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Home My WebLink AboutRES NO 153-18RESOLUTION NO. 15 3 l E X -Ref. Orel 4954 RESOLUTION ADOPTING A POLICY REGULATING WIRELESS FACILITIES PURSUANT TO BAKERSFIELD MUNICIPAL CODE CHAPTER 12.30. WHEREAS, Bakersfield Municipal Code Chapters 12.30 authorizes the City to adopt a policy that establishes the rules and procedures by which the City reviews permit applications for wireless facilities; and WHEREAS, the City has developed a regulatory policy for wireless facilities located within the public rights-of-way, which is attached to this resolution as Exhibit A and incorporated herein by this reference; and WHEREAS, the City Council finds the wireless facility policy consistent with the provisions and intent in the General Plan, Bakersfield Municipal Code Chapter 12.30 and other applicable provisions in the Bakersfield Municipal Code; and WHEREAS, the City Council finds the wireless facility policy will, to the extent permitted by federal and California law, protect and promote public health, safety and welfare, and also 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. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. 2. The policy for wireless facilities attached to this resolution as Exhibit A is hereby adopted. 3. The policy may be amended from time to time by resolution of the City Council. --- 0000000--- C C\Prog'am Fllm✓061\N-10 Com\Doccometlerpm\Temp\NVDC\C9EB136C BCMB279'BNEAMD FDC4207\Baker0ek 1293 !.Wm,_Pdcy A—D� T V O - Page 1 of 3 Pages - DDRIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 12 2018 , by the following vote: Z/✓ ✓ ✓ / ✓ YES' CO UNCILMEMBER RIV ER A, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PAR HER NOES: COUNCILMEMBER Noon ABSTAIN' COUNCILMEMBER oY`C ABSENT: COUNCILMEMBER NQyi d&' ' /V) J IE DRIMAKIS, Assistant City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 12 2018 By: /�441 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attor y By: ANDREW HEGLII D Deputy City Attorney oFeAKeg C\Hogrom F,e l%061\NeeNO Com\NocconveNerg \7,\NVDC\C9EBo6GBCB"2I9d12E-A.O FNCO2467\Bakersfield. 129931 r.1— 1.1, .D001= m U O Page 2 of 3 Pages - ORIGINAL EXHIBIT A BAKERSFIELD CITY COUNCIL POLICY REGULATING WIRELESS FACILITIES (appears behind this cover) gAKF9 C 1,. =861\IueevinCom\Docmnverlerpro\Temp\NVDC\C9 EB 136C -BC B84279d70E-nBBDFDC42487\Dakersfeld. 12993.1 Wtales5_Pollcy_keso.Doc2 pF jJl - Page 3 of 3 Pages - o ORIGMAL t �wk' W t s e t This Deployment Policy for Wireless Facilities in the Public Rights -of -Way was adopted by the Bakersfield City Council on December 12, 2018 (Resolution 153-18). CAO file><— s:Wublic works wireless communications facilities\bakersfield wireless deployment policy final.docr City of Bakersfield Wireless Facilities in the Public Rights of Way Deployment Policy Page 0 of 64 o`` g AKF9� In T u c ORIGINAL Table of Contents SECTION 1 GENERAL PROVISIONS.......................................................................................................3 SUBSECTION 1.1 PURPOSE AND INTENT.................................................................................................3 SUBSECTION 1.2 GENERAL DEFINITIONS................................................................................................4 SECTION 2 WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY..................................5 SUBSECTION 2.1 APPLICABILITY...........................................................................................................5 SUBSECTION 22 PERMIT—REQUIRED......................... .......................................................................... 6 SUBSECTION 2.3 PERMIT APPLICATION REQUIREMENTS AND PROCEDURES..................................................7 SUBSECTION 24 PERMIT—NOTICE AND FINDINGS................................................................................. 11 SUBSECTION 2.5 PERMIT TRANSFER .................................................................................................. 14 SUBSECTION 2.6 DESIGN AND DEVELOPMENT REGULATIONS—LOCATION STANDARDS .................................. 14 SUBSECTION 2.7 DESIGN AND DEVELOPMENT REGULATIONS—DESIGN STANDARDS ...................................... 16 SUBSECTION 2.8 STANDARD CONDITIONS OF APPROVAL........................................................................ 24 SUBSECTION 2.9 REMOVAL OF FACILITIES—PERMIT EXPIRATION, EARLIER .................................................... 29 SUBSECTION 2.10 MODIFICATION OR REMOVAL OF FACILITIES—EXIGENT CIRCUMSTANCES..............................30 SUBSECTION 2.11 MODIFICATION OR REMOVAL OF FACILITIES—CONFLICTS WITH..........................................30 OTHER PUBLIC RIGHTS -OF -WAV USES SUBSECTION 2.12 NONCONFORMING FACILITIES..................................................................................... 31 SUBSECTION 2.13 CELLS ON WHEELS DEPLOYMENT................................................................................. 31 SUBSECTION 2.14 APPEAL.................................................................................................................. 31 SECTION 3 ELIGIBLE FACILITIES REQUESTS...................................................................................... 32 SUBSECTION 3.1 APPLICABILITY, REQUIRED PERMITS AND APPROVALS........................................................ 32 SUBSECTION 32 SPECIAL DEFINITIONS FOR ELIGIBLE FACILITIES REQUESTS ................................................... 32 SUBSECTION 3 3 SECTION 6409 APPLICATIONS, SUBMITTALS AND COMPLETENESS REVIEW ............................. 35 City of Bakersfield Wireless Facilities in the Public Rights of Way Deployment Policy Page 1 of 64 KF9m V G ORIGINAL SUBSECTION 34 DECISIONS AND APPEALS........................................................................................... 39 SUBSECTION 3.5 STANDARD CONDITIONS OF APPROVAL........................................................................ 40 SECTION 4 SMALL WIRELESS FACILITIES...........................................................................................45 SUBSECTION 4.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS........................................................ 45 SUBSECTION 42 SPECIAL DEFINITIONS FOR SMALL WIRELESS FACILITIES...................................................... 45 SUBSECTION 43 PERMIT APPLICATION REQUIREMENTS......................................................................... 46 SUBSECTION 44 PERMIT—APPLICATION SUBMITTAL AND COMPLETENESS REVIEW ........................................ 49 SUBSECTION 4.5 APPROVALS AND DENIALS; NOTICES............................................................................. 50 SUBSECTION 4.6 STANDARD CONDITIONS OF APPROVAL........................................................................52 SUBSECTION 4.7 LOCATION REQUIREMENTS......................................................................................... 58 SUBSECTION 4.8 DESIGN STANDARDS................................................................................................. 59 City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 2 of 64 ti V C ORIGINAL Deployment Policy GENERAL PROVISIONS 1.1 PURPOSE AND INTENT 111 The City of Bakersfield intends this policy to establish reasonable, uniform and comprehensive standards and procedures for 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 California 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 interest is maintained on a case-by-case basis; (2) protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the City's environmental resources; and (4) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors. 1.1.2 This policy is not intended to, nor may it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent 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; (S) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, 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 California law. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 3 of 64 o gAK,9q � m ti C ORIQINAL 1.2 GENERAL DEFINITIONS 12.1 "approval authority' means the City official or board responsible for reviewing applications for permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this policy. The approval authority for applications in connection with a WFR permit governed under Section 2 will be the Director and the Board of Zoning Adjustment as delineated in that section. The approval authority for applications in connection with a Section 6409 approval in Section 3 or a WFR permit governed under Section 4 will be the Director. 1.2.2 "Cell on wheels" means facilities temporarily transported in or temporarily installed 1.2.3 "concealed" or "concealment" means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to. (1) antennas mounted within a radome above a streetlight; (2) equipment cabinets In the public rights-of-way painted or wrapped to match the background; and (3) equipment shrouds or cages to conceal pole -mounted transmission equipment. 1.2 4 "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. 1.2.5 "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. 12.6 "Department" means the Department of Public Works. 1.2.7 "Director" means the Director of Public Works or designee. 12.8 "Exigent circumstance" means a dangerous condition, obstruction of the public right-of-way or an imminent threat to the public health, safety or welfare or the public's use of the public right-of- way. 1.2 .9 "FCC" means the Federal Communications Commission or its duly appointed successor agency. 1.2.10 "FCC Shot Clock" means the presumptively reasonable timeframe within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 4 of 64 ��0AKe9r ORIGINAI T2,11 "ministerial permit" means any City -issued non -discretionary permit required to commence or complete any construction or other activity subject to the City'sjurisdiction. Ministerial permits may include, without limitation, a building permit, construction permit, encroachment permit, grading permit, and/or street permit. 12.12 "personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. 1.2.13 "personal wireless service facilities' means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as facilities that provide personal wireless services. 1.2.14 "RF" means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range. 1.2.15 "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. 1.2.16 "small wireless facility" or "small wireless facilities" means the same as defined by the FCC in 47 C.F.R. § 1.6002((), as may be amended or superseded. 1.2.17 "tower" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended or superseded, which defines that term as 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 wireless communications 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. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono -trees and lattice towers. 2 WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS- OF-WAY 2.1 APPLICABILITY 2.1.1 Applicable Wireless Facilities. Except as expressly provided otherwise in this policy, the provisions in this Section 2 will be applicable to all existing wireless facilities in the public rights-of-way and all applications and requests for authorization to construct, install, attach, operate, collocate, City of Bakersfield Wireless Facilites in the Public Right of Way Deployment Policy Page 5 of 64 6AKe 0 9s U C n9(GI vAi modify, reconstruct, relocate or otherwise deploy wireless facilities in the public rights-of-way within the City's jurisdictional and territorial boundaries. 2.1.2 Special Provisions for Small Wireless Facilities. Notwithstanding Subsection 2.11, all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities, as defined by the FCC in 47 C.F.R. § 1.60020, will be reviewed under the procedures and standards in Section 4. 2.1.3 Special Provisions for Eligible Facilities Requests. Notwithstanding Subsection 2.11, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be reviewed under the procedures and standards in Section 3. 2.1.4 Exempt Wireless Facilities. This Section 2 does not apply to the following. 2.14.1 Facilities owned and operated by the City for its use; 2.1.4.2 Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement; 2.1.4.3 Government-owned and operated telecommunications facilities; 2.1.4.4 Facilities owned and operated by an emergency medical care provider; 2.1.4.5 Mobile services providing public information coverage of news events of a temporary nature; or 2.1.4.6 Facilities not in the public ROW. 2.2 PERMIT—REQUIRED 2.2.1 Wireless Facilities Right -of -Way Permit – Director Approval. A Wireless Facilities Right -of -Way Permit (WFR Permit), subject to the Director's prior review and approval and the other requirements of this Section 2, is required for. 2.2.1.1 any new wireless facility proposed on an existing or replacement support structure that does not exceed 6 cubic feet in total volume, including antennas and accessory equipment; or City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 6 of 64 o eAKF9N U � �RIq INAL 2 21 any new wireless facility proposed on an existing or replacement support structure in a preferred location that does not exceed 11 cubic feet in total volume, including antennas and accessory equipment. 2,22 Wireless Facilities Right -of -Way Permit — Board of Zoning Adjustment Approval. A WFR Permit, subject to the Board of Zoning Adjustment's prior review and approval, is required for any new wireless facility in the public right-of-way not subject to Director approval; provided, however, that the total volume of pole -mounted antennas and accessory equipment does not exceed 17 cubic feet and the total of ground -mounted and pole -mounted antennas and equipment does not exceed 28 cubic feet. Any application for any wireless facility in the public rights-of-way with more than 28 cubic feet of antennas and accessory equipment may only be approved through a limited exception as provided in Subsection 2.4.6. 2.2.3 Other Permits and Regulatory Approvals. In addition to any other permit or approval required under this Section 2, 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 other any permits and/or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this Section 2 or deemed granted or deemed approved by law will remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. 