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Public Hearing to Consider the Adoption of Zoning Text Amend
Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I CITY f HUNTINGTON �- I am the Citizen of the United States and a - l resident of the County aforesaid, I am over i LEGAL NOTICE the age of eighteen years and not a party i ORDINANCE NO 3779 to or interested in the below entitled matter i Adopte City Council � on OCCTOBETOBE R 1,2001 NCE OF THE I am a principal clerk of the HUNTINGTON '{'CINYORDI OF HUNTINGTON BEACH INDEPENDENT, a newspaper of !CHAPTER 2 096 OF ITHE BEACH general circulation, printed and published in ONINGNANDO INANCESUBDIVISION TI the City of Huntington Beach, County of WIRED ESS COMMUNICATION, Orange, State of California and the SYNO SFAC ISILITIES 1 attached Notice is a true and coin lete co ORDINANCE NO 3779 p pY AMENDS THE ZONING AND ORDINANCE as was printed and published on the iPERTAINI G SUBDIVISION TOWIRELESS following date(s) COMMNICATION FACILI TIES THE AMENDMENT ALLOWS THE CITY TO EX, d ERCISE REASONABLE CON M01:' OVER THE TIME PLACE AND MANNER OF INSTALLATION OF WIRE LESS FACILITIES INCLUD ING THOSE IN THE PUBLIC RIGHT OF WAY AND ES OCTOBER 1 1 , 2 0 0 7 TABLIPERMIT APPL I WIRELESS PERMIICATION PRO �CESS THAT ENCOURAGES CO LOCATION AND THE UNDERGROUNDING OF WIRELESS FACILITIES PASSED AND ADOPTED by I the City Council of the City of Huntington Beach at a regular meeting held Octo ber 1 2007 by the follow t mg roll call vote AYES Bohr Carchio Cook iCoerper Green Hardy NOES Hansen I declare under penalty of perjury, that the 44ABSTM None ABSENT None foregoing is true and correct THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OF FICE This ordinance is effec Executed on OCTOBER 1 1 2 0 0 7 f�n 30 days after adop- IINGTON at Huntington Beach, California BEACH CITY OF2O00 MAIN STREET HUNTINGTON 1EACH CA 92648 714 36 5227 JOAN L I FLYNN CITY CLERK I APublished Huntington %/ ' Beach Independent Octo %4y:41 �e ijbe_r 11 2007 102 902 Signature ��` REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL 07-27 B. "Continue Zoning Text Amendment No. 06-08 and direct staff accordingly." C. "moo not adopt Ordinance No. 3780 for HBMC Chapter 12.13 and direct staff on how to proceed." D. "Do not adopt Ordinance No. 3781 for HBIVIC Chapter 12.38 and direct staff on how to proceed." E. "Do not adopt Ordinance No. 3782 for HBMC Chapter 12.48 and direct staff on how to proceed." F. "Do not adopt Ordinance No. 3783 for HBMC Chapter 17.64 and direct staff on how to proceed." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide Zoning Text Amendment No. 06-08 represents a request to amend Section 230.96 of the ZSO pertaining to Wireless Communication Facilities. The amendment allows the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way and establishes a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. Amendments to Sections 12.13 and 12.38 of the HBMC remedy several inconsistencies between the proposed ZTA No. 06-08 and the process by which Public Works currently issues encroachment permits. For instance, the City's current encroachment permit process does not distinguish between permanent and temporary encroachments in the public right-of- way. The amendments also address the utility companies that have franchise agreements with the City. The deletion of Chapter 12.48 is appropriate because Chapter 12.48 was originally added to the code to incorporate the "Metrocom" wireless system that was to be a broadband network with antennae attached to light poles. The City entered into a franchise with Metrocom, which has since gone bankrupt. However, the chapter arguably authorizes cellular franchises, too. Given the absence of the Metrocom system, it seems appropriate that this chapter should now be deleted from the Code. The amendments to Section 17.64.050 regarding locating utility facilities in the public right-of- way is being amended to clearly prohibit installation of new antennae structures such as boxes and cabinets above ground. -3- 9/12/2007 4:56 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL 07-27 B. BACKGROU.ND In August 2006 the City Council adopted a moratorium on the installation of wireless telecommunication facilities in the public right-of—way. This moratorium was extended on September 18, 2006 for a six-month period. On March 5, 2007 the City Council extended the moratorium for one year through March 18, 2008 and adopted interim regulations to allow for the processing of permits not withstanding the moratorium. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 27, 2007 a study session was held with the Planning Commission to review and discuss the proposed ZTA. On April 10, 2007, a public hearing was held with the Planning Commission. The Planning Commission had several changes to the proposed ordinance. Their changes include minor clean-up and clarification of the modification process for existing facilities in an effort to protect the intent of the ordinance. D. STAFF ANALYSIS AND RECOMMENDATION: With the adoption of the moratorium and the interim ordinance by the City Council, the City Attorney's Office was instructed to prepare updates to the ZSO and HBMC that are consistent with current state and federal law. The courts have recognized the right of municipalities to exercise reasonable control over the time, place and manner by which telephone corporations use the public right-of-way to install and operate their facilities. A wireless ordinance that employs a permitting process to regulate the place including location of the equipment and the manner or the appearance and characteristics of the premises in which wireless providers use the right-of-way is authorized by the California Public Utilities Code. The intent of the proposed ordinance is to encourage and .facilitate wireless communication facilities where they are invisible to pedestrians, co-located with other facilities or installed underground to reduce visual clutter. The proposed changes include the requirements for a Wireless Permit application and clarification of requirements for wireless facilities in the public right-of-way, and on public and private sites. Through the submittal of a Wireless Permit Application, the applicant must demonstrate that the wireless communication facility is located in the least obtrusive location feasible so as to eliminate any gap in service. Additionally, the applicant must respond to various questions addressing compatibility with surrounding environment, screening or camouflage, massing and location, proportion and potential interference issues. The Wireless Permit application is included in Attachment No. 5. Planning Commission's Recommended Changes from April 10, 2007 meeting -4- 9/12/2007 4:56 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL 07-27 Staff agrees with the recommended changes of the Planning Commission as these changes provide clarification regarding modifications to existing facilities and are minor clean-up of the existing ordinance. The proposed substantive changes are illustrated in bold type or strike- out and are as follows: 230.96.C. Any facility, which is subject to a previously approved and a valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. 230.96.F. 13a. Facility Removal. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways shall be removed within six (6) months of termination of use and the site restored to it natural state. The proposed amendment will further ensure that wireless facilities are located in the least obtrusive location while reducing visual clutter. Staff recommends that City Council approve Zoning Text Amendment No. 06-08 and changes to the Municipal Code because they authorize wireless facilities citywide while locating them where they are invisible to pedestrians, such as underground or co-located with other facilities. Strategic Plan Goal: Goal L-3 Preserve the quality of our neighborhoods, maintain open space, and provide for the preservation of historic neighborhoods. The code amendments will require that the wireless facilities be underground when in the public right-of-way. The Wireless Permit process will require that the applicant demonstrate that the least obtrusive location has been proposed. The intent of the ordinance is to further reduce visual clutter thereby preserving the quality of life. Environmental Status: The proposed ZTA No. 06-08 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. -5- 9/12/2007 4:56 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL 07-27 Attachment(s): Page Number No. Description ri 1. Findin s of Ann roval i 2. Ordinance No. 3779 Amending Chapter 230.96 of the Huntington ' Beach Zoning and Subdivision Ordinance Titled Wireless Communication Facilities (ZTA No. 06-08); ' Ordinance No. 3780 Amending Chapter 12.13 of the Huntington F Beach Municipal Code Titled Street Work Generally; Ordinance No. 3781Amending Chapter 12.38 of the Huntington Beach yr. ; Municipal Code Titled Encroachments; w Wu Ordinance No. 3782 Amending Chapter 12.48 Titled Wireless Digital lgl y Communications Radio Networks; Ordinance No. 3783Amending Chapter 17.64 Titled Undergrounding of Utilities. ., ram✓ j ,,r', r 3. Legislative Draft ZTA No. 06-08 (HBZSO Section 230.96) and HBMC Chapters 12.13, 12.38, 12.48 and 17.64 q� 4. Cit Council minutes dated March 05, 2007 ' ! 