). Any decision
by the City Council to revoke or not revoke a permit shall be final and not subject to any
further appeals. Within five business days after the City Council adopts a resolution to
revoke a permit, the City shall provide the applicant with a written notice that specifies the
revocation and the reasons for such revocation.
(13) Record Retention. Throughout the permit term, the applicant must maintain a complete and
accurate copy of the written administrative record, which includes, without limitation, the
Administrative Permit application, Administrative Permit, the approved plans and photo
simulations incorporated into this approval, all conditions associated with this approval, any
ministerial permits or approvals issued in connection with this approval and any records,
memoranda, documents, papers, and other correspondence entered into the public record in
connection with the Administrative Permit (collectively, "records"). If the applicant does not
maintain such records as required in this condition, any ambiguities or uncertainties that
would be resolved by inspecting the missing records will be construed against the applicant.
The applicant shall protect all records from damage from fires, floods, and other hazards that
may cause deterioration. The applicant may keep records in an electronic format; provided,
however, that hard copies or electronic records kept in the City's regular files will control
over any conflicts between such City -controlled copies or records and the applicant's
electronic copies, and complete originals will control over all other copies in any form. The
requirements in this condition shall not be construed to create any obligation to create or
prepare any records not otherwise required to be created or prepared by other applicable
laws. Compliance with the requirements in this condition shall not excuse the applicant from
any other similar record -retention obligations under applicable law.
(14) Abandoned Facilities. The small wireless facility or other infrastructure deployment
authorized under the Administrative Permit shall be deemed abandoned if not operated for
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any continuous six-month period. Within 90 days after a small wireless facility or other
infrastructure deployment is abandoned or deemed abandoned, the applicant and/or property
owner shall completely remove the small wireless facility or other infrastructure deployment
and all related improvements, and shall restore all affected areas to a condition compliant
with all applicable laws, which includes, without limitation, the Santa Clarita Municipal
Code. In the event that neither the applicant nor the property owner complies with the
removal and restoration obligations under this condition within said 90-day period, the City
shall have the right (but not the obligation) to perform such removal and restoration with or
without notice, and the applicant and property owner shall be jointly and severally liable for
all costs and expenses incurred by the City in connection with such removal and/or
restoration activities.
(15) Landscaping. The applicant shall replace any landscape features damaged or displaced by
the construction, installation, operation, maintenance, or other work performed by the
applicant or at the applicant's direction on or about the site. If any trees are damaged or
displaced, the applicant shall hire and pay for a licensed arborist to select, plant and maintain
replacement landscaping in an appropriate location for the species. Only International
Society of Arboriculture certified workers, under the supervision of a licensed arborist, shall
be used to install the replacement tree(s). Any replacement tree must be substantially the
same size as the damaged tree. The applicant shall, at all times, be responsible to maintain
any replacement landscape features.
(16) Cost Reimbursement. The applicant acknowledges and agrees that (1) the applicant's
request for authorization to construct, install and/or operate the wireless facility will cause
the City to incur costs and expenses; (2) the applicant shall be responsible to reimburse the
City for all costs incurred in connection with the permit, which includes, without limitation,
costs related to application review, permit issuance, site inspection, and any other costs
reasonably related to or caused by the request for authorization to construct, install, and/or
operate the wireless facility or other infrastructure deployment; (3) any application fees
required for the application may not cover all such reimbursable costs and that the applicant
shall have the obligation to reimburse the City for all such costs 10 days after a written
demand for reimbursement and reasonable documentation to support such costs; and (4) the
City shall have the right to withhold any permits or other approvals in connection with the
wireless facility until and unless any outstanding costs have been reimbursed to the City by
the applicant.
(17) Future Undergrounding Programs. Notwithstanding any term remaining on any
Administrative Permit, if other utilities or communications providers in the public right-
of-way underground their facilities in the segment of the public right-of-way where the
applicant's small wireless facility or other infrastructure deployment is located, the applicant
must also underground its equipment, except the antennas and any approved electric meter,
at approximately the same time. Accessory equipment, such as radios and computers that
require an environmentally controlled underground vault to function, shall not be exempt
from this condition. Small wireless facilities and other infrastructure deployments installed
on wood utility poles that will be removed pursuant to the undergrounding program may be
reinstalled on a streetlight that complies with the City's standards and specifications. Such
undergrounding shall occur at the applicant's sole cost and expense, except as may be
reimbursed through tariffs approved by the California Public Utilities Commission for
undergrounding costs.