2.3 PERMIT—APPLICATION REQUIREMENTS AND PROCEDURES 2.31 Application Content. Each applicant requesting a WFR Permit must fully and completely submit to the Department a written application on a form prepared by the Director and pay the required WFR Permit fee and deposits. In addition, all applications for a WFR Permit must include, at a minimum, all the information and materials required in this Subsection 2.3. 2.3.1.1 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the 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: (i) 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; (ii) identify all structures within 250 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 7 of 64 of 9AK�9N V � ORIGIPIAI. backhaul utilities, which must include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) 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. 2.31.2 Site Survey. The applicant must submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (v) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. 2.3.1.3 Photo Simulations. The applicant must submit site photographs and photo simulations that show the existing location and the wireless facility before and after the collocation or modification. The photographs and photo simulations must show the 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. 2.3.1.4 Project Purpose Statement. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of potentially affected users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. 2.3.1.5 Alternative Sites Analysis. The applicant must submit a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this Section 2 as the proposed location and design. This explanation must include a meaningful comparative City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 8 of 64 F BAKF9 o , U e OF2;INAI analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this Section 2 as the proposed location. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. 2.3.1.6 RIF Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts ERP) 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 must be clearly marked and identified for every transmitting antenna at the project site 2.3.1.7 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the wireless facility proposed in the application. 2.3.1.8 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an engineer for the proposed collocation or modification 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 that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 2.3.2 Independent Consultant Review. The Director may retain an independent, qualified consultant to review the technical aspects of any WFR Permit application, and the applicant must pay the cost of this review through a deposit as required by the Director. No WFR Permit will be issued to any applicant that has not fully reimbursed the City for the consultant's cost. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 9 of 64 � 8 AKF9 o T � m U C ORUNAL 2.3.3 Requirements for a Duly Filed Application. Any application fora WFR Permit will not be considered duly filed unless submitted in accordance with the requirements in this Subsection 2.3. 2.3.3.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the Director. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The Director will use reasonable efforts to provide the applicant with an appointment within 5 working days after the Director receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed. 2.3.3.2 Pre -Submittal Conferences. The City strongly encourages, but does not require applicants to schedule and attend a pre -submittal conference with the Director for all proposed projects that involve the deployment of more than ten wireless facilities. This voluntary, pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent Issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications 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. The Director will use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 2,34 Application Completeness Review. Within 30 calendar days after the Director receives a duly filed application, the Director will review the application for completeness and, if any application does not contain all the materials required in this Subsection 2.3 or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 2.3 .5 Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this Subsection 2.3 will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Department within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The City of Bakersfield Wireless Facilites in the Public Right of Way Deployment Policy Page 10 of 64 r- ?,Ake 9r o ORIGINAL Director may, in the Director's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension. 2.3.6 Additional Requirements and Regulations. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy. The City Council further authorizes the Director to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the Director 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. 2.4 PERMIT—NOTICE AND FINDINGS 2,41 General Notice Requirements. 2.4.11 Director Approval. The Director will administratively review a complete and duly filed application for a WFR Permit governed under Subsection 2.3 in or adjacent to a residential zone and may act on such application not less than 10 calendar days after the applicant posts notice at the project site. The posted notice must contain (1) a general explanation of the proposed project; (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the Director and (4) other requirements as determined by the Director. On the same day that the applicant posts notice, the applicant must deliver written notice to the Director that shows the appropriate notice has been posted at the project site. The applicant is not required to post notice before the Director will administratively review a complete and duly filed application for a WFR Permit governed under Subsection 2.3 in or adjacent to any other zone. 24,12 Board of Zoning Adjustment Approval. Except as provided in this policy, public notice In accordance with Bakersfield Municipal Code Chapter 17.64 in addition to the posting requirements in Subsection 2.4.1.1 must be provided for all applications for a WFR Permit governed under Subsection 2.2.2. 2A 2 Deemed -Approval Notice. Not more than 30 days before the applicable FCC Shot Clock expires, and in addition to any public notice required prior to a decision, an applicant for a WFR Permit must provide a posted notice at the project site that contains (1) a statement the project will be City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 11 of 64 5AKF9 r c ORS@IMf1 automatically deemed approved pursuant to California Government Code § 65964.1 unless the City approves or denies the application or the applicant voluntarily agrees to toll the timeframe for review within the next 30 days; (2) a general description for the proposed project; (3) the applicant's name and contact information as provided on the application submitted to the City; and (4) contact information for the Department. The public notice required under this subsection will be deemed given when the applicant delivers written notice to the Department that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this policy, the approval authority must be permitted to act on an application for a WFR Permit at any time so long as any applicable prior public notice in this Subsection 2 4 has occurred. 2.4.3 Decision Notice. Within 5 calendar days after the approval authority acts on a WFR Permit application governed under Section 2.3 or before the FCC Shot Clock expires (whichever occurs first), the approval authority or its designee must send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal. 2.4.4 Required Findings, No WFR Permit will be issued unless all of the following findings are made. 2.44.1 All notices required for the proposed installation have been given; and 2.44.2 The proposed facilities have been designed and located in compliance with all applicable provisions of this Section 2 including, but not limited to, all design and development regulations contained herein and those established by the Director; and 2.4.4.3 The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and 2.4.4.4 The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the City, permitting it to use the public right-of-way; and 2445 The applicant has proposed to place the wireless facility in the most -preferred location or, if the wireless facility is not proposed in the most -preferred location, the applicant has demonstrated a good -faith effort to identify and evaluate more -preferred alternative locations through a meaningful comparative analysis; and City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 12 of 64 oFeNK,9q M ORIGINAL 2.4.4.6 The applicant has provided the approval authority with a meaningful comparative analysis that shows all more -preferred alternative designs identified in the administrative record are either technically infeasible or unavailable. 2.4.5 Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Section 2 is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any WFR Permit application governed under Subsection 2.3 as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. 2,4,6 Limited Exception. In the event that an applicant claims that strict compliance with the standards in this Section 2 would effectively prohibit the applicant's ability to provide personal wireless services, the Board of Zoning Adjustment may grant a limited exception from such requirements in accordance with this subsection. 2.4.6.1 Required Findings for a Limited Exception. The Board of Zoning Adjustment must not grant any limited exception unless the applicant shows that: 2.4.6.1.1 the proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 U.S.C. § 332(c)(7)(C)(11), as may be amended or superseded; and 2A 6.1.2 the applicant has provided the Board of Zoning Adjustment with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and 2.4.61.3 the applicant has provided the Board of Zoning Adjustment with a written statement that contains a detailed and fact -specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Section 2; and 2.4.61.4 the applicant has provided the Board of Zoning Adjustment with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 13 cfgfikF9N U C ORIGINAL 2 4.6.1.5 the applicant has demonstrated to the Board of Zoning Adjustment that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes, without limitation, a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the Intended service area. 2.4.6.2 Scope. Any limited exception must be narrowly tailored to ensure that any deviations from the standards in this Section 2 are no greater than necessary to avoid an effective prohibition of the applicant's personal wireless services. Limited exceptions must be based on the facts and circumstances of the applicant, its demonstrated technical service objectives at the time the exception is granted and the proposed wireless facility, and must not be deemed to establish any precedent for similar deviations for the same or any other applicant, location or wireless facility. 2.5 PERMIT—TRANSFER Transfer of a WFR permit issued pursuant to this subsection is prohibited and voids the WFR Permit unless the permittee first notifies the Director, in writing, of the proposed transfer, satisfies the requirements imposed by the Director for the transfer to be effective and the Director approves of the transfer in writing. 2.6 DESIGN AND DEVELOPMENT REGULATIONS—LOCATION STANDARDS 2.6.1 Preferred Locations. All new wireless facilities in the public rights-of-way must be sited in the following locations, ordered from most preferred to least preferred. 2.6.11 locations within commercial or industrial zones on or along arterial roads; 2.6.1.2 locations within commercial or industrial zones on or along collector roads; 2.6.1.3 locations within commercial or industrial zones on or along local roads; 2.6.1.4 locations within residential zones on or along arterial roads; 2.6.1.5 locations within residential zones on or along collector roads; then 2.61.6 any location in any zone within 250 feet from any structure approved for a residential use City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 14 of 64 o`` 6AkF9N v ORIGINAL 2.6.2 Support Structures in the Public Rights -of -Way. The City prefers small wireless facilities to be installed on support structures in the public rights-of-way, ordered from most preferred to least preferred, as follows. 2.62 .1 existing or replacement streetlight poles; 2.6.2.2 existing or replacement wood utility poles; 2.6.2.3 new, non -replacement streetlight poles; then 2.6.2.4 new, non -replacement poles for small wireless facilities. 2.6.3 Prohibited Support Structures. The City prohibits small wireless facilities to be installed on the following support structures, whether located in the public rights-of-way or not: 2.6.31 decorative poles; 2.6.3.2 traffic signals, signs, poles, cabinets and related devices; 2.6.3.3 any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the WFR Permit application; and 2.6.3.4 new, non -replacement wood poles. 2.64 The approval authority may take into consideration whether any more preferred locations are technically feasible and potentially available. For purposes of this Subsection 2.6, a location within the public rights-of-way will be deemed to have the same zoning classification as the nearest private property parcel. 2.6.5 Discouraged Locations. The City strongly discourages new wireless facilities in the public rights-of- way in the following locations when a technically feasible and potentially available alternative in a .preferred" location exists. Any application for a new wireless facility in the following "discouraged" locations must not be approved without a limited exception granted by the review authority pursuant to Subsection 2 4.6. 2.6.51 Kern River Parkway; 2.6.5.2 Corridors with decorative lighting and streetscaping; and City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 15 of 64 of 6AkF9m � c ORIGINAL 2.7 2.7.1 2.6.5.3 Structures that are historic or potentially historic or have been deemed architecturally significant. DESIGN AND DEVELOPMENT REGULATIONS—DESIGN STANDARDS General Design Standards. 