5. Planning Commission Staff Report dated April 10, 2007 6. Power Point Presentation -6- 9/12/2007 4:56 PM • • • ATTACHMENT # 1 SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 06-08 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to the City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves minor amendments to Huntington Beach Zoning and Subdivision Ordinance, Chapter 230(Wireless Communication Facilities) and the Huntington Beach Municipal Code Chapter 12 and 17 pertaining to wireless facilities. SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 06-08: 1. Zoning Text Amendment No. 06-08 to amend Chapter 230 Wireless Communication Facilities of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan because the amendment will encourage • and facilitate wireless facilities throughout the city while preventing visual clutter thereby furthering the City's development goals. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The introduction of the Wireless Permit will ensure that wireless facilities will not have adverse impacts citywide nor within the public right-of-way. 3. A community need is demonstrated for the change proposed as directed by the City Council because the amendment will require that when possible wireless facilities are located in the least obtrusive site necessary in order to continue wireless coverage in the area. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by addressing wireless facilities in the public right-of-way, adopting a wireless permit procedure and creating a zoning and subdivision ordinance more reflective of City priorities. • (07sr06 zTA 06-008) ® Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed ZTA No. 06-08 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The City Attorney's Office drafted the proposed ordinance to be current with state and federal law. The Department of Public Works reviewed the wireless facilities ordinance and determined that the encroachment permit process regulated by the Municipal Code will need to be amended by their department. Public Notification: A 1/8 page legal notice was published in the Huntington Beach/Fountain Valley Independent on March 29, 2007, and notices were sent to individuals/organizations requesting notification (Planning • Department's Notification Matrix), as well as other interested parties. As of April 3, 2007 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action—Not Applicable Legislative actions are not subject to mandatory processing dates. However, ZTA No. 06-08 must be in effect prior to the expiration of the moratorium on March 19, 2008. BACKGROUND: In August 2006 the City Council adopted a moratorium on the installation of wireless telecommunication facilities in the public right-of—way. This moratorium was extended on September 18, 2006 for a six- month period. On March 5, 2007 the City Council extended the moratorium for one year through March 18, 2008 and adopted interim regulations to allow for the processing of permits not withstanding the moratorium. On March 27, 2007 a study session was held with the Planning Commission to review and discuss the proposed amendment. PC Staff Report -04/10/07 3 (07sr02 ZTA 06-08) ANALYSIS• 0 With the adoption of the moratorium and the interim ordinance by the City Council, the City Attorney's Office was instructed to prepare updates to the Huntington Beach Zoning and Subdivision Ordinance that are consistent with current state and federal law_ The court recognized the right of municipalities to exercise reasonable control over the time, place and manner by which telephone corporations use the public right-of-way to install and operate their facilities. The Court of Appeals concluded that a wireless ordinance that employs a permitting process to regulate the place including location of the equipment and the manner or the appearance and characteristics of the premises in which wireless providers use the right-of-way was authorized by the California Public Utilities Code. The intent of the proposed ordinance is to encourage and facilitate wireless communication facilities where they are invisible to pedestrians, co-located with other facilities or installed underground to reduce visual clutter. The proposed changes include the requirements for a Wireless Permit application and clarification of requirements for wireless facilities in the public right-of-way, and on public and private sites. Through the submittal of a Wireless Permit Application, the applicant must demonstrate that the wireless communication facility is located in the least obtrusive location feasible so as to eliminate any gap in • service. Additionally, the applicant must respond to various questions addressing compatibility with surrounding environment, screening or camouflage, massing and location, proportion and potential interference issues_ With the Wireless Permit process, certain subsections or line items are either deleted or relocated within the permit process. The Planning Commission directed staff to illustrate the amendment in a table format_ These changes are illustrated in Table 1. TABLE 1: WIRELESS ORDINANCE AMENDMENT—SECTION 230.96 SUBSECTIONS-LEGISLATIVE DRAFT AMENDMENTS 230.96 A Modified or Added Language 230.96 B. 9, 10, 11 Language Relocated/Added Language 230.96 C Modified or Added Language 230.96 D New Process and Relocated Language 230.96 E. 1 Relocated Existing Langu4ge 230.96 E. 2 Modified or Added Language 230.96 E. 3 Relocated Existing Language 230.96 F. 9, 10, 11 Relocated Existing Language 230.96 F.12 Modified or Added Language 230.96 F_13 Modified or Added Language The City Attorney's Office is also in the process of conferring with the Department of Public Works on proposed amendments to the encroachment permit process. • PC Staff Report -04/10/07 4 (07sr02 ZTA 06-08) • ATTACHMENTS: 1. — 2. Drftft Ordirmiee for - 3 �� vo 4. Wireless Permit Application 5. City Council Report dated March 5, 2007 SH:LM:MBB:RR:RM • PC Staff Report -04/10/07 5 (07sr02 ZTA 06-08) CITY OF HUNTINGTON BEACH WIRELESS PERMIT APPLICATION FORM i This form is designed to elicit required technical information in support of an application for a new or modified permit (generally, the "Permit") for a wireless site within the City of Huntington Beach. This application is a mandatory element of the application process. No application for a new wireless site Permit or for a modification of an existing wireless site Permit shall be considered for determination of completeness until this form and required attachments are provided to the City of Huntington Beach. Every page of this form, including this page, must be completed and submitted to the City of Huntington Beach, and each page must be signed and/or initialed where indicated. Questions about this form or the required information to be provided should be directed to the City Planner assigned to your project or to the Director of Planning at(714) 536-5271 for the City of Huntington Beach. You are advised to be familiar with the City's Municipal Code and Zoning and Subdivision Ordinance, which establishes standards and guidelines for the installation of wireless communications facilities in the City of Huntington Beach. <Continue to next page> • i06-595/9174 3/30/07 Page 1 of 9 Applicant Must initial Here: ATTACHMENT NO. 1.00: Applicant Information 1.01: Project Address: 1.02: Project Assessors Parcel Number: 1.03: Name of Applicant: 1.04: Name of Property Owner: 1.05: Applicant is: _Owner _Owner's representative Other 1.06: Applicant's Address Line 1: 1.07: Applicant's Address Line 2: 1.08: Applicant's Address Line 3: 1.09: Applicants Address Line 4: 1.10: Applicant's Phone number: 1.11: Applicant's Mobile number: 1.12: Applicant's Fax number: 1.13 Applicant's Email address: If Applicant is the Property Owner and the name and contact information above is the same, initial here and proceed to 3.01. <Continue to next page> 06-595/9174 3130/07 • Page 2 of 9 Applicant Must Initial Here: 2.00: Project Owner Information ® 2.01: Disclose the Names, Addresses, contact persons, and telephone numbers for all Project Owners (use additional sheets if required and mark as Attachment 2.01"): 2.02: Project Owner Name (i.e., carrier or licensee): 2.03: Address (line 1): 2.04: Address (line 2): 2.05: City: State: Zip: 2.06: Contact Person Name: 2.07: Contact Person's telephone number/extension: 2.08: if the Applicant is not the project owner, attach a letter of agency appointing the Applicant as representative of the Project Owner(s) in connection with this application. Designate the letter of agency as "Attachment 2.08". Initial here if Attachment 2.08 is attached to this application, and continue to 3.00. 