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(18) Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its
rules obviating the need for a separate or ground -mounted electric meter and enclosure, the
applicant, on its own initiative and at its sole cost and expense, shall remove the separate or
ground -mounted electric meter and enclosure. Prior to removing the electric meter, the
applicant shall apply for any Administrative Permit and/or other ministerial permit(s)
required to perform the removal. Upon removal, the applicant shall restore the affected area
to its original condition that existed prior to installation of the equipment.
(19) Rearrangement and Relocation. The applicant acknowledges that the City, in its sole
discretion and at any time, may (1) change any street grade, width, or location; (2) add,
remove, or otherwise change any improvements in, on, under, or along any street owned by
the City or any other public agency, which includes, without limitation, any sewers, storm
drains, conduits, pipes, vaults, boxes, cabinets, poles, and utility systems for gas, water,
electric, or telecommunications; and/or (3) perform any other work deemed necessary,
useful, or desirable by the City (collectively, "City work"). The City reserves the rights to do
any and all City work without any admission on its part that the City would not have such
rights without the express reservation in this Administrative Permit. If the City determines
that any City work will require the applicant's small wireless facility located in the public
right-of-way to be rearranged and/or relocated, the applicant shall, at its sole cost and
expense, do or cause to be done all things necessary to accomplish such rearrangement
and/or relocation. If the applicant fails or refuses to either permanently or temporarily
rearrange and/or relocate the applicant's small wireless facility or other infrastructure
deployment within a reasonable time after the City's notice, the City may (but will not be
obligated to) cause the rearrangement or relocation to be performed at the applicant's sole
cost and expense. The City may exercise its rights to rearrange or relocate the applicant's
small wireless facility or other infrastructure deployment without prior notice to applicant
when the Director of Public Works determines that City work is immediately necessary to
protect public health or safety. The applicant shall reimburse the City for all costs and
expenses in connection with such work within 10 days after a written demand for
reimbursement and reasonable documentation to support such costs.
(20) Truthful and Accurate Statements. The applicant acknowledges that the City's approval
relies on the written and/or oral statements by applicant and/or persons authorized to act on
applicant's behalf. In any matter before the City in connection with the Administrative
Permit or the small wireless facility or other infrastructure approved under the Administrative
Permit, neither the applicant nor any person authorized to act on applicant's behalf shall,
in any written or oral statement, intentionally provide material factual information that is
incorrect or misleading or intentionally omit any material information necessary to prevent
any material factual statement from being incorrect or misleading.
(b) Modified Conditions. The City Council authorizes the Director of Community Development to
modify, add, or remove conditions to any Administrative Permit as the Director of Community
Development deems necessary or appropriate to (1) protect and/or promote the public health,
safety, and welfare; (2) tailor the standard conditions in Subsection (a) to the particular facts and
circumstances associated with the deployment; and/or (3) memorialize any changes to the
proposed deployment need for compliance with the Santa Clarita Municipal Code, this Policy,
generally applicable health and safety requirements, and/or any other applicable laws. To the
extent required by applicable FCC regulations, the Director of Community Development shall
take care to ensure that any different conditions applied to small wireless facilities are no more
burdensome than those applied to other infrastructure deployments.
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IX. LOCATION STANDARDS
(a) Location Preferences. To better assist applicants and decision makers understand and respond
to the community's aesthetic preferences and values, this Subsection (a) sets out listed
preferences for locations to be used in connection with small wireless facilities in an ordered
hierarchy. Applications that involve lesser -preferred locations may be approved so long as the
applicant demonstrates by clear and convincing evidence in the written record that either (1) no
more preferred locations or structures exist within 500 feet from the proposed site; or (2) any
more preferred locations or structurers within 500 feet from the proposed site would be
technically infeasible. The City prefers small cells in the public right-of-way to be installed in
locations, ordered from most preferred to least preferred, as follows:
(1) locations within Industrial zones or Commercial zones on or along arterials;
(2) locations within Industrial zones or Commercial zones on or along collectors;
(3) locations within Industrial zones or Commercial zones on or along local streets;
(4) locations within Public/Institutional zones, Mixed Use zones, or Open Space zones on or
along arterials;
(5) locations within Public/Institutional zones, Mixed Use zones, or Open Space zones on or
along collectors;
(6) locations within Mixed Use zones or Open Space zones on or along local streets;
(7) locations within Residential zones on or along arterials;
(8) locations within Residential zones on or along collectors;
(9) locations within Public/Institutional zones or Residential zones on or along local streets.
