HomeMy WebLinkAboutREVISED Item No. 8 Revised Section of Wireless ROW Ordinance APP Section EDIT (2)-c1-c18.a
12.05.060. Applications.
(a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a
paper copy and an electronic copy of any application, amendments, or supplements to an
application, or responses to requests for information regarding an application to: Director, at
201 North E Street, Second Floor, San Bernardino, California 92401.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment
permit, an applicant is encouraged to schedule a pre-application meeting with the Director to
discuss the proposed facility, the requirements of this Chapter, and any potential impacts of
the proposed facility.
(c) Content. An applicant shall submit an application on the form approved by the Director,
which may be updated from time-to-time, but in any event shall require the submission of all
required fee(s), City business license(s), documents, information, and any other materials
necessary to allow the Director to make required findings and ensure that the proposed facility
will comply with applicable federal and state law, this Code, and will not endanger the public
health, safety, or welfare. If no form has been approved, applications:(i) must contain all
information necessary to show that applicant is entitled to the wireless encroachment permit
requested, including, but not limited to, the information and documents listed below; and must
(ii) specify whether the applicant believes state or federal law requires action on the
application within a specified time period.
(1) Any information required pursuant to the wireless regulations;
(2) The name of the applicant, its telephone number and contact information, and if the
applicant is a wireless infrastructure provider, the name and contact information for
the wireless service provider that will be using the personal wireless services
facility;
(3) A complete description of the proposed wireless facility and the work that will be
required to install or modify it, including, but not limited to, detail regarding
proposed excavations, if any; detailed site plans showing the location of the wireless
facility, and specifications for each element of the wireless facility, clearly describing
the site and all structures and facilities at the site before and after installation or
modification; and describing the distance to the nearest residential dwelling unit and
any historical structure within 500 feet of the facility. Before and after 360 degree
photosimulations must be provided.
(4) Documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of this Code and the FCC’s radio
frequency emissions standards.
(5) A copy of the lease or other agreement between the applicant and the owner of the
property to which the proposed facility will be attached.
(6) If the application is for a small cell facility, the application shall state as such and
shall explain why the proposed facility meets the definition of small cell facility in
this Chapter.
Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards))
(7) If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must show that there is an
existing wireless facility that was approved by the City. Before and after 360
degree photosimulations must be provided, as well as documentation sufficient to
show that the proposed facility will comply with generally-applicable health and
safety provisions of the City Code and the FCC’s radio frequency emissions
standards.
(8) Proof that notice has been mailed to owners of all property owners, and the resident
manager for any multi-family dwelling unit that includes ten (10) or more units,
within 500 feet of the proposed personal wireless services facility.
(9) If applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claim. Applicants are not permitted to supplement this
showing if doing so would prevent City from complying with any deadline for
action on an application.
(10) The electronic version of an application must be in a standard format that can be
easily uploaded on a web page for review by the public.
(11) Any required fees.
(d) Fees. Application fee(s) shall be required to be submitted with any application for a
wireless encroachment permit. The Mayor and City Council are hereby authorized to
determine, or cause to be determined, the amount, type, and other terms of such fee(s) from
time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid
as a refundable deposit.
(e) Waivers. Requests for waivers from any requirement of this section shall be made in
writing to the Director or his or her designee. The Director may grant or deny a request for a
waiver pursuant to this subsection. The Director may grant a request for waiver if it is
demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all
information necessary to understand the nature of the construction or other activity to be
conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall
be (1) granted only on a case-by-case basis, and (2) narrowly-tailored to minimize deviation
from the requirements of this Code.
(f) Incompleteness. For personal wireless facilities and eligible facilities requests,
applications will be processed, and notices of incompleteness provided, in conformity with
state, local, and federal law. If such an application is incomplete, the Director may notify the
applicant in writing, and specifying the material omitted from the application.
Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards))