[Ord. 940-96, eff. January 17, 1997; amended in entirety Ord. No. 1221-24, eff. October 3, 2024[1]]
[1]
Editor's Note: Ordinance No. 940-96 renumbered former § 9-6.602, regulating satellite dish antenna to Chapter 9-7 of Title 9, Article 10, Antennas. History include portions of Ordinance Nos. 802U, 803 and 925-96.
[ Ord. No. 1221-24, eff. October 3, 2024]
The purpose of this article is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities on public and private properties. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the City has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards.
[Ord. No. 1221-24, eff. October 3, 2024]
The following words and phrases, as used in this article, are defined as follows:
(a) 
ADMINISTRATIVE WIRELESS PERMIT — Shall mean a permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described in this article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
(b) 
ANTENNA — Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
(c) 
APPLICANT — Shall mean a person filing an application for placement or modification of a wireless facility under this Article 10.
(d) 
BASE STATION — Shall have the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:
(1) 
A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower or any equipment associated with a tower.
a. 
The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. 
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
c. 
The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in (1)a and (1)b of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d. 
The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in (1)a and (1)b of this definition.
(e) 
COLLOCATION — Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."
(f) 
DISTRIBUTED ANTENNA SYSTEM or DAS — Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.
(g) 
ELIGIBLE FACILITIES REQUEST — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."
(h) 
ELIGIBLE SUPPORT STRUCTURE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."
(i) 
EQUIPMENT CABINET — Shall mean a small enclosure used to house multiple items of equipment associated with a wireless facility.
(j) 
EXISTING — Shall mean, for purposes of an Eligible Facilities Request, the same as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities Request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."
(k) 
FEDERAL COMMUNICATIONS COMMISSION ("FCC") — Shall mean the Federal Communications Commission or its lawful successor.
(l) 
MONOPOLE — Shall mean a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless facility.
(m) 
PERSONAL WIRELESS SERVICES — Shall mean the same as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines that term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."
(n) 
PLANNING DIRECTOR — Shall mean the City of Avalon's Director of Planning and Building Department, or designee.
(o) 
RADIO FREQUENCY ("RF") — Shall mean a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.
(p) 
ROOF-MOUNTED or BUILDING-MOUNTED ANTENNA — Shall mean an antenna directly attached or affixed to the roof of, on the wall, or elsewhere on a preexisting building, tank or similar structure other than a Tower.
(q) 
SITE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the [eligible facilities request] process."
(r) 
SMALL WIRELESS FACILITY — Shall have the same meaning as "small wireless facilities" in 47 CFR § 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) 
The facility:
a. 
Is mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR § 1.1320(d); or
b. 
Is mounted on structures no more than 10% taller than other adjacent structures; or
c. 
Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2) 
Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR Section 1.1320(d)], is no more than three cubic feet in volume;
(3) 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) 
The facility does not require antenna structure registration under part 17 of Chapter 1 of Title 47 of the Code of Federal Regulations;
(5) 
The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
(6) 
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
(s) 
STEALTH FACILITY — Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless facility.
(t) 
SUBSTANTIAL CHANGE — Shall mean the same as provided in 47 C.F.R. § 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
(1) 
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
a. 
Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(2) 
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3) 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4) 
It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(5) 
It would defeat the concealment elements of the eligible support structure; or
(6) 
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (1) through (4) [which correspond to 47 CFR § 1.6100(b)(7)(i) through (iv)].
(u) 
TOWER — Shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
(v) 
TRANSMISSION EQUIPMENT — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul."
(w) 
WHIP ANTENNA — Shall mean a single shaft antenna, including all mounting equipment.
(x) 
WIRELESS FACILITY or FACILITY — Shall mean the antennas, antenna structures, equipment, equipment cabinets, cables, and other types of installations and related appurtenances used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
[Ord. No. 1221-24, eff. October 3, 2024]
(a) 
The requirements of this article do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Avalon Municipal Code and all other applicable state and federal law.
(1) 
Over-the-air-reception-devices (OTARD) antennas.
a. 
Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
b. 
Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
(2) 
Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.
(3) 
Amateur radio antennas. Antennas and antenna structures constructed by or for amateur radio operators that met the following requirements:
a. 
That are completely enclosed within a permitted building; or
b. 
That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or
c. 
That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.
(4) 
Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used, operated, and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency.
(5) 
Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.