(b) Prohibited Support Structures. Except when authorized as a pre -approved design, pursuant to
this Policy, small wireless facilities shall not be permitted on the following support structures:
(1) decorative poles;
(2) traffic signal poles, cabinets, or related structures;
(3) new, non -replacement wood poles;
(4) any utility pole scheduled for removal or relocation within 18 months from the time the City
acts on the small cell application.
(c) Encroachments Over Private Property. No small cell antennas, accessory equipment, or other
improvements may encroach onto or over any private or other property outside the public right-
of-way without the property owner's express written consent.
(d) No Interference with Other Uses. Small cells and any associated antennas, accessory
equipment, or improvements shall not be located in any place or manner that would physically
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interfere with or impede access to any (1) worker access to any above -ground or underground
infrastructure for traffic control, streetlight, or public transportation, including, without
limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic
sign or signal, barricade reflectors; (2) access to any public transportation vehicles, shelters,
street furniture, or other improvements at any public transportation stop; (3) worker access to
above -ground or underground infrastructure owned or operated by any public or private utility
agency; (4) fire hydrant or water valve; (5) access to any doors, gates, sidewalk doors, passage
doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way;
or (6) access to any fire escape.
(e) Replacement Pole Location. The City prefers that applicants replace the proposed pole with one
designed to support the antenna and accessory equipment with interior conduit for power, fiber,
and/or coaxial cabling. All replacement poles must (1) be located as close to the removed pole as
possible; (2) be aligned with the other existing poles along the public right-of-way; and (3) be
compliant with all applicable standards and specifications by the Director of Public Works or his
or her designee.
(f) Additional Placement Requirements. In addition to all other requirements in this Policy, small
wireless facilities, other infrastructure deployments, and all related equipment and improvements
shall:
(1) be placed as close as possible to the property line between two parcels that abut the public
right-of-way;
(2) not be placed directly in front of any door or window;
(3) not be placed within any sight distance triangles at any intersections;
(4) be placed at least five feet away from any driveway or walkway between a residential
structure and the public right-of-way (e.g. the walkway between the sidewalk and the front
door to a residence);
(5) be placed at least 100 feet away from any driveways for police stations, fire stations, or
other emergency responder facilities.
X. DESIGN STANDARDS
(a) Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, non -reflective
hues that match the underlying support structure or blend with the surrounding environment.
All surfaces shall be treated with graffiti -resistant sealant. All finishes shall be subject to the
Director of Community Development's prior approval.
(b) Noise. Small cells and all associated antennas, accessory equipment, and other improvements
must comply with all applicable noise control standards and regulations in the Santa Clarita
Municipal Code Section 11.44.040, as either may be amended or superseded, and shall not
exceed, either on an individual or cumulative basis, the noise limit in the applicable district.
The applicant shall demonstrate compliance with this Subsection (b) by submitting the required
materials provided in Section VI(a)(12).
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(c) Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects
are directed downwards and confined within the public right-of-way in a manner consistent with
any other standards and specifications by the Director of Public Works or his or her designee. All
antennas, accessory equipment, and other improvements with indicator or status lights must be
installed in locations and within enclosures that mitigate illumination impacts visible from
publicly accessible areas.
(d) Trees and Landscaping. Small wireless facilities and other infrastructure deployments on or
beneath the ground surface shall not be installed (in whole or in part) within any tree drip line.
Small wireless facilities and other infrastructure deployments may not displace any existing tree
or landscape features unless (1) such displaced tree or landscaping is replaced with native and/or
drought -resistant trees, plants, or other landscape features approved by the City; and (2) the
applicant submits and adheres to a landscape maintenance plan. Only International Society of
Arboriculture certified workers, under a licensed arborist's supervision, shall be used to install
the replacement tree(s). Any replacement tree must be substantially the same size as the damaged
tree unless approved by the City. The applicant shall, at all times, be responsible to maintain any
replacement landscape features.