2.7.1.1 Concealment. Wireless facilities in the public rights-of-way must be concealed, screened and camouflaged to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses in terms of color, size, proportion, style and quality. In addition, wireless facilities in the rights-of-way must not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction. 27,12 Overall Height. Wireless facilities in the public rights-of-way may not exceed either (a) the minimum separation from supply lines required by CPUC General Order 95, as may be amended or superseded, plus 4 feet or (b) 4 feet above the height of the existing support structure. To the extent that, in the City's discretion, the 4 -foot height allowance would cause the applicant's wireless facility to be materially incompatible with the overall height or appearance of the surrounding support structures in the public right- of-way, the City may require the applicant to propose an alternative design (such as mounting the antenna(s) on the side of the pole) or location to the extent technically feasible. No new pole may exceed 28 feet in height. 2.7.1.3 Encroachments over Private Property. Wireless facilities in the public rights-of-way may not encroach onto or over any private property without the property owner's express written consent. 2.7.1.4 Noise. At no time may noise from any wireless facilities, accessory equipment or transmission equipment exceed an exterior noise level of fifty-five decibels, three feet from the source of the noise, if the facility is located within the public right-of-way; provided, however, that for any such facility located within five hundred feet of any property zoned residential or improved with a residential use, such equipment noise must not exceed forty-five decibels three feet from the sources of the noise. The City may require the permittee to incorporate appropriate noise -baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment (such as backup power generators) reasonably likely to exceed the applicable limit. In the event that a duly authorized federal, state, countyor City official declares an emergency within a region that includes the City in whole or in part, backup power generators may exceed City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 16 of �akF9N c the applicable noise control standards and regulations in the affected part of the City to the extent reasonably necessary to operate the facility until the declared emergency is lifted or power is restored to the affected facility. 2.71.5 Lights. Wireless facilities in the public rights-of-way may not include exterior lights other than as may be required under FAA, FCC, other applicable governmental regulations or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment (such as status or indicator lights) must be appropriately shielded from public view. The provisions in this subsection may not be interpreted to prohibit installations on streetlights or the installation of luminaires on new poles when required by the City. 27 16 Landscape Features. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. 2.7.1.7 Site Security Measures. Wireless facilities in the public rights-of-way may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism that would result in hazardous situations, visual blight or attractive nuisances. All wireless facilities must be constructed from graffiti -resistant materials. The City may require additional concealment elements as the City finds necessary to blend the security measures and other improvements into the natural and/or built environment. The City will not approve barbed wire, razor ribbon, electrified fences or any similar security measures. 2.7.1.8 Backup Power Sources. The City prohibits backup power sources installed on the ground within the public rights-of-way unless installed underground. Backup power sources may be temporarily allowed on the ground within the public rights-of-way in duly declared emergencies, 2.7.1.9 Signage; Advertisements. Wireless facilities in the public rights-of-way must include signage in a format and size that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. If the wireless facilities are installed on a pole, the sign outlined above must be installed on the pole or wireless facilities between City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 17 of 64 OF qA keS, ORIGINAL 8 feet and 10 feet from the ground on the street side of the pole. Wireless facilities 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. 2.7.1.10 Future Collocations and Equipment. To the extent feasible and aesthetically desirable, all new wireless facilities in the public rights-of-way should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The City may waive the requirements in this subsection when it determines future collocations at a proposed wireless facility would be aesthetically undesirable. 2.7.1.11 Utilities. Unless otherwise approved by the City and to the extent feasible: (A) all cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities; (B) undergrounded cables and wires must transition directly into the pole base without any external doghouse; and (C) meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations. The City will not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna. 2.7.1.12 Public Safety. All wireless facilities in the public rights-of-way and any associated equipment or improvements must not physically interfere with or impede access to any: (A) worker access to any above -ground or underground infrastructure fortraffic 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; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above- ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (F) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (F) access to any fire escape. 2.7.1.13 Compliance with CPUC Safety and Loading Standards. All wireless facilities in the public rights-of-way must comply with all applicable CPUC general orders, which includes without limitation CPUC General Order 95 and CPUC General Order 128, as may be revised or superseded in the future, and the rules, regulations, and other requirements City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 8 gfACk4�9 ti ORIGINAL adopted or enacted by the CPUC under such general orders. Each wireless facility must be properly engineered to withstand wind and seismic loading consistent with the foregoing requirements and any applicable safety standards including without limitation the building code, electric code, National Electric Safety Code, and Pacific Gas and Electric Company service requirements and technical bulletins, as may be revised or superseded. Where any conflict exists between the CPUC general orders, Pacific Gas and Electric Company requirements and safety standards, the more stringent requirements will apply, as determined bythe City. For modifications to existing wireless facilities or attachments to existing support structures, an evaluation of lateral load capacity must include the impact of the proposed facility on the total structure load capacity 2.7.2 Pole -Mounted Wireless Facilities. 2.7.2.1 Support Structures. 2.7.2.11 Preferred Support Structures. New wireless facilities in the public rights-of- way must be installed on existing or replacement support structures whenever feasible. The City may require an existing support structure to be replaced if the proposed wireless facility on a replacement support structure would be more consistent with the provisions and objectives in this Section 2. Replacement support structures must be substantially similar to the original support structure in material, size, diameter, shape, functionality and appearance. All installations on utility poles must fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded. 2.7.2.1.2 Discouraged Support Structures. The City will not approve any new, non - replacement support structures unless: (i) the applicant demonstrates that above -ground support structures within 500 feet from the proposed site location either do not exist or are not technically feasible or potentially available to the applicant; or (ii) the City specifically finds that a new, non - replacement support structure would be more aesthetically desirable and more consistent with the provisions and objectives in this Section 2 than installations on existing or replacement structures near the project site. If the City determines that a new pole is required, Subsection 2.7.2 T4 will apply. The City will have the discretion to require that any new support structure must be concealed as decorative street furniture and/or a streetlight that conforms to the City's streetlight standards and specifications, which the City will maintain for street illumination and public safety purposes. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 19 of 64 OAKF of fl0 C OR141NA4. 2.72.1.3 Prohibited Support Structures. New wireless facilities in the public rights-of- way may not be installed on any traffic signals, street signs or decorative streetlights. 2.7.214 New Poles. A new pole must be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, as required by the City, provided, however, that the City reserves the right to prohibit new, non -replacement wood poles. New poles that are not replacement poles must be located at least 200 feet away from any existing pole to the extent feasible. A new pole justification analysis must be submitted to demonstrate (i) why existing infrastructure cannot be utilized and (ip that the new pole is the least intrusive means possible including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility. 2.7.22 Antennas. 2.7.22.1 Installation Preferences. To the extent feasible, antennas must be installed utilizing the least amount of space necessary. It is preferred that antennas be installed above the pole using the least visible equipment possible with elements flush -mounted and concealed, to the extent feasible. Side - mounted antennas installed on stand-off brackets may be approved by the City but only when the applicant demonstrates that it would be technically infeasible to install the antennas above the pole. Antennas installed on wooden cross arms are prohibited. 27222 Pole -Top Antennas. Antenna(s) installed above the pole must be concealed within a single, canister -style shroud that tapers to the pole. The cable connections, antenna mount and other hardware must be concealed within the antenna shroud or other cable and mounting bracket shroud. GPS antennas, data transport or backhaul antennas and other similar antennas must be placed within the antenna shroud or otherwise concealed from public view through other techniques. All cables must be run within the interior of the pole and must be camouflaged or hidden to the fullest extent feasible. The maximum vertical separation between the antenna and the pole will be the minimum separation required by applicable health and safety regulations (such as CPUC General Order 95). 2.7.2.2.3 Side -Mounted Antennas. Side -mounted antennas on a stand-off bracket must be concealed within a shroud. All cables, wires and other connectors City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 20 of 64 of gAKF9N V C ORIGINAL must be concealed within the side-arm mount or other extension arm(s) to the extent feasible. The maximum horizontal separation between the antenna and the pole will be the minimum separation required by applicable health and safety regulations (such as CPUC General Order 95), 2.7.2.2 4 Antenna Volume. Each antenna associated with a wireless facility in the public rights-of-way must not exceed 3 cubic feet in volume, and the cumulative volume for all antennas associated with a wireless facility in the public rights-of-way must not exceed 6 cubic feet in total volume. The volume calculation includes any shroud, radome or other concealment device used in connection with the antenna. 2.7.2.3 Accessory Equipment. 2.7.2.3.1 Installation Preferences. All non -antenna accessory equipment must be designed to occupy the least amount of space in the right-of-way that is technically feasible. All permittees should, to the extent feasible, install non - antenna accessory equipment according to the following preferences, ordered from most preferred to least preferred: (i) pole -mounted, (ii) undergrounded, (iii) base -mounted, and (iv) ground -mounted. 2.7.2.3.2 Pole -Mounted Accessory Equipment. All pole -mounted equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush -mounted equipment, the maximum separation between the equipment and the pole will be the minimum separation required by such regulations. All pole -mounted equipment and required or permitted signage must be placed and oriented in a manner that minimizes visibility from adjacent sidewalks and structures to the extent feasible. Pole -mounted equipment may be installed behind existing or new street, traffic or other signs subject to the City's discretion. All cables, wires, and other connectors must be routed through conduits within the pole whenever possible, and all conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible. To the extent that cables, wires and other connectors cannot be routed through the pole, permittees must route them through a single external conduit or shroud that has been finished to match the underlying support structure. Publicly visible spools, service loops, excess cable or fiber on aerial strand and "snow shoes" on the support structure are prohibited. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 21 F m U C PnfOINA4 2.7.2.3.3 Undergrounded Accessory Equipment. To conceal the equipment to the maximum degree feasible, permittees must install all accessory equipment underground in any area in which the existing utilities are primarily located underground. In all other areas, permittees must install all equipment (other than the antenna) underground when the City finds substantial evidence in the written record that above -ground equipment would incommode the public's use of the rights-of-way. When determining whether to require undergrounded equipment, the City will take into account whether and to what extent there are existing aboveground utilities in proximity to the proposed site location. Vents for airflow must be flush -to -grade when placed within the sidewalk, and may not exceed two feet above grade when placed off the sidewalk. Unless the permittee can demonstrate a severe economic hardship, mere additional expense to install and maintain an underground equipment enclosure does not exempt a permittee from the requirements in this subsection. 