2.09: If the Applicant is not the property owner, attach a letter of agency appointing the Applicant as representative of the Property Owner in connection with this • application. Designate the letter of agency as'Attachment 2.09". Initial here if Attachment 2.09 is attached to this application, and continue to 3.00. <Continue to next page> • 06-595 19174 3/30107 Page 3 of 9 Applicant Must Initial Here: 3.00: Project Purpose 3.01: Justification. Provide a non-technical narrative, accompanied by written documentation where appropriate, which explains the purpose(s) of the proposed Project. 3.02: Indicate whether the dominant purpose of the Project is to add additional network capacity, to increase existing signal level, or to provide new radio frequency coverage (check only one)_ Add network capacity without adding significant new RF coverage area Increase the existing RF signal level in an existing coverage area Provide new radio frequency coverage in a significant area not already served by existing radio frequency coverage by the same Owner or affiliated entity (such as a roaming agreement with an affiliated entity for a cellular or PCS carrier). Other 3.03 If the answer in 4.02 is not"Other" proceed to 5.00. 3.04 Attach a statement fully and expansively describing the "Other"dominant purpose of this project. Designate this attachment, "Attachment 4.04". Initial here to indicate that Attachment 4.04 is attached to this application_ <Continue to next page> 06-59519174 3/30/07 Page 4 of 9 Applicant Must Initial Here: i 4.00: Radio Frequency Coverage Maps ® 4.01: Where a licensee intends to provide radio frequency geographic coverage to a defined area from the Project (including applicants in the cellular, PCS, broadcast, ESMR/SMR categories), the coverage maps and information requested below are required attachments. All others proceed to 7.00. For the coverage maps required here, the following mandatory requirements apply: I . The size of each submitted map must be no smaller than 8.5" by 11", and all maps must be of the same physical size, scale, and depict the same geographic area. Include major streets and street names on each map. All maps must share a common color scheme. 2. If the FCC rules for any proposed radio service define a minimum radio frequency signal strength level, that level must be shown on the map in a color easily distinguishable from the base paper or transparency layer, and adequately identified by RF level and map color or gradient in the map legend. If no minimum signal level is defined by the FCC rules you must indicate that in the legend of each RF coverage map. You may show other RF signal level(s) on the map so long as they are adequately identified by objective RF level and map color or gradient in the map legend. 3. RF coverage maps with labels such as, "In-Building""In-Car" and "Outdoor" or referencing a link budget without corresponding signal strengths in units of "dBm"will be reiected. • 4. Where the City of Huntington Beach determines that one or more submitted maps are inadequate, it reserves the right to require that one or more supplemental maps with greater or different detail be submitted. 4.02: Map of existing RF coverage within the City of Huntington Beach on the same network, if any (if none, so state). This map should not depict any RF signal coverage to be provided by the Project. Designate this map"Attachment 6.02". Initial here to indicate that Attachment 6.02 is attached to this application. 4.03: Map of RF coverage to be provided only by the Project. This map should not depict any RF coverage provided by any other existing or proposed wireless sites. Designate this map"Attachment 6.03". Initial here to indicate that Attachment 6.03 is attached to this application. 4.04: Map of RF coverage to be provided by the Project and by other wireless sites on the same network should the Project be-approved. Designate this map "Attachment 6.04". Initial here to indicate that Attachment 6.04 is attached to this application. <Continue to next page> ® 06-595/9174 3l30I07 Page 5 of 9 Applicant Must Initial Here: ATTACHMENT No: 5.00: Project Photographs and Photo Simulations 5.09: Where an Applicant proposes to construct or modify a wireless site, the Applicant shall submit pre-project photographs, and photo simulations showing the project after completion of construction, all consistent with the following standards: 1 . Minimum size of each photograph and photo simulation must be 8.5" by 11" (portrait or landscape orientation); 2. All elements of the project as proposed by the Applicant must be shown in one or more close-in photo simulations_ 3. The overall project as proposed by the Applicant must be shown in five or more area photos and photo simulations. Photos and photo simulation views must, at a minimum, be taken from widely scattered positions separated by an angle of no greater than 72 degrees from any other photo location. 4. For each photograph and photo simulation, show on an area map the location and perspective angle of each photograph and photo simulation in relationship to the Project location. S. All `before' and after photos and photo simulations must be of the same scale_ For example, do not place a smaller`before' photo in a box on the same page as a large `after' photo simulation. The number of site photos, and photo simulations, and the actual or simulated camera • location of these photos and photo simulations are subject to City of Huntington Beach determination. The Applicant must submit photos and photo simulations consistent with these instructions, and be prepared to provide additional photos and photo simulations should they be requested by the City of Huntington Beach. <Continue to next page> 06-595/9174 3/30/07 Page 6 of 9 Applicant Must Initial Here: ATTACHMENT . - ° 6.00: Candidate Sites 6.01: For applicants in the cellular, PCS, broadcast, ESMR/SMR categories, and others as requested by the City of Huntington Beach, the information requested in Section 8 is required. All others proceed to 9.00. 6.02, Has the Applicant or Owner or anyone working on behalf of the Applicant or Owner secured or attempted to secure any leases or lease-options or similar formal or informal agreements in connection with this project for any sites other than the candidate site identified at 1.01 and 1.02? Yes No 6.03: If the answer to 8.02 is NO, proceed to 8.05. 6.04: Provide the physical address of each such other location, and provide an expansive technical explanation as to why each such other site was disfavored over the Project Site. Designate this attachment"Attachment 8.04". Initial here to indicate that Attachment 8.04 is attached to this application. 6.05: Considering this proposed site, is it the one and only one location within or without the City of Huntington Beach that can possibly meet the objectives of the project? Yes No 6.06: If the answer to 8.05 is NO, proceed to 9.00. 6.07: Provide a technically expansive and detailed explanation supported as required by comprehensive radio frequency data fully describing why the proposed site is the one • and only one location within or without the City of Huntington Beach that can possibly meet the radio frequency objectives of the project. Explain, in exact and expansive technical detail, all of the objectives of this project. Designate this attachment, "Attachment 8.07". Initial here to indicate that Attachment 8.07 is attached to this application. Continue to next page> ® 06-595/9174 3/30/07 Page 7 of 9 Applicant Must Initial Here: AMdXNENT NO. �r 7.00: identification of Key Persons 7.01: Identify by name, title, company affiliation, work address, telephone number and extension, and email address the key person or persons most knowledgeable regarding: 7.10 (1) The site selection for the proposed project, including alternatives; 7.11 Name: 7.12 Title: 7.13 Company Affiliation: 7.14 Work Address: 7.15 Telephone/Ext.: 7.16 Email Address: 7.20 (2) The radio frequency engineering of the proposed project; 7.21 Name: 7.22 Title: 7.23 Company Affiliation: 7.24 Work Address: 7.25 Telephone/Ext.: 7.26 Email Address: 7.30 (3) Rejection of other candidate sites evaluated, if any; 7.31 Name: 7.32 Title: 7.33 Company Affiliation: • 7.34 Work Address: 7.35 Telephone/Ext.: 7.36 Email Address: 7.40 (4) Approval of the selection of the proposed site identified in this project_ 7.41 Name: 7.42 Title: 7.43 Company Affiliation: 7.44 Work Address: 7.45 Telephone/Ext.: 7.46 Email Address: 7.5 If more than one person is/was involved in any of the four functions identified in this section, attach a separate sheet providing the same information for each additional person, and identifying which function or functions are/were performed by each additional person. Designate this attachment"Attachment 7.5". Initial here to indicate that the information above is complete and there is no Attachment 7.5, or initial here to indicate that Attachment 7.5 is attached to this application. <Continue to next page> 06-59519174 3130/07 Page 8 of 9 Applicant Must Initial Here: ATTACHMENT NU. 8.00: Form Certification 8.01. The undersigned certifies on behalf of itself and the Applicant that the answers provided here are true and complete to the best of the undersigned's knowledge_ Signature Title Print Name Email Address Print Company Name Telephone Number/extension Date Signed <Stop Here. End of Form> • Ora-595!9174 3/30/07 Page 9 of 9 Applicant Must Initial Here: AI kACHM T to z- • • • ATTACHMENT NO .