(e) Signs and Advertisements. All small wireless facilities and other infrastructure deployments
that involve RF transmitters must include signage that accurately identifies the site
owner/operator, the owner/operator's site name or identification number, and a toll -free number
to the owner/operator's network operations center. Small wireless facilities and other
infrastructure deployments may not bear any other signage or advertisements unless expressly
approved by the City, required by law, or recommended under FCC or other United States
governmental agencies for compliance with RF emissions regulations.
(f) Site Security Measures. Small wireless facilities and other infrastructure deployments may
incorporate reasonable and appropriate site security measures, such as locks and anti -climbing
devices, to prevent unauthorized access, theft, or vandalism. The Director of Community
Development shall not approve any barbed wire, razor ribbon, electrified fences, or any similarly
dangerous security measures. All exterior surfaces on small wireless facilities shall be
constructed from, or coated with, graffiti -resistant materials.
(g) Compliance with Health and Safety Regulations. All small wireless facilities and other
infrastructure deployments shall be designed, constructed, operated, and maintained in
compliance with all generally applicable health and safety regulations, which includes, without
limitation, all applicable regulations for human exposure to RF emissions and compliance with
the federal Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(h) Antennas. The provisions in this Subsection (h) are generally applicable to all antennas.
(1) Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and
other connectors and hardware must be installed within a single shroud or radome. For pole -
top antennas, the shroud shall not exceed 1.5 times the median pole diameter and must taper
down to pole. For side -arm antennas, the shroud must cover the cross arm and any cables,
jumpers, wires, or other connectors between the vertical riser and the antenna.
(2) Antenna Volume. Each individual antenna associated with a single small cell shall not
exceed three cubic feet. The cumulative volume for all antennas on a single small cell shall
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not exceed (A) three cubic feet in residential areas; or (B) six cubic feet in nonresidential
areas.
(3) Overall Height. No antenna may extend more than five feet above the support structure,
plus any minimum separation between the antenna and other pole attachments required by
applicable health and safety regulations.
(4) Horizontal Projection. Side -mounted antennas, where permitted, shall not project (1) more
than 24 inches from the support structure; (2) over any roadway for vehicular travel; or
(3) over any abutting private property. If applicable laws require a side -mounted antenna to
project more than 24 inches from the support structure, the projection shall be no greater than
required for compliance with such laws.
(i) Accessory Equipment Volume. The cumulative volume for all accessory equipment for a
single small wireless facility or other infrastructure deployment shall not exceed (1) 9 cubic feet
in residential areas; or (2) 17 cubic feet in nonresidential areas. The volume limits in this
Subsection (i) do not apply to any undergrounded accessory equipment.
0) Undergrounded Accessory Equipment.
(1) Where Required. Accessory equipment (other than any electric meter (where permitted)
emergency disconnect switch) shall be placed underground when proposed in any (1)
underground district; or (2) any location where the City finds substantial evidence that the
additional above -ground accessory equipment would incommode the public's uses in the
public right-of-way. Notwithstanding the preceding sentence, the City may grant an
exception when the applicant demonstrates by clear and convincing evidence that compliance
with this Subsection 0)(1) would be technically infeasible.
(2) Vaults. All undergrounded accessory equipment must be installed in an environmentally
controlled vault that is load -rated to meet the City's standards and specifications.
Underground vaults located beneath a sidewalk must be constructed with a slip -resistant
cover. Vents for airflow shall be flush -to -grade when placed within the sidewalk and may
not exceed two feet above grade when placed off the sidewalk.
(k) Pole -Mounted Accessory Equipment. The provisions in this Subsection (k) are applicable to all
pole -mounted accessory equipment in connection with small wireless facilities and other
infrastructure deployments.
(1) Preferred Concealment Techniques. Applicants should propose to place any pole -mounted
accessory equipment in the least conspicuous position under the circumstances presented by
the proposed pole and location. Pole -mounted accessory equipment may be installed behind
street, traffic, or other signs to the extent that the installation complies with applicable public
health and safety regulations.
(2) Minimum Vertical Clearance. The lowest point on any pole -mounted accessory equipment
shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any
pole -mounted accessory equipment component to be placed less than 10 feet above ground
level, the clearance from ground level shall be no less than required for compliance with such
laws.
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(3) Horizontal Projection. Pole -mounted accessory equipment shall not project (1) more than
20 inches from the pole surface; (2) over any'roadway for vehicular travel; or (3) over any
abutting private property. All pole -mounted accessory equipment shall be mounted flush to
the pole surface. If applicable laws preclude flush -mounted equipment, the separation gap
between the pole and the accessory equipment shall be no greater than required for
compliance with such laws and concealed by opaque material (such as cabinet "flaps" or
"wings").
(4) Orientation. Unless placed behind a street sign or some other concealment that dictates the
equipment orientation on the pole, all pole -mounted accessory equipment should be oriented
away from prominent views. In general, the proper orientation will likely be toward the street
to reduce the overall profile when viewed from the nearest abutting properties. If orientation
toward the street is not feasible, then the proper orientation will most likely be away from
oncoming traffic. If more than one orientation would be technically feasible, the City may
select the most appropriate orientation.
(1) Ground -Mounted or Base -Mounted Accessory Equipment. The provisions in this Subsection
(1) are applicable to all ground -mounted and base -mounted accessory equipment in connection
with small wireless facilities and other infrastructure deployments. However, ground -mounted
equipment is the least -preferred location for deployments.
(1) Ground -Mounted Concealment. On collectors and local streets, the City prefers ground -
mounted accessory equipment to be concealed as follows (1) within a landscaped parkway,
median, or similar location, behind or among new/existing landscape features, and painted or
wrapped in flat natural colors to blend with the landscape features; and (2) if landscaping
concealment is not technically feasible, disguised as other street furniture adjacent to the
support structure, such as mailboxes, benches, trash cans, and information kiosks. On arterial
roads outside underground districts, proposed ground -mounted accessory equipment should
be completely shrouded or placed in a cabinet substantially similar in appearance to existing
ground -mounted accessory equipment cabinets.
(2) Public Safety Visibility. To promote and protect public health and safety and prevent
potential hazards hidden behind large equipment cabinets, no individual ground -mounted
accessory equipment cabinet may exceed four feet in height or four feet in width. Ground -
mounted and base -mounted equipment cabinets shall not have any horizontal flat surfaces
greater than 1.5 square -inches to prevent litter or other objects left on such surfaces.
(m) Utilities. The provisions in this Subsection (m) are applicable to all utilities and other related
improvements that serve small wireless facilities and other infrastructure deployments.
(1) Overhead Lines. The Director of Community Development shall not approve any new
overhead utility lines in underground districts. In areas with existing overhead lines, new
communication lines shall be "overlashed" with existing communication lines to the extent
technically feasible. No new overhead utility lines shall be permitted to traverse any roadway
used for vehicular transit.
(2) Vertical Cable Risers. All cables, wires, and other connectors must be routed through
conduits within the pole or other support structure, and all conduit attachments, cables, wires,
and other connectors must be concealed from public view. To the extent that cables, wires,
and other connectors cannot be routed through the pole, such as with wood utility poles,
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applicants shall route them through a single external conduit or shroud that has been finished
to match the underlying pole.
(3) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables
shall not be spooled, coiled, or otherwise stored on the pole outside equipment cabinets or
shrouds.
(4) Electric Meters. Small cells and other infrastructure deployments shall use flat -rate electric
service or other method that obviates the need for a separate above -grade electric meter. If
flat -rate service is not available, applicants may install a shrouded smart meter. If the
proposed project involves a ground -mounted equipment cabinet, an electric meter may be
integrated with and recessed into the cabinet, but the Director of Community Development
shall not approve a separate ground -mounted electric meter pedestal.
(5) Existing Conduit or Circuits. To reduce unnecessary wear and tear on the public right-of-
way, applicants are encouraged to use existing conduits and/or electric circuits whenever
available and technically feasible. Access to any conduit and/or circuits owned by the City
shall be subject to the Director of Public Works' prior written approval, which the Director
of Public Works may withhold or condition as deemed necessary or appropriate to protect
the City's infrastructure, prevent interference with the City's municipal functions, and public
health and safety.
