WIRELESS COMMUNICATION FACILITY APPLICATION SUPPLEMENT

Transcription

1 WIRELESS COMMUNICATION FACILITY APPLICATION SUPPLEMENT CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT 505 Suth Vulcan Avenue Encinitas CA (760) W Applicant/Permittees are t becme familiar with the fllwing items when cnsidering the submissin f an applicatin fr a wireless cmmunicatin facility with the City f Encinitas. Items with a check bx next t them require materials t be submitted at the time f applicatin in additin t thse required in the Majr Use Permit r Administrative Design Review Permit applicatin (frms A-1 and A-2 respectively). The City will nly accept wireless cmmunicatin facility applicatins cntaining all f the items utlined within this supplement (Supplement W) having a check bx next t them, and all f the required items utlined in the checklists required in frms A-1 and A-2, respectively. These items must be cmpleted and presented in their entirety at the scheduled intake appintment with the Develpment Services Department. If these materials are fund adequate at the initial intake appintment, then the applicatin will be accepted by the City. If yu have questins as t the adequacy f these items, r want t schedule yur initial intake appintment t make applicatin fr a wireless cmmunicatins facility, please cntact the Develpment Services Department at (760) APPLICABILITY (Sectin f the Encinitas Municipal Cde) Prjects EXEMPT frm these requirements: This Chapter des nt apply t: Hand held mbile phnes. Satellite dishes. Amateur radi facilities. Receiving antennae fr AM and FM radi and televisin, which may be gverned by ther law including, but nt limited t, Municipal Cde Chapters 23.08, 30.16, and Prjects SUBJECT t these requirements: The fllwing materials are required f applicatins fr wireless cmmunicatins facilities within the limits f the City f Encinitas, Califrnia. Including facilities defined by the Telecmmunicatins Act f 1996 and licensed by the FCC, including, but nt limited t, the type cmmnly knwn as: Cellular. Persnal cmmunicatins services (PCS). Specialized mbile radi (SMR). Enhanced specialized mbile radi (ESMR). Paging. Land based repeaters fr satellite bradcast services. Micr-cell antennae. All similar systems which exist nw r may be develped in the future and exhibit technlgical characteristics similar t them. This rdinance shall als apply t wireless cmmunicatin facilities within the public rights-f-way except as prhibited by State Law, City park facilities, City Fire Statins r similar City f Encinitas/San Dieguit Water District gvernment wned r perated prperty. PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc

2 Fr any applicatin within a City wned r perated prperty (including applicatins prpsed in the City s public right-f-way), a Pre-applicatin frm with the City s Wireless Facilities Grup (WFG) shall be made prir t submittal f a Majr Use Permit r Administrative Design Review Permit. The pre-applicatin frm is available at the Develpment Services Department and may be submitted thrugh this department withut an appintment. The WFG cnsists f representatives frm different City departments wh are tasked t review pre-applicatins fr wireless cmmunicatin facilities n City wned r perated prperty. The WFG cnsiders all applicatins within these areas and prvides cmment back t the applicant as t the feasibility f the prpsed pre-applicatin. If the WFG finds the preapplicatin feasible, then a letter f intent will be generated by the City Manager s ffice (r Directr f Parks and Recreatin Dept. fr park facilities; Fire Chief fr fire statins) t be submitted as authrizatin with the applicable Discretinary Permit (A-1) r Administrative Permit (A-2) as defined in Chapter 9.70 f the Encinitas Municipal Cde. Applicable Municipal Cde Chapters: Wireless cmmunicatins facilities prpsed t be lcated within the City f Encinitas may be cnstructed nly pursuant t a permit issued by the City in accrdance with the fllwing cmpnents f the Encinitas Municipal Cde: Chapter 9.70 (Wireless Cmmunicatin Facilities). Chapter (Citizen Participatin Prgram). Chapter (Design Review). Title 30 Zning. All ther applicable laws and regulatins. PERMITS REQUIRED ADMINISTRATIVE DESIGN REVIEW PERMIT (pursuant t Sectin N f the Encinitas Municipal Cde): All applicatins fr a wireless cmmunicatins facility with an antenna array lcated 100 feet r greater frm elementary schls, middle schls, child day care centers, hspitals, and residential dwellings in the fllwing zning districts require an Administrative Design Review Permit: Cmmercial zning designatin. Industrial zning designatin. Public/Semi-Public zning designatin. MAJOR USE PERMIT (pursuant t Sectin N f the Encinitas Municipal Cde): All applicatins fr wireless cmmunicatins facilities with an antenna array lcated within 100 feet f elementary schls, middle schls, child day care centers, hspitals, and residential dwellings prpsed in the fllwing zning districts require a Majr Use Permit: Cmmercial zning designatin. Industrial zning designatin. Public/Semi-Public zning designatin. Pursuant t Sectin N f the Encinitas Municipal Cde, all applicatins fr wireless cmmunicatin facilities within the fllwing districts require a Majr Use Permit. Such applicatin may be granted nly if the Applicant/Permittee submits evidence demnstrating that there is n ther feasible alternative t the prpsed lcatin: Residential zning designatin. PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc

3 Open space zning designatin. Fldplain Overlay zne. Cultural/Natural Resurces Overlay zne. Castal Bluff Overlay zne. Histric sites. Sensitive habitat areas (where nt therwise prhibited). ZONING/SITE PERMIT REQUIRED Industrial Znes L1 BP Cmmercial Znes OP L-LC LC GC L-VSC VSC Public/Semi-Public Znes P/SP ZONING DISTRICTS MAJOR USE PERMIT AND SUPPLEMENTARY MATERIALS Fr antennae within 100 feet f Elementary Schl, Middle Schl, Child Day Care Center, Hspital r Residential Dwelling ADR ADMINISTRATIVE DESIGN REVIEW PERMIT AND SUPPLEMENTARY MATERIALS Fr antennae n clser than 100 feet frm Elementary Schl, Middle Schl, Child Day Care Center, Hspital r Residential Dwelling Residential Znes All Residential Znes Open Space Znes ER/OS/PK MAJOR USE PERMIT AND SUPPLEMENTARY MATERIALS Such applicatin may be granted nly if the Applicant/Permittee submits evidence demnstrating that there is n ther feasible alternative t the prpsed lcatin. OVERLAY ZONES Castal Bluff Overlay Zne Cultural/Natural Resurces Overlay Zne Fldplain Overlay Zne Hillside/Inland Bluff Overlay Zne MAJOR USE PERMIT AND SUPPLEMENTARY MATERIALS Such applicatin may be granted nly if the Applicant/Permittee submits evidence demnstrating that there is n ther feasible alternative t the prpsed lcatin. Agricultural Overlay Zne Public Facilities Overlay As per underlying zning. Scenic Viewshed Crridr SPECIAL SITES Histric Sites MAJOR USE PERMIT AND SUPPLEMENTARY MATERIALS Such applicatin may be granted nly if the Applicant/Permittee submits evidence demnstrating that there is n ther feasible alternative t the prpsed lcatin. PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc

4 SUPPLEMENTARY MATERIALS REQUIRED (Sectin f the Encinitas Municipal Cde): All applicatins must include the fllwing supplementary materials cncerning the prpsed wireless cmmunicatins facility with the initial intake appintment. The City retains a third party cnsultant, at the applicant s expense, t review and assess technical data. Lcatin Type Capacity Field strength r pwer density (include three cpies f a Radi Frequency Emissin (RFE) reprt. A cumulative reprt is required if multiple carriers are present n the subject lcatin); Calculated gegraphic service area (shwn in a map frmat. This map shall clearly delineate the cverage area t be gained by the prpsed wireless cmmunicatins facility). A nise study (include three cpies) demnstrating cmpliance with Chapter (Perfrmance Standards) f the Encinitas Municipal Cde fr the prpsed equipment pwering the prpsed r existing wireless cmmunicatins facility t be mdified. Dcumentatin that the Applicant/Permitee has btained and is in cmpliance with all applicable licenses, permits r authrizatins required by the Federal Cmmunicatins Cmmissin (FCC). Prvide a map and descriptin shwing the lcatin f all existing, prpsed and anticipated wireless cmmunicatins facilities in the Applicant/Permittee s netwrk lcated in the City and within ne-half mile f the City s crprate limit in any directin. A descriptin f hw the prpsed facility fits int, and is a necessary part f, the Applicant/Permittee s netwrk. If the prpsal des nt include cllcatin, written dcumentatin f all effrts made t cllcate at anther site, and justificatin fr the decisin nt t cllcate. In the instance where a facility is prpsed within 100 feet f an elementary schl, middle schl, child day care centers, hspitals and residential dwellings, the Applicant/Permittee shall submit a narrative descriptin f alternative sites cnsidered, if any, and include specific reasns these alternative sites were nt chsen. Shw the lcatin f the prpsed wireless cmmunicatins facility, relative t elementary schls, middle schls, child day care centers, hspitals and residential dwellings. Drawings shall include the lcatins f all elementary schls, middle schls, child day care centers, hspitals and residential dwellings within 100 feet f the antenna array. Prvide a 100-ft radius (measured frm the antenna face), arund all prpsed antennas n the prject site plan. ALL ITEMS REQUIRED AS PART OF THIS SUPPLEMENT (INCLUDING THE PROJECT PLANS) MUST BE SUBMITTED ON A DISC IN PDF OR JPEG FORMAT AT SUBMITTAL. DESIGN (Sectin (2) f the Encinitas Municipal Cde) All prject applicatins fr wireless cmmunicatins facilities shall adhere t the fllwing design criteria: Height: With the exceptin f installatins n pre-existing structures, the installatin shall nt exceed the height limitatins fr the zning district r specific plan. Mst diminutive technlgy: PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc

5 Use f the smallest cmpnents necessary t prvide service that are in use r prpsed fr use within San Dieg Cunty. Mst efficient technlgy: Use f the mst efficient cmpnents t serve the City f Encinitas. In this cntext, mst efficient technlgy is that which allws the Applicant/Permittee t use the fewest number f wireless cmmunicatin facility installatins t serve the City f Encinitas. Stealth Design: The facility shall be designed t visually and peratinally blend int the surrunding area, in a manner cmpatible with the lcal cmmunity character. The facility shall use the quietest cling equipment and whisper emergency generating apparatus. Artificial trees may be permitted in exceptinal circumstances but are generally disfavred. When artificial trees are prpsed, all paint, materials and clrs shall be listed by manufacturer and clr number. When an artificial tree is prpsed, the Applicant/Permittee shall prvide sufficient samples, mdels r ther infrmatin t demnstrate that alternative designs have been cnsidered and rejected, and the reasns fr the rejectins. Landscaping: In the event prtins f the facility will be expsed t public view, and if additinal plantings wuld further minimize the visual impact f the facility, the Applicant/Permittee shall prvide a landscape plan, with an emphasis n native plants. When trees with a trunk width f fur inches r mre (measured by caliper, fur feet abve grade) are prpsed t be remved r trimmed fr the installatin r peratin f a wireless cmmunicatins facility, the Applicant/Permittee shall identify the lcatin f said trees by species and size. In such an instance, trimming shall be minimal and subject t apprval by the City, plus, when trees are prpsed t be remved, replacement trees shall be shwn in the landscape plan t the satisfactin f the Directr. Setbacks: The Applicant/Permittee may prpse t lcate any wireless cmmunicatins facility cmpnent within a required setback if the prpsed lcatin wuld reduce visual impact, imprve safety r therwise exhibit superir design attributes. OPERATION (Sectin (3) f the Encinitas Municipal Cde) All prject applicatin fr wireless cmmunicatin facilities shall include written assurance t perate in accrdance with the fllwing criteria: Security lighting: Security lighting shall be kept t a minimum in every instance and shuld nly be triggered by a mtin detectr where practical. The negative effects f security lighting int residential districts shall be minimized. Maintenance: All facilities, landscaping, and related equipment shall be maintained in gd wrking rder and free frm trash, debris, graffiti and designed t discurage vandalism. Any damaged equipment shall be repaired r replaced within 30 calendar days. Damaged, dead r decaying plant materials shall be remved and replaced within 30 calendar days. Maintenance hurs: Rutine maintenance f equipment lcated in residential znes r within 100 feet f a residential zning district shall be cnducted nly during the hurs f 8 AM t 5 PM weekdays, nt including hlidays. In ther areas, rutine maintenance may be cnducted at any time. Emergency repairs and maintenance shall be cnducted nly in the cases f pwer utages and equipment failure r malfunctin. Equipment change ut and verhaul can ccur any time with 30 days ntice t the Directr t allw ntice t prperty wners and residents within 300 feet f the facility. PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc

6 Mnitring: Once the wireless cmmunicatins facility is perating, the City may require the Applicant/Permittee t submit dcumentatin that the facility is perating within the technical standards as described in the applicatin and the Federal Cmmunicatins Cmmissin permit. Independent field strength r pwer density measurements shall be prvided t the Directr within 30 days f written request t the Applicant/Permittee. Within 30 days befre r after the first annual anniversary f when the City issues any permit authrized by this Chapter, and thereafter at five year intervals, the Applicant/Permittee shall submit the fllwing infrmatin, in writing, t the Directr. Cnfrmatin that the facility cntinues t perate in cmpliance with all terms and cnditins f apprval by the City. Independent field strength r pwer density measurements taken within the past 30 days that verify that the facility cntinues t perate in cmpliance with all terms and cnditins and emissins standards impsed by the Federal Cmmunicatins Cmmissin. Cnfirmatin that there is n equipment available that wuld enhance the safety, efficiency r visibility f the facility r reduce the size f the facility. Cnfirmatin that there are nt mre apprpriate lcatins available fr the facility. Cnfirmatin that the facility cntinues t functin as an essential element f the Applicant/Permittee s netwrk. Dcumentatin f any cmplaints received by the Applicant/Permittee since the inceptin f peratins regarding the peratin and maintenance f the facility, including the Applicant/Permittee s actins t address the cmplaints. Cnstructin time: All wireless cmmunicatins facilities which receive a permit under this Chapter shall be cmpleted and peratinal within 180 calendar days f the issuance f the permit and all related permits r licenses. The cnstructin time may be extended fr an additinal 180 calendar days upn a shwing f gd faith effrts t cmplete the facility, which shall take int accunt cmplicatins beynd the cntrl f Applicant/Permittee. If the facility is nt cmpleted and peratinal by the end f the extensin perid, then the permit shall expire, and the Applicant/Permittee must reapply fr the permit; hwever, this prvisin shall nt apply when the Applicant/Permittee demnstrates t the satisfactin f the Directr that the peratinal delay is due entirely t factrs beynd the cntrl f the Applicant/Permittee, in which event the Directr may extend the cnstructin time in his r her discretin. Abandnment and decmmissining: Any facility that ceases perating fr mre than 90 cnsecutive days shall be cnsidered abandned. In such an event the Applicant/Permittee must either 1) apply fr all permits required at the time f expiratin t reactivate the peratin, r 2) remve all elements f the facility and restre the site. In the event the Applicant/Permittee fails t apply fr permits r perfrm the remval and restratin within. PBD\\T:\Handuts\riginals\Wireless Cmmunicatin Facility Applicatin Supplement.dc