2.7.2.3.4 Base -Mounted Accessory Equipment. Base -mounted equipment shrouds or enclosures must be integrated into the support structure, reasonably proportional in size and consistent with the underlying support structure's design and finishes. All cables, wires and other connectors routed between the antenna and base -mounted equipment must be concealed from public view. 2.7.2.3.5 Ground -Mounted Accessory Equipment. To the extent that the equipment cannot be placed in the City's more -preferred locations, permittees may be permitted to install the accessory equipment within a single, low -profile shroud or cabinet in a location that does not obstruct pedestrian or vehicular traffic. All ground -mounted equipment must be placed in the least conspicuous location available within a reasonable distance from the pole. The City may condition approval on new or enhanced landscape features to conceal ground -mounted equipment. The equipment shroud or cabinet must contain all the equipment associated with the facility other than the antenna. All cables and conduits associated with the equipment must be concealed from view, routed directly through any concrete, metal, or composite pole and undergrounded between the pole and the ground - mounted cabinet. The City may require the applicant to incorporate concealment elements into the proposed design. Concealment may include, but will not be limited to, public art displayed on the cabinet, installing a replacement pole with a decorative base for equipment concealment, strategic placement in less obtrusive locations, and placement within existing City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 22 of 64 � gAHF9 T. J CCCP or replacement street furniture such as a bus stop bench or trash bin specifically designed to conceal transmission equipment. 2.72.3.6 Accessory Equipment Volume. All non -antenna accessory equipment associated with a wireless facility installed on or above ground level in the public rights-of-way must not cumulatively exceed 17 cubic feet in volume. The volume calculation includes any shroud, cabinet or other concealment device used in connection with the non -antenna accessory equipment. The volume calculation does not include any equipment or other improvements placed underground or fully concealed within street furniture compatible with the built and/or natural environment in the vicinity. Depending on the context, such street furniture may include, without limitation, trash bins, mailboxes, benches, and bus shelters. 2.7.3 Strand -Mounted Wireless Facilities. 2.7.3.1 Placement. No more than one strand -mounted wireless facility may be installed on any single span between two poles. The approval authority may not approve any ground - mounted equipment in connection with any strand -mounted wireless facility. All equipment and other improvements associated with a strand -mounted wireless facility must comply with all applicable health and safety regulations. 2.7.3.2 Equipment Volume. Strand -mounted wireless facilities may not exceed 5 cubic feet in total volume. All strand -mounted accessory equipment must be placed within a single shroud not to exceed 3 cubic feet in volume. 2.7.3.3 Finishes. All strand -mounted equipment must be finished in a non -reflective grey subject to the City's discretion. Any accessory equipment mounted on the pole must be painted and textured to match the underlying pole. 2.7.4 Administrative Design and Engineering Standards. The Director may develop, and from time to time amend, design and engineering standards consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this Section 2 for City staff, applicants and the public. In the event that a conflict arises between the design regulations adopted under this subsection and the administrative design and engineering standards adopted under Subsection 2.7, the regulations under this subsection will control. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 23 of 64 OF BAKF9 r 2.8 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all WFR Permits, whether approved by the approval authority or deemed approved by the operation of law, will be automatically subject to the conditions in this subsection. The approval authority (or the appellate authority) will have discretion to modify or amend any standard conditions of approval on a case- by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. 2.8.1 Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the Cityto establish a shorter term for public safety or substantial land use 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. 2.8.2 Permit Renewal. Within 1 year before the expiration date of this permit, the permittee may submit an application for permit renewal. To be eligible for administrative review and renewal, the permittee must demonstrate that (a) the subject wireless facility is in compliance with all the conditions of approval associated with the permit and all applicable provisions in the Bakersfield Municipal Code and this policy that exist at the time the decision to renew the permit is rendered or (b) the permit was issued as an administrative permit in the first instance. Notwithstanding the foregoing, the Director may refer any application for a permit renewal to the Board of Zoning Adjustment when the Director determines that the application raises a significant policy or design Issue . If the City administratively issued this permit in the first instance, the Director will have discretion to modify or amend the conditions of approval for permit renewal on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. Upon renewal, this permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. 2.8.3 Compliance with Approved Plans. Before the permittee submits any applications to the Building Division required to commence construction in connection with the permit, the permittee must incorporate the permit, all conditions associated with this permit and the approved photo City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 24 of 64 o``gAKe9, m U C ORICINAI simulations into the project plans (the "Approved Plans"). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land -use concern. 2.84 Build -Out Period. The permit will automatically expire I year from the approval or deemed -granted date unless the permittee obtains all other permits and approvals required to Install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant 1 written extension to a date certain, but not to exceed 1 additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. 2.85 Site Maintenance. The permittee must 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 Plans and all conditions in this permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 2.8.6 Compliance with Laws. The permittee must 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 permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in the permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee 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 permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 25 of 64 of e nKF9N i U C ORIGINAL 2.8 7 Adverse Impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must 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 Bakersfield 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 a state of emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. 2.8.8 Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff 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 threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 2.8.9 Permittee's Contact Information. The permittee must furnish the Director with accurate and up- to-date contact information fora person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes. 2.8.10 Indemnification. The permittee must defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this 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 permittee's or its agents, directors', officers', employees, contractors, subcontractors, licensees, or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and must reasonably cooperate in the defense. The permittee expressly acknowledges and agrees City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 26 of 64 Q BAH 9 o T FE that the City must have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee must promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. 2.8.11 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with this permit, the permittee must post a performance bond from a surety and in a form acceptable to the Director 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 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 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, and in accordance with California Government Code § 65964(a), the Director must take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond must expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. 2.8.12 Permit Revocation. In accordance with the Bakersfield Municipal Code, the City may recall the permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to the permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 2.813 Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records, 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 permittee's electronic copies, and complete originals will control over all other copies in any form. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 27 of 64 4gAKF9 O U, a � C ORI( 1NAI_ 2.8.14 Abandoned Wireless Facilities. Wireless facilities authorized under a permit will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee must completely remove the wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that the permittee does not comply with the removal and restoration obligations under this condition within the 90 -day period, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee will be liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. 2.8.15 Future Undergrounding Projects. In the event that other public utilities or communications providers in the public right-of-way underground their facilities in the segment of the public right- of-way where the permittee's wireless facility is located, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding must occur at the permittee's sole cost and expense except as reimbursed pursuant to law. 2.8.16 Electric Meter Upgrades. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground -mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense must remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee must apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee must restore the affected area to its original condition that existed prior to installation of the equipment. 2.8.17 Rearrangement and Relocation. The permittee 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 permit. In the event that the Director determines that any City Work will require the permittee's wireless facility located in the public right-of-way to be rearranged and/or relocated, the permittee must, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's wireless facility without prior notice to permittee when the Director determines that City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 28 ofo646AKF > 9m U ' ciIGINAL the City Work is immediately necessary to protect public health or safety. The permittee must 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. In addition, the permittee must indemnify, defend and hold the City, its agents, officers, officials, employees and volunteers harmless from and against any Claims in connection with rearranging or relocating the permittee's facility, or turning on or off any water, oil, gas, electricity or other utility service in connection with the permittee's facility. 2.9 REMOVAL OF FACILITIES—PERMIT EXPIRATION, EARLIER TERMINATION OR REVOCATION OR ABANDONMENT OF FACILITIES 2.9.1 Upon the expiration date of a WFR Permit, earlier termination or revocation of the WFR Permit or abandonment of the facilities, the permittee, owner or operator must remove the facilities and restore the site to its natural condition except for any improvements the Director determines should remain. Removal must be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The facilities must be removed from the property, at no cost or expense to the City. Failure of the permittee, owner or operator to promptly remove Its facilities and restore the property within ninety days after expiration, earlier termination or revocation of the WFR Permit or abandonment of the facilities, will be a violation of this policy unless the deadline to remove the facilities is extended by the Director upon a showing of good cause. Failure to abide by the timeline provided in this Subsection 2.9 will be grounds for any or all of the following. 2.9.1.1 Acting on any required bond or other security; 2.9.1.2 Removal of the facilities by the City in accordance with the procedures established herein or under the City's nuisance abatement procedures at the owner's expense; and/or 2.9.1.3 Any other remedies permitted under this code or any other applicable law. 2.9.2 In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and, to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. 2.9.3 If the City removes facilities in accordance with this Subsection 2.9, any such removal must be without any liability to the City for any damage to such facilities that may result from reasonable efforts of removal. Neither the permittee, owner nor operator will have any claim against the City for that damage. Unless otherwise provided herein, the City has no obligation to store such facilities. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 29 of 64 OF R,Ak�9 a U7 m C ORIGINAI 2.10 MODIFICATION OR REMOVAL OF FACILITIES—EXIGENT CIRCUMSTANCES 2.101 If the Director determines that the condition or placement of facilities located within the public right-of-way constitutes an exigent circumstance requiring modification or removal of some or all of the facilities, the Director may cause the facilities to be modified or removed summarily and immediately without advance notice or a hearing. Within five business days of the modification or removal, the Director will serve written notice of the modification or removal, including the basis for the modification or removal, upon the permittee and person who owns the facilities. If feasible, facilities removed will be preserved for pick-up by the owner; provided, however, that if the owner cannot be identified following reasonable effort or if the owner falls to claim the removed facilities within 60 days, the facilities will be treated as abandoned property and disposed of as determined appropriate by the Director. 2,102 If the Director determines that exigent circumstances exist that require a modification or removal of facilities but that removal under Subsection 2.10 is not necessary, the Director will notify the permittee and owner of the decision and provide a deadline for the modification or removal of the facilities. If the permittee or owner fails to modify or remove the facilities within the time designated by the Director, the City may exercise any or all of the available remedies under Subsection 2.10. 2.11 MODIFICATION OR REMOVAL OF FACILITIES—CONFLICTS WITH OTHER PUBLIC RIGHTS-OF-WAY USES 2.11.1 Permittee must modify or remove its facilities, or any portion thereof, without cost or expense to the City, if and when made necessary by any of the following. 2.11.1.1 Any public improvement project, including, but not limited to, the construction, maintenance or operation of any underground or above -ground equipment including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency; 2.11.12 Any abandonment of any street, sidewalk or other public facility; or 2.11.1.3 Any change of grade, alignment or width of any street, sidewalk or other public facility. 211.2 Such modification or removal of the facilities must be completed within 90 days of notification by the City unless exigencies dictate a shorter period for the modification or removal. Modification or relocation of the facilities must require submittal, review and approval of a new WFR Permit. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 30 of 64 o�0AKF9a, � m U O (1RIPINgL. 2.11.3 If the facilities are not modified or removed within the period of time outlined above, the City may exercise any or all of the available remedies under this Section 2. 2.12 NONCONFORMING FACILITIES Preexisting facilities that do not conform to this policy must, within ten years from the date such facilities become nonconforming, be brought into conformity with all requirements of this Section 2; provided, however, that should the owner desire to expand or modify the facilities, intensify the use or make some other change in a conditional use, the owner must comply with all applicable provisions of this code at such time, including, but not limited to, securing a WFR Permit under this Section 2, to the extent the City can require such compliance under federal and state law. The Director may grant a written extension to a date certain when the wireless facility owner shows (1) a good faith effort to cure non-conformance; (2) the application of this subsection would violate applicable laws; or (3) extreme economic hardship would result from strict compliance with the 10 - year conformance period. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this subsection. Nothing in this subsection is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. 2.13 CELLS ON WHEELS DEPLOYMENT A cell on wheels will be permitted for the duration of an emergency declared by the City or at the discretion of the Director. 2.14 APPEAL 2141 Any decision or action of the Director provided for herein will be final unless, within 10 calendar days after the decision, the decision is appealed to the Board of Zoning Adjustment by paying the required appeal fee and detailing, in writing, the decision being appealed and the specific reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld; provided, however, that appeals from an approval must not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. The appeal must be filed with the City Clerk along with the required fee. If the circumstances surrounding the appeal require public notice, notice of the appeal hearing must be given as set forth in Bakersfield Municipal Code Section 17.64.050. 2,142 Any decision or action of the Board of Zoning Adjustment provided for herein will be final unless, within 10 calendar days after the decision, the decision is appealed to the City Council by paying City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 31 of q4K F9 o N " c r)RIGINAL the required appeal fee and complying with the provisions of Bakersfield Municipal Code Section 17.64.090. The City Council may hear the appeal de novo and, in approving a WFR Permit, may deviate from the design and development regulations set forth herein as necessary to comply with state and/or federal requirements. 3 ELIGIBLE FACILITIES REQUESTS 3.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS 3.1.1 Applicability. Notwithstanding any provision in this policy to the contrary, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be reviewed and approved or denied without prejudice in accordance with the standards and procedures in this Section 3. 3.1.2 Section 6409 Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 must require an approval in such form determined by the approval authority consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a "Section 6409 approval"). 3.1.3 Option to Seek a Discretionary Permit. A discretionary permit under Section 2 is not required for any request that qualifies for approval pursuant to Section 6409. For any application for a Section 6409 approval properly denied, the applicant may submit the same or a substantially similar application for a discretionary permit under Section 2. 3.1.4 Other Permits and Regulatory Approvals. No collocation or modification approved pursuant to this Section 3 may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which Includes, without limitation, other any permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any Section 6409 approval granted under this Section 3 must remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals. 3.2 SPECIAL DEFINITIONS FOR ELIGIBLE FACILITIES REQUESTS 3.2.1 "base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended or superseded, which defines that term as a structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 32oofg644Ke9N v � ORIGINAL 140001(b)(9) or any equipment associated with a tower. 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. 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). 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 3, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) 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. 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 3, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii). 3.22 "collocation" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the 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. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site. 3.2.3 "eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as any 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) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment. 3.2.4 "eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in 47 C.F.R. § 1 40001(b), provided that it is existing at the time the relevant application is filed with the State or local government under 47 C.F.R. § 140001. 3.2.5 °existing' means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409 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. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 33 of 64 of OAKFfl v c ORKIIINAI 326 °site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for 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. 3.27 °substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location. 3.2.7.1 For towers in the public rights-of-way and for all base stations, a substantial change occurs when: 3.2.7.1.1 the proposed collocation or modification increases the height of the structure by more than 10% or more than 10 feet (whichever is greater); 3.2.7.1.2 the proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; 3.2.71.3 the proposed collocation or modification involves the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; 3.2.7.14 the proposed collocation or modification Involves the installation of any new ground -mounted equipment cabinets that are more than 10% larger in height or volume than any other ground cabinets associated with the structure; or 3.2.7.1.5 the proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. 3.2.7.2 In addition, for all towers and base stations wherever located, a substantial change occurs when: City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 34 of 6AHF9N ORIGINpt 3.2.72.1 the proposed collocation or modification would defeat the existing concealment elements of the support structure; or 3.272.2 the proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in 47 C.F.R. § 1.40001(b)(7)(i)-(iv). 3.2.8 "transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended or superseded, which defines that term as equipment 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 unlicensed wireless services and fixed wireless services such as microwave backhaul. 3.3 SECTION 6409 APPLICATIONS, SUBMITTALS AND COMPLETENESS REVIEW 3.3.1 Section 6409 Approval Application Contents. All applications for a Section 6409 approval must include all the information and materials required in this Subsection 3.3.1. 3.31.1 Application Form. The applicant must submit a complete, duly executed Section 6409 approval application on the then -current form prepared by the Director. 3.3.12 Application Fee. The applicant must submit the applicable Section 6409 approval application fee established by City Council resolution. 3.31.3 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes, without limitation, all transmission equipment, support structures and the legal boundaries of the leased or owned area surrounding the proposed wireless facility and any associated access or utility easements. The construction drawings must specifically depict and call out the original overall height of the structure and, if the structure was constructed prior to February 22, 2012, the overall height that existed on February 22, 2012. The construction drawings must: (i) 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; (ii) depict the applicant's plan for electric and data backhaul utilities, which must include the locations City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 35 of 64 of g AKF9� T ti OR!GINAl for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; and (iii) 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. 3.3.1.4 Site Survey. For any application In connection with a wireless facility within the public rights-of-way, the applicant must submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes, without limitation, all (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. 3.3.1.5 Photo Simulations. The applicant must submit site photographs and photo simulations that show the existing location and the wireless facility before and after the collocation or modification. The photographs and photo simulations must show the 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. 3.3.1.6 Project Narrative and Justification. A written statement that explains in plain factual detail whether and why Section 6409 and the related FCC regulations at 47 C.F.R. §§ 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude that the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement, the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station, and (ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance. 3.3.1.7 RF Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 36 ofo4BAKF9u, OR1q@IAL The RF report must Include the actual frequency and power levels (in watts ERP) 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 must be clearly marked and identified for every transmitting antenna at the project site. 3.31.8 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. 3.3.1.9 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an engineer for the proposed collocation or modification 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 that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 3.3.2 Requirements for a Duly Filed Application. Any application for a Section 6409 approval will not be considered duly filed unless submitted in accordance with the requirements in this subsection. 3.3.2.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the approval authority. Applicants may generally submit one application per appointment. Applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after the approval authority receives a written request. Any application received without an appointment, whether delivered in- person, by mail or through any other means, will not be considered duly filed. 3.3.22 Pre -Submittal Conferences. The City strongly encourages, but does not require, applicants to schedule and attend a pre -submittal conference with the approval authority for all collocations or modifications to any concealed or camouflaged wireless tower or base station. This voluntary pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 37 of 64 o``eAKFki 9 ORIG(NAI discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications 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. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 3.3.3 Application Completeness Review. Within 30 calendar days after the approval authority receives a duly filed WFR Permit application, the approval authority must review the application for completeness and, if any application does not contain all the materials required in Section 3.3.1 or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 33A Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this Section 3 will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within 60 calendar days after the approval authority deems the application incomplete In a written notice to the applicant. As used in this subsection, a "substantive response" includes the materials identified as incomplete in the approval authority's notice. 