(6) 
Temporary Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Avalon Sheriff or City Manager, so long as the facility is removed at the conclusion of the emergency.
(7) 
DAS. Distributed Antenna Systems or DAS installed and operated wholly within an existing structure or building.
(8) 
Antennas and wireless facilities within public rights-of-way. Antennas and wireless facilities placed wholly within public rights-of-way are governed by Avalon Municipal Code, Title 4, Chapter 4-9, Article 3 (Wireless Facilities in Public Rights-of-Way) and not this article.
[Ord. No. 1221-24, eff. October 3, 2024]
(a) 
No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this article and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.
(1) 
Administrative Wireless Permit Required. An administrative wireless permit is required for (a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1)(c); and a new small wireless facility to be placed upon an existing structure.
a. 
The Planning Director or designee shall review, process, approve, conditionally approve or deny an application for administrative wireless permit in accordance with the procedures of this section. No public hearing shall be required for an administrative wireless permit required by this article. An applicant may appeal the decision of the Planning Director to the Planning Commission provided such appeal is filed with the City Clerk within 15 days following the issuance of the Planning Director's decision notification. If timely appealed, the Planning Commission shall review the application de novo.. The decision of the Planning Director, upon the expiration of such 15 days if no appeal is filed, or of the Planning Commission on appeal shall be final.
(2) 
Site Plan Review Approval Required. Site plan review approval is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval in accordance with the procedure in Chapter 9-8, Article 2 except to the extent modified by this article.
(3) 
Site Plan Review and Conditional Use Permit Required. Both a Site Plan Review and a Conditional Use Permit shall be required where the applicant is seeking to construct, place or modify a wireless facility that does not qualify under subsections (1) and (2) above. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval and conditional use permit in accordance with the procedure in Chapter 9-8, Article 4 except to the extent modified by this article.
(b) 
Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:
(1) 
Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/provider that will use the facility.
(2) 
A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project.
(3) 
A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility.
(4) 
A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless facility meets FCC regulations and standards for construction, maintenance and operations.
(5) 
Payment of application fees.
(c) 
Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant.
(d) 
Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. To promote efficient review and timely decisions, any application governed under this article regardless of type may be denied without prejudice by the Planning Director, Planning Commission, or City Council when the applicant fails to tender a substantive response to the City within 120 calendar days after the City has deemed the application incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause foran extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.
[Ord. No. 1221-24, eff. October 3, 2024]
(a) 
Administrative Wireless Permit:
(1) 
Findings for Approval for Small Wireless Facilities Subject to an Administrative Wireless Permit. No administrative wireless permit shall be approved for applications wherein an applicant seeks to place a new small wireless facility upon an existing structure unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
a. 
The facility shall conform with and carry out the General Plan and any certified Local Coastal Plan for the area; and
b. 
The facility complies with all applicable requirements of this article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and
c. 
The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and
d. 
The facility is not detrimental to the public health, safety, and welfare.
(2) 
Findings for Approval of Eligible Facilities Requests: No administrative wireless permit shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
a. 
The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3) – (9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and
b. 
The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100(b)(7)(i) – (iv), or any successor provisions; and
c. 
The proposed facility will comply with all generally applicable laws.
(3) 
Findings for Approval of a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1): No administrative wireless permit shall be approved for a "collocation facility" unless, on the basis of the application and other materials or evidence provided in review thereof the application complies with the requirements for the grant of a ministerial permit under Government Code section 65850.6.
(b) 
Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) 
All findings for approval required for site plan as specified in Section 9-8.203; and
(2) 
The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and
(3) 
The proposed facility will comply with all generally applicable laws.
(c) 
Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
(1) 
All findings for approval required for conditional use permit as specified in Section 9-8.404; and
(2) 
The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and
(3) 
The proposed facility will comply with all generally applicable laws.
[Ord. No. 1221-24, eff. October 3, 2024]
Each wireless facility subject to this article shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section. A qualifying eligible facilities request and a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1) shall only be required to comply with the location, design, and development standards in subsections j, l, m, o, r, s, u, and v of this section.
(a) 
Visual Criteria.
(1) 
Generally. Wireless facilities shall be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale).
(2) 
Materials. The materials used shall be non-reflective and non-flammable.
(3) 
Stealth Design. All wireless facilities shall be designed to incorporate concealment elements and screening to be a stealth facility.