XI. PREAPPROVED DESIGNS
(a) Purpose. To expedite the review process and encourage collaborative designs among applicants
and the City, the City Council authorizes the Director of Community Development to designate
one or more preapproved designs for small wireless facilities and other infrastructure
deployments. Section Xl sets out the process to establish or repeal a preapproved design and the
expedited review procedures and findings applicable to these applications.
(b) Adoption. The City may, at the Director of Community Development's discretion, establish
a preapproved design when the Director of Community Development finds that a proposed
preapproved design substantially complies with the design standards in this Policy. The Director
of Community Development shall post a public notice posted at Santa Clarita City Hall, with
the City Clerk, and in a newspaper of general circulation within the City. The notice must
generally describe the preapproved design, include a photograph or photo simulation, specify
whether the preapproved design would be limited or restricted in any zones, and contain a
reference to the appeal procedure. Unless appealed, pursuant to the Santa Clarita Municipal
Code, the preapproved design shall become effective 15 days from the notice required in this
Subsection (b). A decision by the Director of Community Development not to adopt a proposed
preapproved design, or the Director of Community Development's failure to act on a request for
a proposed preapproved design, is not appealable.
(1) The City has previously approved small wireless facilities and other infrastructure
deployments, prior to the adoption of this Policy. All future small wireless facilities and
infrastructure deployments shall utilize design measures that are consistent with these
previously approved designs. Understanding that variations in design features may be
necessary to accommodate new or different technology, each applicant shall propose a
facility that is most consistent with these designs on file with the Director of Community
Development and is subject to the discretion of the Director of Community Development.
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(c) Repeal. The Director of Community Development may repeal any preapproved design by
written notice posted at Santa Clarita City Hall. The repeal shall be immediately effective.
The Director of Community Development's repeal, refusal to repeal, or failure to act on a request
to repeal a preapproved design, is not appealable.
(d) Modified Review Process. In nonresidential zones, applications for a preapproved design shall
not be subject to any potential appeals under Section VII(e). In residential zones, applications for
a preapproved design shall remain subject to any potential appeals under Section VII(e).
(e) Modified Findings. When an applicant submits a complete application for a preapproved design,
the Director of Community Development shall presume that the findings for approval in Sections
VII(b)(1) and VII(b)(5) are satisfied, and shall evaluate the application for compliance with the
findings for approval in Sections VII(b)(2), VII(b)(3), VII(b)(4), and VII(b)(6).
(f} Nondiscrimination. Any applicant may propose to use any preapproved design, whether
the applicant initially requested that the Director of Community Development adopt such
preapproved design or not. The Director of Community Development's decision to adopt a
preapproved design expresses no preference or requirement that applicants use the specific
vendor or manufacturer that fabricated the design depicted in the preapproved plans. Any other
vendor or manufacturer that fabricates a facility to the standards and specifications in the
preapproved design with like materials, finishes, and overall quality shall be acceptable as a
preapproved design.
XII. EXCEPTIONS
There are no exceptions to this Policy without the express authorization of the City Manager.
XIII. AUTHORITY
By the authority of the City Manager.
Kenneth W. Striplin
City Manager
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EXHIBIT B
PROPOSED UNIFIED DEVELOPMENT CODE AMENDMENT
17.69.035 Exemptions
B. Wireless Communications Facilities within City Right -of -Way. The following procedures
and design standards shall be required for issuance of a Public Works Encroachment Permit
for the installation of wireless telecommunications facilities within City rights -of -way. These
criteria are intended to guide and facilitate applicants in locating and designing facilities and
supporting equipment in a manner that will be compatible with the purpose, intent,, and goals
of this section. It is the intent of the City to use its time, place, and manner authority to protect
and preserve the aesthetics of the City and the health and safety of pedestrians and occupants
of vehicles in City rights -of -way. However, any wireless telecommunications facility sqbject
to the City Council adopted Small Wireless Facilities Policy, for the regulation of small
wireless facilities and other infrastructure deployments within the City right-of-way shall be
subject to the provisions of the adopted Policy and any future revisions
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