3.3.5 Additional Requirements and Regulations. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this Section 3. The City Council further authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the approval authority 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. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 38 of 64 o40AKF9 T ti � c ORIGINAI 3.4 DECISIONS AND APPEALS 3,41 Administrative Review. The approval authority must review a complete and duly filed application for a Section 6409 approval, and may act on such application without prior notice or a public hearing. 3.4.2 Decision Notices. Within 5 days after the approval authority acts on an application for a Section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority must send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal 3.4.3 Required Findings for Approval. The approval authority may approve or conditionally approve an application for a Section 6409 approval when the approval authority finds that the proposed project: 3.4.3.1 involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and 3.43.2 does not substantially change the physical dimensions of the existing wireless tower or base station. 3.4.4 Criteria for Denial without Prejudice. Notwithstanding any other provision in this policy, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a Section 6409 approval when the approval authority finds that the proposed project: 3.44.1 does not meet the findings required in Subsection 3.4.3; 3.44.2 involves the replacement of the entire support structure; or 344.3 violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety. 3.4.5 Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Section 3 is intended to limit the approval authority's authority to conditionally approve an application for a Section 6409 approval to protect and promote the public health and safety. Cit, of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page.4%6fPk m F m ORIGINAL � C 3.4.6 Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for a Section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within 10 calendar days from the approval authority's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager or the City Manager's designee (either party, the 'City Manager') will be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for Section 6409 approval. The City Manager will review the application de novo without notice or a public hearing; provided, however, thatthe City Manager's decision will be limited to only whether the application should be approved or denied in accordance with the provisions in this Section 3 and any other applicable laws. The City Manager must issue a written decision that contains the reasons for the decision, and such decision will be final and not subject to any further administrative appeals. 3.5 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all Section 6409 approvals, whether approved by the approval authority or deemed approved by the operation of law, will be automatically subject to the conditions in this subsection. The approval authority (or the appellate authority) will have discretion to modify 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 Section 3. 3.5.1 Permit Term. The City's grant or grant by operation of law of a Section 6409 approval constitutes a federally -mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station, and will be regarded as a modification to the underlying approval for the subject tower or base station. The City's grant or grant by operation of law of a Section 6409 approval will not extend the permit term, if any, for any underlying permit or other underlying prior regulatory authorization. Accordingly, the term for the Section 6409 approval must be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station, and any renewals thereof. This condition may not be applied or Interpreted in any way that would cause the term of the underlying permit for the modified facility to be less than 10 years in total length. 3.5.2 Compliance Obligations Due to Invalidation. In the event that any court of competent junsdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any eligible facilities request(s), such approval(s) will automatically expire 1 year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facilities requests or the Director grants an extension upon written request from the permittee that shows good cause for the extension, which includes, without limitation, extreme financial hardship. Notwithstanding City of Bakersfield Wireless Facilites in the Public Right of Way Deployment Policy Page 400 of64 v C ORIGINAL anything in the previous sentence to the contrary, the Director may not grant a permanent exemption or indefinite extension. A permittee will not be required to remove its improvements approved under the invalidated eligible facilities request when it has obtained the applicable permits) or submitted an application for such permit(s) before the one-year period ends. 3.5.3 City's Standing Reserved. The City's grant or grant by operation of law of an eligible facilities request does not waive, and may not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409 or any eligible facilities request. 3,5A Compliance with Approved Plans. Before the permittee submits any applications to the Building Division required to commence construction in connection with a Section 6409 approval, the permittee must Incorporate the Section 6409 approval, all conditions associated with the Section 6409 approval and any approved photo simulations into the project plans (the 'Approved Plans"). The permittee must construct, install and operate the wireless facility in substantial compliance, as determined by the Director, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director's prior review and approval. The Director may refer the request to the approval authority who may revoke the Section 6409 approval if the approval authority finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended. 3.5.5 Build -Out Period. A Section 6409 approval will automatically expire 1 year from the approval or deemed -granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes, without limitation, any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant 1 written extension to a date certain, but not to exceed 1 additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. 3.5.6 Site Maintenance. The permittee must 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 Plans and all conditions in this permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page41of 64 > r c ORIGINAL 3.5.7 Compliance with Laws. The permittee must 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 permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in a Section 6409 approval, which includes, without limitation, any Laws applicable to human exposure to RF emissions. The permittee 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 permlttee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation. 3.5.8 Adverse Impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must 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 Bakersfield 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 a state of emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. 3.5.9 Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff 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 threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs. 3.5.10 Permittee's Contact Information. The permittee must furnish the Director with accurate and up- to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must keep such contact information up-to-date at all Cry of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 42 of 64 o``0AKF9� m tj C. ORIGINAL times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes. 3.5.11 Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed, must defend, indemnify and hold harmless the City, CityCouncil and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ('Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of a Section 6409 approval, 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 permittee's or its agents', directors, officers, employees', contractors', subcontractors', licensees, or customers' acts or omissions in connection with a Section 6409 approval or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and must reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City must have the right to approve, which approval must not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) must promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve a Section 6409 approval, and that such indemnification obligations will survive the expiration or revocation of the Section 6409 approval. 3.512 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with a Section 6409 approval, the permittee must post a performance bond from a surety and in a form acceptable to the Director 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 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 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, and in accordance with California Government Code § 65964(a), the Director may take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond must expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 43 of 64 OF 5A/cF9 Finr ORIGINAI 3.5.13 Permit Revocation. The Director may recall a Section 6409 approval for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to the Section 6409 approval after notice and an opportunity to cure the violation is provided to the permittee. If the noncompliance continues after notice and reasonable opportunity to cure the noncompliance, the approval authority may revoke the Section 6409 approval or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 3.514 Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes, without limitation, the Section 6409 approval, the approved plans and photo simulations incorporated into the Section 6409 approval, all conditions associated with the Section 6409 approval and any ministerial permits or approvals issued in connection with the Section 6409 approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records, 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 permittee's electronic copies, and complete originals will control over all other copies in any form. 3.5.15 Abandoned Wireless Facilities. The wireless facility authorized under a Section 6409 approval will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner must completely remove the wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within the 90 -day period above, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner will be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities 3,516 Landscaping. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Pageo440off 64 AKa ORIGINAL 4 SMALL WIRELESS FACILITIES 4.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS 4.1.1 Applicable Wireless Facilities. Except as expressly provided otherwise in this policy, the provisions In this Section 4 will be applicable to all existing small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within the City's jurisdictional and territorial boundaries within the public rights-of-way. Section 4 does not apply to small wireless facilities to the extent that 47 CFR 1.6001 or seq. is deemed unenforceable. 4.1.2 WFR Permit. A WFR Permit, subject to the approval authority's prior review and approval, is required for any small wireless facility proposed on an existing, new or replacement support structure. 4.1.3 Request for Approval Pursuant to Section 6409. Notwithstanding anything in this policy to the contrary, requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 (47 U.S.C. Section 1455(a)) will be subject to the provisions in Section 3, as may be amended or superseded. 4.14 Other Permits and Approvals. In addition to a WFR 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 approvals issued by other City departments or divisions. All applications forministerial permits submitted in connection with a proposed small wireless facility must contain a valid WFR Permit issued by the City for the proposed facility. Any application for any ministerial permit(s) submitted without such WFR Permit may be denied without prejudice. Furthermore, any permit or approval granted under this Section 4 will remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. 4.2 SPECIAL DEFINITIONS FOR SMALL WIRELESS FACILITIES 4.2.1 'antenna' means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded. 4.2.2 "approval authority" means the City official responsible for reviewing applications for WFR Permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this Section 4. The approval authority for applications in connection with small wireless facilities located within the public rights-of-way will be the Director. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 45 of 64 �gAKF� v ORih 4.2.3 4.2.4 4.25 4.2.6 4.2.7 4,28 4.3 4.3.1 'arterial road' means the same as defined in the Bakersfield General Plan, Circulation Element. 'collector road' means the same as defined in the Bakersfield General Plan, Circulation Element. 'collocation' means the same as defined by the FCC in 47 CF R. § 1.6002(g), as may be amended or superseded. '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. 'local road' means the same as defined in the Bakersfield General Plan, Circulation Element 'structure' means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded. PERMIT—APPLICATION REQUIREMENTS WFR Permit Application Contents. All applications for a WFR Permit must include all the information and materials required in this subsection. 4.3.1.1 Application Form. The applicant must submit a complete, duly executed WFR Permit application on the then -current form prepared by the Director. 