(4) 
Concealment. The wireless facility and transmission equipment should be camouflaged or concealed to blend the facility with surrounding materials and colors of the support structure on which the facility is installed. Concealment elements include, but are not limited to, the following:
a. 
Radio frequency (RF) transparent screening or shrouds;
b. 
Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling;
c. 
Placing cables and wires inside the pole or beneath conduit of the smallest size possible;
d. 
Minimizing the size of the site;
e. 
Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site; and
f. 
Using paint of durable quality.
(5) 
Collocation or placement on existing structures shall be utilized to the extent technically feasible.
(b) 
Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.
(c) 
Location.
(1) 
Preferred Locations/Zones. The City prefers installations in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P).
(2) 
Existing Infrastructure Preference. The City has a preference for the use of existing infrastructure.
(3) 
Prohibited Zones. Installations are prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone.
(d) 
Visibility from public places. A wireless facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs.
(e) 
Height and Setbacks. All wireless facilities (including any ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground-mounted equipment shall comply with all setback requirements of the underlying zone.
(f) 
Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and screen facilities from public view as much as is technically feasible.
(g) 
Cables and Wiring. All cables and wiring must be within the structure, or if not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches facility and of the smallest size technically feasible.
(h) 
Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.
(i) 
Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
(j) 
Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area property.
(k) 
Standards for wall- and building-mounted facilities.
(1) 
Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna or shall be completely screened so as not to be visible to the general public from ground level.
(2) 
Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.
(l) 
Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
(m) 
Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter 5-13.
(n) 
Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.
(o) 
Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or pole, except as required by federal or state law. Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of the equipment or on the pole directly below the antenna.
(p) 
Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City.
(q) 
Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. Applicant must use native landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site.
(r) 
Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.
(s) 
Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.
(t) 
Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing structure/facility.
(u) 
Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest electric meter and disconnect available.
(v) 
Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.
[Ord. No. 1221-24, eff. October 3, 2024]
All permits issued in accordance with this article, whether approved by the Planning Director, Planning Commission and/or City Council considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The Planning Director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this article.
(a) 
Permit term. Except for eligible facilities requests, a permit for a wireless facility issued in accordance with this article will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, unless the City establishes a shorter term for public safety or substantial land use reasons pursuant California Government Code § 65964(b). Any other permits or approvals issued in connection with an application subject to this Article, 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.
(b) 
Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
(c) 
Inspections - Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(d) 
Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt of the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Director upon that person's verbal request.
(e) 
Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed 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 permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
(f) 
Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.
(g) 
General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
(h) 
Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.
(i) 
RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
(j) 
Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
(1) 
A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
(2) 
A certificate of occupancy has been issued; or
(3) 
The facility is constructed or modified as approved and in operation; or
(4) 
The build-out period is extended by the City authority which originally approved the permit.
(k) 
Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
(l) 
Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(m) 
Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
(n) 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this article.
(o) 
Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.
(p) 
Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City council. Reimbursement shall be paid when the security is posted and during each administrative review.
(q) 
City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements.
(r) 
Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator of the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
(s) 
Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice of such violation issued by any federal agency and shall notify the Planning Director once the facility comes back into compliance with applicable standards.
(t) 
Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.
(u) 
Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article.
(v) 
Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the Planning Director or City Manager.
(1) 
No permit term extension. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
(2) 
No waiver of standing. The City's grant or grant by operation of law of an Eligible Facilities Request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning Eligible Facilities Requests or any Eligible Facilities Request.
(3) 
Permit subject to conditions of underlying permit. Zoning permits for Eligible Facilities Requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
[Ord. No. 1221-24, eff. October 3, 2024]
Nothing in this article shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this article. All previously installed wireless facilities shall comply with this article and are required to obtain a permit issued pursuant to this article, when applicable in accordance with Chapter 9-8, Article 7, to be considered legal and conforming.
[Ord. No. 1221-24, eff. October 3, 2024]
(a) 
Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council pursuant Section 9-8.206.
(1) 
If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as required by the City within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration.
(2) 
At any time after 90 days following permit revocation, the City may require the facility to be removed and restoration of the premises as the City deems appropriate. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.
[Ord. No. 1221-24, eff. October 3, 2024]
(a) 
The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant to this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, if it is determined that the applicant has established that denial of an application or strict adherence to the design, development and location standards would:
(1) 
Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
(2) 
Otherwise violate applicable laws or regulations; or
(3) 
Require a technically infeasible location, design or installation of a wireless facility;
(4) 
Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
(b) 
If the applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.