--- -6 ZONING TEXT AMENDMENT NO. 06-08 and AMENDMENTS TO HBMC CHAPTERS 12 AND 17 Amending Chapter 230 of Zoning and Subdivision Ordinance and Adopt Amendments to Municipal Code Chapters 12 and 17 as they pertain to Wireless Communication Facilities and the Public Right-of-Way September 4, 2007 • REQUEST Amendments to Chapter 230 (Site Standards) of th Huntington Beach Zoning and Subdivision Ordinance and Amendments to Chapters 12 and 17 of the Municipal Code pertaining to Wireless Communication Facilities and the Public Right-of- Way. ■ Allows the City to exercise reasonable control over the time, place, and manner for the installation of wireless facilities including those in the public right-of-way. ■ Establishes a Wireless Permit application process. ■ Modifies, relocates, or adds language for better clarification of existing criteria. 1 ANALYSIS ■ The City Attorney's Office was instructed to prepare updates to HBZSO that are consistent with current state and federal law. ■ The court recognized the right of municipalities to exercise control over wireless facilities with respect to time, place, and location. ■ The draft ordinance is consistent with the interim ordinance adopted by the City Council. • ANALYSIS (cont'd) ■ The draft ordinances require that all facilities installed in the public right-of-way be underground except for antennas. ■ The ordinances encourage the co-location with other wireless facilities in an effort to minimize visual clutter. ■ The Wireless Permit process is applicable to all wireless facility proposals regardless of location. ■ Amendments to the ordinances either relocate existing criteria or merely adds text for clarification. • 3 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: ZONING TEXT AMENDMENT NO. 06-08 (WIRELESS FACILITIES COUNCIL MEETING DATE: September 17, 2007 Ordinance (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorne ) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not A plicable ❑ Bonds (If applicable) Attached ❑ Not Ap licable ❑ Staff Report (If applicable) Attached M Applicable No A Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable ❑ Findings/Conditions for Approval and/or Denial Attached "¢ Not Applicable ❑ /£' S 'A, ,1 y� 'f fair Administrative Staff ( ) ( ) Deputy City Administrator (initial) City Administrator Initial City Clerk ( ) "UP ,ANATIQN } ,��T1 (Below Space RCA Author: SH:LM:TH:MBB:RM-13259 SEP-13-2007 04:17 AM P. 1 SOUTHERN CALIFORNIA 'rami Bui �,)" Region Manager .J v Local Public AfTairs nn�ii71.SC1:\1VTP.h.Y,'1*10','M.•COmpvmy September 12,2007 Travis Hopkins Acting Director of Engineering and Transportation PO Box 190 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Travis Hopkins: The Southern California Edison Company(SCE) appreciates the opportunity to review and comment on the subject amendments. SCE also recognizes the city staff s spirit of cooperation in its efforts to accommodate SCE's concerns in the amendments. City of Huntington Beach Ordinance Amendments Wireless Facilities Legislative Draft Ordinance 3780 Comments Requirement: Section 12.13.035 requires all facilities constructed within the public right-of way shall be underground except for antennae. Comment: SCE designs and constructs its electric facilities in accordance to the California Public Utilities Commission(CPUC)General Orders 95 and 128,overhead construction and underground standards respectively, SCE also converts its overhead facilities to underground in accordance to the CPUC's Rule 20 Tariff requirements. Recommendation: State requirements govern the conversion of overhead to underground electrical facilities. Exempt SCE from this requirement. Requirement: Section 12.13.080.3b requires the provision of digital maps,photos or artist renderings of facilities. Comment: This requirement would add an undue cost burden on SCE's ratepayers, Recommendation:Normal installation of poles or equipment approved by the CPUC required in the public right-of-way as a necessity for utility operations should not require plans for improvements,photographs,or artist renderings. Furthermore,the Federal Energy Regulatory Commission(FERC)has recognized that the electric system facilities Wc:tnunsler.CA 92663.5210 T 714-59..-0271/PAX 54271 Far,714-895-0188 SEP-13-2007 04:17 AM P. 2 are a key component of American infrastructure, and would be an inviting target for terrorists. FERC has taken the position that restricting access to this vital infrastructure is in the best interests of national security. As a result, SCE has adopted procedures to take FERC's lead on this issue to not provide this information unnecessarily into the public domain.Exempt SCE from this requirement. Requirement: Section 12,13.080.10 refers to above ground cabinet guidelines. Comment SCE does not have the Above Ground Facilities(AGF)Guidelines as defined in that section and SCE would need to review those guidelines to ensure it can comply with the requirement. Recommendation: City provides its AGF Guidelines to SCE for review and comment. Requirement Section 12.13.080.10 requires advance notice to the public on the above ground facilities pursuant to the guidelines of the proposed quantity,precise dimensions, design, color, type, potential noise and location of above ground facilities, Comment: SCE does not have the Above Ground Facilities Guidelines and SCE would have to review the guidelines to ensure it can comply with the requirement. Furthermore, the type, color, design, size, etc. are governed by the CPUC General Order 128. Recommendation: City provides its AGF Guidelines to SCE for review and comment. Requirement: Section 12.13.240.b.1 requires a 72 hour advance notice when excavating and posting at the site, Comment: SCE currently provides 24 to 48 hour advance notice when excavating and has had a long history of good coordination with the city and posting notice at the site adds an undue burden,unless the project is expected to take impact the area for a long period of time, ,Recommendation: Exempt SCE from this requirement. Requirement: Section 12.13.240.b2 requires 10 calendar days prior notice to commencement of the excavation. Comment: SCE has had a long history of good coordination with the city and has submitted plans well in advance of most projects requiring excavation. In addition, SCE has a postcard notification process for neighborhoods affected by planned power outages or projects affecting neighborhoods with inconveniences for prolonged periods of time. Recommendation: Exempt SCE from this requirement. Requirement: Section 12.38.060 requires a hold harmless agreement. SEP-13-2007 04: 18 AM P. 3 Comment: SCE's electric franchise agreement with the city has a hold harmless clause and SCE will not enter into another agreement that may conflict, exceed or restrict the existing hold harmless agreement. Furthermore, SCE is self insured and meets the city requirements. Recommendadon:Exempt SCE from this requirement. Again, thank you for the opportunity to review and comment on the subject amendments, I can be reached at 714-895-0271 with any questions. Sincerely, Tami Bui Region Manager, Local Public Affairs. Southern California Edison SEP-18-2007 12:51 AM M JSOUTHERN CALIFORNIA Tend Bui E D I N, Region Manager Local Tublic Affairs An ri)N- .N;1\-,r1ft1C•t7701V 41.! C'nmp¢n September 17, 2007 Travis Hopkins Acting Director of Engineering and Transportation PO Box 190 2000 Main Street Huntington Beach:, CA 92648 Dear Mr. Travis Hopkins: The Southern California Edison Company(SCE) ap re6ates the opportunity to review and comment on the Legislative Draft Ordinance Amendments. SCE also recognizes the city staff s spirit of cooperation in its efforts to accommodate SCE's concerns in the amendments. SCE has reviewed the Draft Ordinance and:is pleased with Section 17.64.050 in Ordinance 3783, which states that facilities''installed pursuant to our franchise need not be installed underground. However, SCE is requesting that the City 1)amend section! 17.64.050 to state, ",A franchise utility has the right, by their F' anchise Agreement, to encroach in the public rights of way (PROW),"to that section in 3781, or 2) define the"Franchise"as the right to encroach in the public rights ofway as defined in each`franchise. This could be added as a new section or as a term or definition in 3181. a Again,thank you;for the opportunity to review and comment on the subject amendments. I can be reached at 714-895-0271'with any"questions. t Sincerely, Tami Buis C Region Manager, Local Public Affairs '' Southern California Edison Cc: Penny Culbreth-Graft, City Administrator Councilrhembers X- 9 1-7- 7333 Balsa Avo. Westminster.CA '9268.3-5210 Z— C6, 714-895.0271/PAX 54271 Fug 714.895 O 188 `` —�cz� Esparza, Patty From: Dapkus, Pat Sent: Monday, September 17, 2007 10:42 AM To: City Clerk Agenda Subject: FW: Agenda Item D-2: Wireless Code Amendments: September 17, 2007 Importance: High Attachments: Huntington Beach15.pdf R Huntington �ach15.pdf(112 KB. Pat Dapkus (714) 536-5579 (714) 536-5233 (FAX) Original Message----- From: Sarah Burbidge [mailto:sburbidge@mallp.com] Sent: Monday, September 17, 2007 10: 14 AM To: CITY COUNCIL; McGrath, Jennifer Cc: Field, Scott Subject: Agenda Item D-2: Wireless Code Amendments: September 17, 2007 Importance: High Dear Members of the City Council and Ms. McGrath: Attached please find our letter on behalf of Verizon Wireless concerning the Wireless Code Amendments to be considered the evening of September 17. Please do not hesitate to contact me with any questions. Thank you. Sarah Burbidge Mackenzie & Albritton LLP 1 Post Street, Suite 500 San Francisco, CA 94104 (415) 288-4000 (415) 288-4010 (fax) sburbidge@mallp.com 1 MACKENZIE & ALBRITTON LLP ONE POST STREET,SUITE 500 SAN FRANCISCO_CALIFORNIA 94104 TELEPHONE 4151288-4000 FACSIMILE 415/288-4010 SENDERS EMAIL_ SBURBIDGE@MALLP.COM September 14, 2007 By Email &Facsimile (714-536-5233) By Email&Facsimile(714-374-1590) Hon.Gil Coerper Jennifer McGrath, City Attorney and Members of the City Council Sarah Sutton, Esq. City of Huntington Beach City of Huntington Beach 2000 Main Street 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Re: Wireless Code Amendments: September 17, 2007 Dear Mayor Coerper, Members of the City Council, and Ms. McGrath: I am writing on behalf of Verizon Wireless in connection with the City Administrator's request that the City Council adopt Code Amendments to change the City of Huntington Beach's treatment of wireless facilities. We recently received the 100-page report describing major changes to four Chapters of the Municipal Code. To our knowledge, the staff has not yet sought comment on any of the draft legislation from the many parties who might be affected. As the changes would have far-reaching impact, we suggest that before enacting the present revisions,the City obtain and consider the input of the many telecommunications and utility providers who serve the large community of Huntington Beach. Under controlling Ninth Circuit authority, local wireless ordinances will be held to violate federal law where they vest broad discretion in government officials to deny, revoke, or impose conditions on a permit; subject applicants to burdensome submission requirements; or impose substantial costs on carriers seeking to provide service. See Sprint Telephony, PCS v. County of San Diego, 490 F.3d 700, 715-716 (9th Cir. 2007); City ofAuburn v. Qwest Corp., 260 Fad 1160, 1175-76(9th Cir. 2001). In the San Diego County decision, the County wireless ordinance was struck down in its entirety because it imposed burdensome regulations. Based also upon the recent decision in NextG Networks of Cal. v_ County of Los Angeles, Case No. 07-2425, slip op. at p.29 Mayor Coerper and Members of the City Council September 14,2007 Page 2 (C.D.Cal., June 22,2007),we believe that the Huntington Beach amendments,if passed in their current form,would clearly violate applicable law. Franchise Fee for use of the Public Right-of-way The staff synopsis and analysis do not discuss this fact,but the proposed changes would, for the first time, impose a franchise fee upon all wireless telephone providers seeking to install facilities within the public right-of-way. Please see proposed section 230.96(F)(12)(g). This runs counter to existing state law, and counter to existing exemptions in the City's Code. Because such a fee is not currently permitted under state law, the proposed section further states that the City will refund the fee, without provision for the payment of interest, in the event the California Supreme Court confirms the already existing state- wide franchise. The changes refer to a yet to be decided lawsuit currently pending in the California Supreme Court, Sprint Telephony v. County of San Diego (a separate challenge under California state law to the same ordinance involved in the federal San Diego County decision noted above). See pages 7-8 of the proposed ordinance (Attachment 2). This case is expected to be decided sometime next year. To our knowledge,no jurisdiction in California has enacted legislation to impose a franchise fee that is clearly invalid under current law, in the hope that such a fee might, at some point in the future, become authorized. This is the same as imposing an unlawful tax, with the hope that it might someday become legal. Based upon Williams Communications, LLC v. City of Riverside, 114 Ca1.App.4th 642, 648 (2003), California Public Utilities Code Section 7901, and confirmed in current Huntington Beach Municipal Code section 230.96(G)(1), it is well-established that wireless telephone providers are currently exempt from local franchise fees. Federal Limits on the Wireless Amendments The recent federal decisions invalidating regulations of San Diego County and Los Angeles County are based upon section 253(a) of the Telecommunications Act of 1996, as amended, which prohibits local jurisdictions from imposing a burdensome application process or granting unfettered discretion to approve or deny an application. The Ninth Circuit case law in this area is now well-established. Thus,in holding certain Los Angeles County regulations preempted under section 253, the district court observed: "The Court has little trouble concluding that this process is so burdensome and Byzantine as to erect a barrier to providing telecommunication services."NextG, supra, slip op. at p.29. Mayor Coerper and Members of the City Council September 14, 2007 Page 3 In holding the San Diego County wireless ordinance preempted under federal law, the Ninth Circuit focused on the County's burdensome application submission requirements and the broad discretion afforded the decision maker to determine whether a facility is `consistent with community character,' designed to have minimum `visual impact,' and appropriately `camouflaged.' 490 F.3d at 715-716. As presently drafted, the City's proposed changes are subject to precisely the same challenge,requiring, for example, "compatibility with the surrounding environment,"a"least obtrusive location," and appropriate "camouflaging." The application submission requirements and 9-page application form are onerous within the meaning of the federal decisions,requiring for example, that all cellular and PCS applicants provide a"technically expansive and detailed explanation" describing why the proposed site "is the one and only location within or without the City of Huntington Beach that can possibly meet the radio frequency objectives of the project." The wording and extent of the submission requirements create a very strong presumption against granting wireless permits. In addition, if the facility requires electrical power(as they all do),the applicant must provide either a franchise agreement between the City and the applicant, or a written statement from the utility company"that they accept all responsibility for those lines in the public right-of-way." We are not sure of the genesis of this statement, but it is unclear whether Southern California Edison ("SCE")is in a position to make a separate statement of general liability beyond the statements contained in the SCE franchise agreement. This requirement can only serve to act as a further hurdle. Undergrounding The ordinance would require that all facilities within the right-of-way except antennas be placed underground. Undergrounding is required expressly for aesthetic reasons. The use of"aesthetics"under California Public Utilities Code section 7901, and whether aesthetic considerations fall within the ambit of"reasonable"restrictions on the "time,place and manner"of right-of-way installations is the central issue in the Sprint case now pending before the State Supreme Court, and so this change in the local law is clearly premature. In contrast to wireless facilities, cable TV lines may be installed on existing utility poles and need not be placed underground. In addition, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets need not be placed underground. It therefore appears that the ordinance seeks to treat wireless facilities quite differently from cable,land-line telephone and other utility providers, creating new issues of inequitable or discriminatory treatment. 'Uww � Mayor Coerper and Members of the City Council September 14, 2007 Page 4 This description of problematic provisions is not intended to be exhaustive; we believe the proposed amendments create a large number of issues and certainly require examination in light of the current federal case law. We have worked with a number of surrounding cities and counties proposing their own new ordinances and they have routinely circulated draft legislation for comment and discussion. We respectfully submit that the same process is appropriate here. We therefore urge the Council to obtain input from the many entities and parties that would be affected by the changes,particularly in order to ensure that there is adequate wireless service within Huntington Beach. Very truly yours, Sarah L. Burbidge cc: Scott Hess, Director of Planning Travis Hopkins, Director of Public Works Scott Field, Deputy City Attorney Verizon Wireless a Channel Law Group, L IUa C CORD cou M OF too OCEANGATE CITY CLERK bFFIC SUITE 1400 ,OAN L FLMI,CITY CLERK LONG BEACH,CA 9o802-4323 Fax:(562)216-5090 !� www.channellawgroup.com ROBERT JYSTAD Writer's Direct Line: (310)2o9-8515 JULIAN K.QUATTLEBAUM,III* rjystad@channellawgroup.com JAMIE T.HALL** MARTHA HUDAK*** *ALSO Admitted in Colorado **ALSO Admitted in Texas ***ALSO Admitted in New York and New Jersey September 17, 2007 The Hon. Gil Coerper and Members of City Council CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach. CA 92648 Re: Proposed Amendments to Huntington Beach Zoning and Municipal Codes re Wireless Communication Facilities Dear Mr. Mayor and Council Members: I represent the New AT&T in regard to the Proposed Amendments to the City of Huntington Beach ("City") Zoning and Municipal Codes concerning wireless communication facilities ("WCFs") (collectively, "Proposed Amendments"). As an initial matter, AT&T asks that the City postpone its decision on the Proposed Amendments until stakeholders have an opportunity to provide input to staff. We have not been in contact with staff at all regarding the Proposed Amendments and, as you can see below, although we appreciate the City's effort to simplify the WCF permitting process under certain circumstances, we nevertheless have several concerns. Some opportunity to review these concerns needs to be made available to carriers. Failure to do so will result in many misunderstandings down the road. AT&T is not outlining all of its concerns with the Proposed Amendments in this letter and our silence on issues is not to be construed to be assent to any amendments. For that reason, AT&T does not waive any right to raise new concerns regarding the amendments identified in this letter or to raise additional concerns at a latter time and reserves all rights accordingly. 1. Metricom Franchise Is Not a Proper Model; Under Any Reasonable Interpretation of State Law, Wireless Carriers Are Exempt from Franchising Before discussing individual provisions, we note that there is, from our perspective, a conceptual flaw in the regulatory model on which the City is basing its Proposed Amendments. Metricom's willingness to agree to sign local franchise agreements to use public rights-of-way was a business decision on which the company gambled in order to get quicker access to local markets. Hon. Gil Coerper and Members of City Council September 17,2007 Page 2 That decision was not based on the law and Metricom's decision to abrogate its rights in no way affects the rights of other wireless carriers. We understand that the City is proposing to repeal the wireless franchise provisions in the Municipal Code, Chapter 12.48, in light of Metricom's demise, but the Proposed Amendments include revisions to Section 230.96 of the Zoning Code requiring the same franchise and franchise fees. Therefore, AT&T objects to the application of the Metricom-like franchise and franchise fees to its WCFs required under proposed H.B. Zon. Code § 230.96(F)(12) and H.B. Mun. Code § 12.13.020. The franchise and franchise fees requirements are unambiguously preempted by Cal. Pub. Util. Code § 7901 and 7901.1. Section 7901 clearly applies to the antenna components of wireline telephone companies and no court has been able to conclude, without reservation, that § 7901 does not apply wireless telephone companies. Section 7901 applies to all "telephone lines"and Section 233 of the Public Utilities Code defines "telephone line"to include "all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telephone, whether such communication is had with or without the use of transmission wires." Cal. Pub. Util Code § 233 (2007)(emphasis added). The imposition of local franchise requirements on"telephone lines"would"defeat the very purpose of section 7901. Pacific Tel. & Tel. Co. v. City of Los Angeles (1955) 44 Cal.2d 272, 282; Williams Communications, LLC. v. City of Riverside (2003) 114 Cal.App.4th 642, 652 (local telephone franchises "interfere substantially with the ability of telephone companies to provide adequate communication service to the people of the state"). 2. Proposed Wireless Permit Requirements in Section 230.96 Are Overreaching a. Carriers Are Not Under an Obligation to Prove Gaps in Coverage (H.B. Zon. Code §230.96(D)(1)) Federal law does not authorize local authorities to require "proof'that a gap in service exists as a basis for a request for a wireless permit. The City has turned its defense against a claim of effective prohibition under Section 332(c)(7)(B)(i)(Il) into a permit requirement. AT&T objects to this baseline requirement for wireless permits. This effort is also bad policy if the City is concerned about encouraging and facilitating the construction of high quality wireless networks. Carriers need to address a multiplicity of issues when they construct networks and"coverage"is only one issue. Capacity is as important to wireless subscribers as coverage and many "gaps" are not measurable by strength of signal but arise as a result of inadequate capacity at existing cell sites. In addition, carriers embark on aggressive programs to implement new services from text messaging to music downloads and video. These services are not available on standard voice based platforms and require substantial upgrades to new platforms that may require additional cell sites. The City's requirement that carriers prove "cap is coverage"would impede the deployment of these new services and lock the City's network into an archaic operating platform. 4 Hon. Gil Coerper and Members of City Council September 17, 2007 Page 3 b. The City Does Not Have the Authority to Require Carriers to Obtain NonInterference Clearances as a Basis for a Wireless Permit(H.B. Zon. Code § 230.96(D)(6)) Over a year ago, AT&T(formerly Cingular) objected to the exact same requirements outlined in proposed § 230.96(D)(6). As you will see, the FCC does not leave any room for the City to condition the issuance of a building permit, or any other type of permit, on an agreement not to use certain frequencies. The FCC has determined that federal authority over radio frequency interference ("RFI") preempts local ordinance provisions that attempt to condition the receipt of permits upon proof of noninterference with public safety radio systems. In In the Matter of Petition of Cingular Wireless L.L.C.for a Declaratory Ruling that Provisions of the Anne Arundel County Zoning Ordinance are Preempted as Impermissible Regulation of Radio Frequency Interference Reserved Exclusively to the Federal Communications Commission, 18 FCC Rcd. 13126 (July 7, 2003), the FCC held that the RFI provisions of the county's zoning ordinance, which required proof of noninterference before permits would be issued, infringed on the Commission's exclusive jurisdiction over RFI and were preempted under the doctrine of field preemption. Id. at par. 11. The FCC added: "The Commission and the federal courts have consistently found that the Commission's authority in the area of RFI is exclusive and any attempt by State or local governments to regulate in the area of RFI is preempted." Id. at par. 13; see also Freeman v. Burlington Broadcasters, Inc., 204 F.3d 311, 325 (211d Cir. 2000) ("We conclude that allowing local zoning authorities to condition construction and use permits on any requirement to eliminate or remedy RF interference stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress" (internal quotes omitted)); Howington v. Spectrasite Communs., Inc., 2006 U.S. Dist. LEXIS 8219, at *4 (S.D. Ala. 2006)("[T]he Second, Sixth and Tenth Circuit Courts of Appeals have found such pervasive regulation by the FCC in the field of RFI... This Court concurs with the above cited circuits in holding that RFI falls under the technical domain of the