4.3.1.2 Application Fee. The applicant must submit the applicable WFR Permit application fee established by City Council resolution. Batched applications must include the applicable WFR Permit application fee for each small wireless facility in the batch. If no small WFR Permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application. 4.3.1.3 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the 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 (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes, without City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 46 of 64 U C ORIo INAL limitation, the manufacturer, model number and physical dimensions; (ii) identify all structures within 250 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data backhaul utilities, which must include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; and (iv) 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. 4.31.4 Site Survey. For any small wireless facility proposed to be located within the public rights-of-way, the applicant must submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes, without limitation, all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. 4.3.1.5 Photo Simulations. The applicant must 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. 4.31.6 Project Narrative and Justification. The applicant must submit a written statement that explains in plain factual detail whether and why the proposed wireless 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 (I) whether and why the proposed support is a structure as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each required finding for a WFR Permit as provided in Subsection 4.5.3. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 47 of 64 f o9AKF9N r v ORIGINAL 4.3.1.7 RF Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts ERP) 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 must be clearly marked and Identified for every transmitting antenna at the project site. 4.3.1.8 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. 4.3.1.9 Site Agreement. For any small wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights-of-way, the applicant must submit a partially -executed master license agreement on a form prepared bythe Citythat states the terms and conditions for such non-exclusive use by the applicant. No changes must be permitted to the City's form master license agreement except as may be indicated on the form itself. Any unpermitted changes to the City's form master license agreement will be deemed a basis to deem the application incomplete. 4.3.1.10 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an 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 that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 4.3.2 Additional Requirements. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this policy. All such City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 480 s, ti m � c OgIGINPI requirements and materials must be in written form and publicly stated to provide all interested parties with prior notice. 4.4 PERMIT—APPLICATION SUBMITTAL AND COMPLETENESS REVIEW 44.1 Requirements for a Duly Filed Application. Any application for a WFR Permit will not be considered duly filed unless submitted in accordance with the requirements in this subsection. 4.4.1.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the approval authority. Applicants may generally submit 1 application per appointment, or up to 5 individual applications per appointment for batched applications. Applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after the approval authority receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed. 4.4.12 Pre -Submittal Conferences. The City strongly encourages, but does not require, applicants to schedule and attend a pre -submittal conference with the approval authority for all proposed projects that involve more than 10 small wireless facilities. This voluntary pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications 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. The approval authority will use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 4.4.2 Application Completeness Review. Within 30 calendar days after the approval authority receives a duly filed WFR Permit application, the approval authority will review the application for completeness and, if any application does not contain all the materials required in Subsection 4.3.1 City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page,4tbke U C nalatr�nt or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 44.3 Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within 60 calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection, a "substantive response' must include the materials identified as incomplete in the approval authority's notice. 444 Batched Applications. Applicants may submit up to 5 individual applications for a WEIR Permit in a batch; provided, however, that small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes, without limitation, the application fee for each application in the batch. If any application in a batch is incomplete, the entire batch will be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire batch will be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch will be denied. 4.4.5 Additional Procedures. The City Council authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the approval authority deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice 4.5 APPROVALS AND DENIALS; NOTICES 4.5.1 Public Notice. The applicant must post notice at the proposed project site no later than 10 days after a complete and duly filed application for a WEIR Permit governed under Section 4 in or adjacent to a residential zone is submitted. The posted notice must contain (1) a general explanation of the proposed project; (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the Director and (4) other requirements as determined by the Director. On the same day that the applicant posts notice, the applicant must deliver written notice to the Director that shows the appropriate notice has been posted at the project site. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 50 of 64 o``eAKF9� 17 17 v CagiglNni 4.5.2 Administrative Review. Not less than 10 calendar days after the public notice required in Subsection 4.5.1, the approval authority will approve, conditionally approve or deny a complete and duly filed WFR Permit application without a public hearing. 4.5.3 Required Findings. The approval authority may approve or conditionally approve a complete and duly filed application for a WFR Permit when the approval authority finds: 4.5.3.1 the proposed project meets the definition for a "small wireless facility" as defined by the FCC, 4.5.3.2 the proposed project would be in the most preferred location within 250 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 250 feet would be technically infeasible; 4.5.3.3 the proposed project would not be located on a prohibited support structure identified in Subsection 4.7.4, 4.5.3.4 the proposed project would be on the most preferred support structure within 250 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 250 feet would be technically infeasible; 4.5.3.5 the proposed project complies with all applicable design standards in Subsection 4.8; 4.5.3.6 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; and 4,537 all public notices required for the application have been given 4 5 Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Section 4 is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any WFR Permit application as may be necessary or appropriate to ensure compliance with this policy. 4.5.5 Decision Notices. Within 5 calendar days after the approval authority acts on a WFR Permit application or before the FCC Shot Clock expires (whichever occurs first), the approval authority will notify the applicant by written notice. If the Director denies the application (with or without prejudice), the written notice will contain the reasons for the decision. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 5511 gfp6K4e9� � T v � prI1QIN/rl 4.5.6 Appeals. Any decision by the approval authority will be final and not subject to any administrative appeals. 4.6 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority for a WFR Permit, all WFR Permits issued under this Section 4 must be automatically subject to the conditions in this subsection. 4.6.1 Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the Cityto establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to the 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. 4,62 Permit Renewal. Within 1 year before the expiration date of the permit, the permittee may submit an application for permit renewal. To be eligible for administrative review and renewal, the permittee must demonstrate that (a) the subject wireless facility is in compliance with all the conditions of approval associated with the permit and all applicable provisions in the Bakersfield Municipal Code and this policy that exist at the time the decision to renew the permit is rendered or (b) this permit was issued as an administrative permit in the first instance- The approval authority will have discretion to modify or amend the conditions of approval for permit renewal on a case- by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. Upon renewal, the permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. 4.6.3 Post -Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility approved or deemed -approved, the permittee must provide the approval authority with documentation reasonably acceptable to the approval authority that the small wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation must include without limitation as -built drawings, GIS data and site photographs. 4.6.4 Build -Out Period. The WFR Permit will automatically expire 6 months from the approval date (the "build -out period") unless the permittee obtains all other permits and approvals required to install, City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 52of6n4 e9N r V C construct and/or operate the approved small wireless facility, which includes, without limitation, any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the small wireless facility or its use. If this build -out period expires, the City will not extend the build -out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. 4.6 .5 Site Maintenance. The permittee must 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 the WFR Permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 4.6.6 Compliance with Laws. The permittee must 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 permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in the WFR Permit, which includes, without limitation, any laws applicable to human exposure to RF emissions. The permittee 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 permittee'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 Bakersfield Municipal Code, this policy, any permit, any permit condition or any applicable Law or regulation, must be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, this policy, any permit, any permit condition or any applicable Law or regulation. 4.67 Adverse Impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must 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 Bakersfield 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 a state of emergency within the City. The approval authority may issue a stop work order for any activities that violates this condition in whole or in part. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 553 of 64 ti U C ORIGINAL 4.6.8 Inspections; Emergencies. The permittee 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 permittee. 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 threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 4.6 .9 Permittee's Contact Information. Within 10 days from the final approval of the WFR Permit, the permittee must furnish the City with accurate and up-to-date contact information for a person responsible for the small wireless facility, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must 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. 4.6.10 Indemnification. The permittee must defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "Indemnitees") from any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, 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 a WFR Permit, and (ii) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents, directors, officers', employees', contractors, subcontractors, licensees' or customers' acts or omissions in connection with the WFR Permit or the small wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and will reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City will have the right to approve, which approval must not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee must promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this WFR Permit, and that such indemnification obligations will survive the expiration, revocation or other termination of the WFR Permit, 4.6.11 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with this permit, the permittee must post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 544 off�4�F9a, r= ORIGINAL � r: cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities 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 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, and in accordance with California Government Code 4 65964(a), the Director will take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond will expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. 4.6.12 Permit Revocation. Any permit granted under this Section 4 may be revoked in accordance with the provisions and procedures in this subsection. The approval authority may initiate revocation proceedings when the approval authority 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 the approval authority may conduct a public hearing to revoke any permit granted under this Section 4, the approval authority must issue a written notice to the permittee that specifies (i) the facility; (i) the violation(s) to be corrected; (iii) the timeframe in which the permittee must correct such violation(s); and (iv) 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 Section 4 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 must be final and not subject to any further appeals. Within 5 business days after the City Council adopts a resolution to revoke a permit, the approval authority must provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. 4.6.13 Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the WFR Permit application, WFR 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 WFR Permit (collectively, 'Records"). If the permittee does not maintain such Records as required in this condition, any City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 55 of 64 o g Kc9N T U C ORIGINAI ambiguities or uncertainties that would be resolved by inspecting the missing Records will be construed against the permittee. The permittee must protect all Records from damage from fires, floods and other hazards that may cause deterioration. The permittee 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 permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition must 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 must not excuse the permittee from any other similar record -retention obligations under applicable law. 4.6.14 Abandoned Wireless Facilities. The small wireless facility authorized under this WFR Permit will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility is abandoned or deemed abandoned, the permittee must completely remove the small wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable Laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that the permittee does not comply with the removal and restoration obligations under this condition within the 90 -day period, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee must be liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. 4.6.15 Landscaping. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. 4.6.16 Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee's request for authorization to construct, install and/or operate the wireless facility will cause the City to incur costs and expenses; (ii) the permittee will 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; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee will have the obligation to reimburse City for all such costs 10 days after a written demand for reimbursement that provides reasonable documentation to support such costs; and (iv) the City will 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 permittee. City of Bakersfield Wireless facilities in the Public Right of Way Deployment Policy Page 56 of 64 o` R, LGFIgINA 4.6.17 Future Undergrounding Programs. If other public utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee's small wireless facility is located, the permittee must underground its equipment except the antennas, any electric meter and any other equipment that must be placed above ground to function. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function will not be exempt from this condition. Small wireless facilities 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; provided, however, that a new WFR Permit will be required for the reinstallation. Such undergrounding must occur at the permitter's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. 4.6.18 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 permittee on its own initiative and at its sole cost and expense must remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee must apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee must restore the affected area to its original condition that existed prior to installation of the equipment. 4.6.19 Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) 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 (iii) 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 the WFR Permit. If the Director determines that any City work will require the permittee's small wireless facility located in the public rights-of-way to be rearranged and/or relocated, the permittee must, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's small wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility without prior notice to permittee when the Director determines that the City work is immediately necessary to protect public health or safety. The permittee must reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement providing reasonable documentation to support such costs. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 57 of 64 o� 9A KF9N ORIGINAL 4.7 LOCATION REQUIREMENTS 4.7.1 Preface to Location Requirements. Subsection 4.7 provides guidance as to how to interpret and apply the location requirements in this Section 4. To better assist applicants and decision makers understand and respond to the community's aesthetic preferences and values, Subsections 47.2 and 4.7.3 set out listed preferences for locations and support structures to be used in connection with small wireless facilities in ordered hierarchies. Applications that involve lesser -preferred locations or structures may be approved so long as the applicant demonstrates that either (1) no more preferred locations or structures exist within 250 feet from the proposed site; or (2) any more preferred locations or structurers within 250 feet from the proposed site would be technically infeasible as supported by clear and convincing evidence in the written record. Subsection 4.7.4 identifies "prohibited" support structures on which the City must not approve any WFR Permit application for any competitor or potential competitor. 4.7.2 Locations in the Public Rights -of -Way. The City prefers small wireless facilities in the public rights- of-way to be installed in locations, ordered from most preferred to least preferred, as follows: 47 21 locations within commercial or industrial zones on or along arterial roads; 41.2.2 locations within commercial or industrial zones on or along collector roads; 4.7.2.3 locations within commercial or industrial zones on or along local roads; 4724 locations within residential zones on or along arterial roads; 4.7.2.5 locations within residential zones on or along collector roads; then 4.7.2.6 any location in any zone within 250 feet from any structure approved for a residential use 4.7.3 Support Structures in the Public Rights -of -Way. The City prefers small wireless facilities to be installed on support structures in the public rights-of-way, ordered from most preferred to least preferred, as follows: 47.3.1 existing or replacement streetlight poles; 4.7.3.2 existing or replacement wood utility poles; 4.7.3.3 new, non -replacement streetlight poles; then City of Bakersfield Wireless facilities in the Public Right of Way Deployment Policy Page 58 of 0�KF,9�n IK a U (r. ORiainmr 4.7.4 W so 4.7.3.4 new, non -replacement poles for small wireless facilities. Prohibited Support Structures. The City prohibits small wireless facilities to be installed on the following support structures, whether located in the public rights-of-way or not 4.74.1 decorative poles; 4.7.4.2 traffic signals, signs, poles, cabinets and related devices; 4.7.4.3 any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the WFR Permit application; and 4.744 new, non -replacement wood poles. DESIGN STANDARDS General Standards. 4.8.1.1 Noise. Small wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in Bakersfield Municipal Code Chapter 9.22, as may be amended or superseded, and must not exceed, either on an individual or cumulative basis, the noise limit in the applicable zone. 4.8.1.2 Lights. Small wireless facilities must not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration, FCC, other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection must not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under Subsection 4.8. 4.8.1.3 Landscape Features. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 59 of 64 of 9AK4'9N ti U C, ORIGINAI 4.8 1.4 Site Security Measures. Small wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism. The approval authority will not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small wireless facilities must be constructed from or coated with graffiti -resistant materials. 4.8.1.5 Signage; Advertisements. All small wireless facilities 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 may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. 4.8.1.6 Compliance with Health and Safety Regulations. All small wireless facilities must 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. 4.8.1.7 Overall Height. Small wireless facilities may not exceed either (A) the minimum separation from electrical lines required by applicable safety regulations, plus four feet or (B) four feet above the existing support structure. No new pole may exceed 28 feet in height. 4.8.1.8 Antennas. 4.81.8.1 Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be painted a flat, non -reflective color to match the underlying support structure. 4.8.1.82 Antenna Volume. Each individual antenna may not exceed 3 cubic feet in volume, and all antennas may not exceed 6 cubic feet in volume. 4.8.1.9 Accessory Equipment. 4.81.9.1 Installation Preferences. All non -antenna accessory equipment must be installed in accordance with the following preferences, ordered from most preferred to least preferred. (i) underground in any area in which the existing City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 60 of 64 o`` 9AKF,9P i V C ORI'INIA I utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser -preferred installation locations may be approved so long as the applicant demonstrates that no more preferred Installation location would be technically infeasible as supported by clear and convincing evidence in the written record. 4.8.1.9.2 Undergrounded Accessory Equipment. 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 must be flush -to -grade when placed within the sidewalk and may not exceed 2 feet above grade when placed off the sidewalk. Applicants must not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. 4.8.1.9.3 Pole -Mounted Accessory Equipment. All pole -mounted accessory equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush - mounted equipment, the maximum separation permitted between the accessory equipment and the pole must be the minimum separation required by such regulations. All pole -mounted equipment and required or permitted signage must be placed and oriented away from adjacent sidewalks and structures. Pole -mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, 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, applicants must route them through a single external conduit or shroud that has been finished to match the underlying support structure. 4.8.1.9.4 Base -Mounted Accessory Equipment. All base -mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base -mounted equipment must be concealed from public view. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 61 of 64 A ?,Ake O T U e ORIGINAi 4.8.1.9.5 Ground -Mounted Accessory Equipment. The approval authority will not approve any ground -mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels or electric meters. 4.8.1.9.6 Accessory Equipment Volume. All accessory equipment associated with a small wireless facility Installed above ground level must not cumulatively exceed 9 112 cubic feet in volume. The volume calculation includes any shroud, cabinet or other concealment device used in connection with the non -antenna accessory equipment. The volume calculation will not include any equipment or other improvements placed underground. 4.81.97 Streetlights. Applicants that propose to install small wireless facilities on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. To mitigate any material changes in the streetlighting patterns, the replacement pole must. (A) be located as close to the removed pole as possible; (B) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. 4.8.1.10 Wood Utility Poles. Applicants that propose to install small wireless facilities on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side - mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole must be the minimum separation required by applicable health and safety regulations. 4.8.111 New, Non -Replacement Poles. Applicants that propose to install small wireless facilities on a new, non -replacement pole must install a new streetlight substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter must not exceed 12 inches and any base City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 62 of 64 OF OAKEN o e. ORIGINAI enclosure diameter must not exceed 16 inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome. 4.8.1.12 Encroachments over Private Property. Small wireless facilities may not encroach onto or over any private or other property outside the public rights-of-way without the property owner's express written consent. 4.8.1.13 Backup Power Sources. Fossil -fuel based backup power sources will not be permitted within the public rights-of-way; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials. 4.8.114 Obstructions; Public Safety. Small wireless facilities and any associated equipment or improvements must not physically interfere with or impede access to any: (A) 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; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above- ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (F) access to any fire escape. 4.81.15 Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment must be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The approval authority will not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. 4.8.1.16 Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables must not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 63 of 64 RAKE -9N m U C, OR!GINAI 4.8.1.17 Electric Meters. Small wireless facilities must 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. The approval authority will not approve a separate ground -mounted electric meter pedestal. 4.8.1.18 Street Trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with small wireless facilities must not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant must be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for the duration of the permit term. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 64 ow" 'S9 o N m � C nFlIGiNAt