FCC"). Like Freeman, the Anne Arundel decision cited to the House Conference Report to the 1982 provisions of the Communications Act, which stated: "Such [RFI] matters shall not be regulated by local or state law, nor shall radio transmitting apparatus be subject to local or state regulation as part of any effort to resolve an RFI complaint." Id. citing H.R. Con£ Rep. No. 97-765, at 33 (1982), reprinted in 1982 U.S.C.C.A.N. 2261, 2277; Freeman, 204 F.3d at 320-21. Following Anne Arundel, the FCC established rules and procedures for interference abatement. It required abatement only where interference levels qualified as "unacceptable interference" and established technical standards for determining"unacceptable interference." In the Matter of Improving Public Safety Communications in the 800 MHz Band, 19 FCC Rcd. 14969 (August 20, 2004). The FCC also established mutual notification requirements in which public safety agencies could request advance notice of construction and modification of cell sites. Id. at para. 124. The agency identified the most relevant parameters in providing the information as "location, the effective radiated power, the antenna height, and the channels in use." Id. at para. 126. The FCC stressed that this information was for"informational purposes only." Id. at para. 127. The Order expressly states: "[W]e are not affording public safety or CII licensees the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: (a) allow a public safety or CII licensee to Hon. Gil Coerper and Members of City Council September 17,2007 Page 4 advise the ESMR or cellular telephone licensee whether it believes a proposed cell will generate unacceptable interference; (b) permit ESMR or cellular telephone licensees to make voluntary changes in cell parameters when a public safety or CII licensee alerts them to possible interference; and (c) rapidly identify the source if interference is encountered when the cell is activated." Id. Thus, the procedures for RFI abatement are established at the federal level and not at the local level and, even if the City is authorized to request frequency related data from AT&T, the City lacks any authority to deny AT&T the right to construct and to activate any cell site on the basis of theoretical concerns about RFI. C. The Proposed Amendments Are Preempted by Section 253 of the Telecommunications Act of 1996 (47 U.S.C. 4 253) Federal courts in California have recently issued several rulings finding local permitting requirements for WCFs preempted by 47 U.S.C. § 253(a). See, e.g., Sprint Telephony PCS, L.P. v. County of San Diego, 377 F. Supp. 2d 886, 900 (S.D. Cal. 2005), affm'd, 490 F.3d 700 (9th Cir. 2007) (enjoining County's WTO and related zoning requirements as preempted by § 253); NextG Networks of Cal., Inc. v. City of San Francisco, Case No. C05-00658, 2006 U.S. Dist. LEXIS 36101, at *27 (N.D. Cal. June 2, 2006) (enjoining the City's discretionary major encroachment permit ("MEP") process as preempted by § 253); Cox Communs. PCS, L.P. v. City of San Marcos, 204 F. Supp. 2d 1260, 1270 (S.D. Cal. 2002) (enjoining discretionary findings required under the City Zoning Code as preempted by § 253); NextG Networks of Cal., Inc. v. County of Los Angeles, Case No. 07-2425, slip op. at 29 (C.D. Cal. Jan. 20, 2007) (enjoining the County's Zoning Ordinance as preempted by § 253) (slip opinion attached as Ex. 43); GTE Mobilnet Ltd. P'ship v. City and County of San Francisco, Case No. C05-04056, 2007 U.S. Dist. LEXIS 8801, at * 13 (N.D. Cal. Feb. 6, 2007) (holding § 253 preempts the City's discretionary major encroachment permit process). Yet, despite distinctions among the challenged local ordinances,those rulings are uniform in their determination that regulation of the placement of WCFs through onerous and broadly discretionary permitting requirements under the ambit of local zoning authority is preempted by § 253(a) of the TCA. Section 253(a) states: "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service."47 U.S.C. § 253(a). The Ninth Circuit has held that preemption of local regulatory authority by § 253 is "virtually absolute" and, therefore, that municipalities have a very limited and proscribed role in such regulation. Qwest Communs. Corp. v. City of Berkeley, 433 F.3d 1253, 1256 (9th Cir. 2006) (quoting City ofAuburn v. Qwest Corp., 260 F.3d 1160, 1175 (9th Cir. 2001), cent. denied, 534 U.S. 1079, 122 S. Ct. 809, 151 L. Ed. 2d 694 (2002)); see also id. at 1259: "[The Ordinance unlawfully] allows the City to deny an excavation permit and thus the use of public rights-of-way if the applicant fails to comply with any other requirement of the ordinance, including [its] onerous provisions...." The WTO cases cited above issued their rulings on grounds of"effective prohibition." See, e.g., County of San Diego I, 377 F. Supp. 2d at 893 ("In determining whether section 253(a)preempts an ordinance, courts must analyze whether the ordinance's requirements in combination have the effect of prohibiting the provision of telecommunications services")(internal quotations omitted). The Ninth Circuit set forth the general rule for"effective prohibition" in City ofAuburn: "Any process for entry that imposes burdensome � Hon. Gil Coerper and Members of City Council September 17,2007 Page 5 requirements on telecommunications companies and vests significant discretion in local government decisionmakers to grant or deny permission to use the PROW may have the effect of prohibiting the provision of telecommunications services in violation of the Act." City ofAuburn, 260 F.3d at 1175- 76. In NextG Networks of Cal. v. County of Los Angeles,the district court preempted the County's zoning requirements as applied to WCFs stating, "[t]he Court has little trouble concluding that this process is so burdensome and Byzantine as to erect a barrier to providing telecommunications services.") Further,the County of San Diego's wireless telecommunications ordinance was preempted, in part, because of the ordinance allowed for the discretionary determination that the "location, size, design and operating characteristics of the proposed use will be compatible with adjacent uses, residents, buildings, or structures, with consideration given to" specified factors, including "any other relevant impact of the proposed use." County of San Diego, 377 F. Supp. 2d at 895. The court noted the considerable discretion that the County exercised in determining "compatibility" and "minimum visual impact," concluding that the "County's wireless regulations have the effect of prohibiting the provision of telecommunications services."Id. When viewed in their entirety,the Proposed Amendments amount to effective prohibition in violation of Section 253. The City's unspecified concern with"visual clutter" does not form a lawful basis for the multiplicity of burdens imposed by the Proposed Amendments and the degree of discretion authorized in the Proposed Amendments. The City Proposed Amendments will run the same course as the local ordinances described in the cases mentioned above if they are not talked through with the industry. Both the City and the industry should take the time to discuss their issues and agree on a lawful course that best meets the needs and concerns of the City's residents and businesses. Sinc b Jy t d C uns for AT&T c: Penelope Culbreth-Graft, City Administrator Scott Hess, Director of Planning Jennifer McGrath, City Attorney Travis K. Hopkins, P.E., Acting Director of Public Works Alan Dorantes, Esq., AT&T Debra Okano, AT&T f 9 7- Council/Agency Meeting Held: Deferred/Continued to: 9�/7-1d 007 O Approved ❑ Conditionally Approved ❑ Denied t C erk' ignatu Council Meeting Date: 9/4/2007 Department ID Number: PL 07-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: CITY COUNCIL SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: SCOTT HESS, Director of Planningq�6 ik TRAVIS HOPKINS, is Works Director- gineering &/ JENNIFER McGRA ity Attorney SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 06-08 (AMENDING CHAPTER 230 OF THE ZONING ORDINANCE) AND ADOPT AMENDMENTS TO MUNICIPAL CODE CHAPTERS 12 AND 17 AS THEY PERTAIN TO WIRELESS COMMUNICATION FACILITIES [statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Submitted for your review is a request to amend Huntington Beach Zoning and Subdivision Ordinance (ZSO) Chapter 230 and several chapters of the Huntington Beach Municipal Code (HBMC) pertaining to Wireless Communication Facilities and work in the public right-of-way. The amendments allow the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way. The amendments to the ZSO establish a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. The amendments to the HBMC encourage co-location where feasible and require all wireless facilities within the public right-of-way to be underground, except for antennae. Funding Source: Not Applicable Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: PL 07-27 1. "Approve Zoning Text Amendment No. 06-08 with findings for approval (ATTACHMENT NO. 1), and adopt Ordinance No. 3779 (ATTACHMENT NO. 2), an Ordinance amending Chapter 230.96 Wireless Communication Facilities of the Huntington Beach Zoning and Subdivision Ordinance." Planning Commission Action on April 10, 2007: THE MOTION MADE BY HORGAN, SECONDED BY FARLEY TO APPROVE ZONING TEXT AMENDMENT NO. 06-08, WITH FINDINGS (ATTACHMENT NO. 1) AND FORWARD TO CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: SCANDURA, HORGAN, SHIER-BURNETT, DWYER, FARLEY, SPEAKER NOES: NONE ABSENT: LIVENGOOD ABSTAIN: NONE MOTION PASSED ADDITIONAL STAFF RECOMMENDATION: 2. "Adopt Ordinance No. 3780 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 12.13 titled Street Work Generally." (ATTACHMENT NO. 2.) 3. "Adopt Ordinance No. 3781 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 12.38 titled Encroachments." (ATTACHMENT NO. 2.) 4. "Adopt Ordinance No. 3782 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 12.48 titled Wireless Digital Communications Radio Networks." (ATTACHMENT NO. 2.) 5. "Adopt Ordinance No. 3783 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 17.64 titled Undergrounding of Utilities." (ATTACHMENT NO. 2.) Alternative Action(s): The City Council may take the following alternative action(s): A. "Deny Zoning Text Amendment No. 06-08." B. "Continue Zoning Text Amendment No. 06-08 and direct staff accordingly." -2- 8/23/2007 3:32 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: PL 07-27 C. "Do not adopt Ordinance No. .17po- for HBMC Chapter 12.13 and direct staff on how to proceed. D. "Do not adopt Ordinance No. 3781 for HBMC Chapter 12.38 and direct staff on how to proceed." E. "Do not adopt Ordinance No. 3782 for HBMC Chapter 12.48 and direct staff on how to proceed." F. "Do not adopt Ordinance No. 3783 for HBMC Chapter 17.64 and direct staff on how to proceed Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide Zoning Text Amendment No. 06-08 represents a request to amend Section 230.96 of the ZSO pertaining to Wireless Communication Facilities. The amendment allows the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way and establishes a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. Amendments to Sections 12.13 and 12.38 of the HBMC remedy several inconsistencies between the proposed ZTA No. 06-08 and the process by which Public Works currently issues encroachment permits. For instance, the City's current encroachment permit process does not distinguish between permanent and temporary encroachments in the public right-of- way. The deletion of Chapter 12.48 is appropriate because Chapter 12.48 was originally added to the code to incorporate the "Metrocom" wireless system that was to be a broadband network with antennae attached to light poles. The City entered into a franchise with Metrocom, which has since gone bankrupt. However, the chapter arguably authorizes cellular franchises, too. Given the absence of the Metrocom system, it seems appropriate that this chapter should now be deleted from the Code. The amendments to Section 17.64.050 regarding locating utility facilities in the public right-of- way is being amended to clearly prohibit installation of new antennae structures such as boxes and cabinets above ground. -3- 8/23/2007 3:32 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: PL 07-27 B. BACKGROUND In August 2006 the City Council adopted a moratorium on the installation of wireless telecommunication facilities in the public right-of—way. This moratorium was extended on September 18, 2006 for a six-month period. On March 5, 2007 the City Council extended the moratorium for one year through March 18, 2008 and adopted interim regulations to allow for the processing of permits not withstanding the moratorium. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On March 27, 2007 a study session was held with the Planning Commission to review and discuss the proposed ZTA. On April 10, 2007, a public hearing was held with.the Planning Commission. The Planning Commission had several changes to the proposed ordinance. Their changes include minor clean-up and clarification of the modification process for existing facilities in an effort to protect the intent of the ordinance. D. STAFF ANALYSIS AND RECOMMENDATION: With the adoption of the moratorium and the interim ordinance by the City Council, the City Attorney's Office was instructed to prepare updates to the ZSO and HBMC that are consistent with current state and federal law. The courts have recognized the right of municipalities to exercise reasonable control over the time, place and manner by which telephone corporations use the public right-of-way to install and operate their facilities. A wireless ordinance that employs a permitting process to regulate the place including location of the equipment and the manner or the appearance and characteristics of the premises in which wireless providers use the right-of-way is authorized by the California Public Utilities Code. The intent of the proposed ordinance is to encourage and facilitate wireless communication facilities where they are invisible to pedestrians, co-located with other facilities or installed underground to reduce visual clutter. The proposed changes include the requirements for a Wireless Permit application and clarification of requirements for wireless facilities in the public right-of-way, and on public and private sites. Through the submittal of a Wireless Permit Application, the applicant must demonstrate that the wireless communication facility is located in the least obtrusive location feasible so as to eliminate any gap in service. Additionally, the applicant must respond to various questions addressing compatibility with surrounding environment, screening or camouflage, massing and location, proportion and potential interference issues. The Wireless Permit application is included in Attachment No. 5. Planning Commission's Recommended Changes from April 10, 2007 meeting Staff agrees with the recommended changes of the Planning Commission as these changes provide clarification regarding modifications to existing facilities and are minor clean-up of the -4- 8/23/2007 3:32 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: PL 07-27 existing ordinance. The proposed substantive changes are illustrated in bold type or strike- out and are as follows: 230.96.C. Any facility, which is subject to a previously approved and a valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. 230.96.F. 13a. Facility Removal. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline,and Public Right of Ways shall be removed within six (6) months of termination of use and the site restored to it natural state. The proposed amendment will further ensure that wireless facilities are located in the least obtrusive location while reducing visual clutter. Staff recommends that City Council approve Zoning Text Amendment No. 06-08 and changes to the Municipal Code because they authorize wireless facilities citywide while locating them where they are invisible to pedestrians, such as underground or co-located with other facilities. Strategic Plan Goal: Goal L-3 Preserve the quality of our neighborhoods, maintain open space, and provide for the preservation of historic neighborhoods. The code amendments will require that the wireless facilities be underground when in the public right-of-way. The Wireless Permit process will require that the applicant demonstrate that the least obtrusive location has been proposed. The intent of the ordinance is to further reduce visual clutter thereby preserving the quality of life. Environmental Status: The proposed ZTA No. 06-08 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Attachment(s): City Clerk's Page NumberDescription 1. Findings of Approval 2. Ordinance No. 3779 Amending Chapter 230.96 of the Huntington Beach Zoning and Subdivision Ordinance Titled Wireless Communication Facilities (ZTA No. 06-08); Ordinance No. 3780 Amending Chapter 12.13 of the Huntington -5- 8/23/2007 3:32 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: PL 07-27 Beach Municipal Code Titled Street Work Generally; Ordinance No.3781 Amending Chapter 12.38 of the Huntington Beach Municipal Code Titled Encroachments; Ordinance No. 3782 Amending Chapter 12.48 Titled Wireless Digital Communications Radio Networks; Ordinance No. 3783 Amending Chapter 17.64 Titled Undergrounding of Utilities. 3. Legislative Draft ZTA No. 06-08 (HBZSO Section 230.96) and HBMC Cha ters 12.13, 12.38, 12.48 and 17.64 4. City Council minutes dated March 05, 2007 5. Planning Commission Staff Report dated April 10, 2007 6. 1 Power Point Presentation -6- 8/23/2007 3:39 PM ATTACHMENT # 1 SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 06-08 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA)pursuant to the City Council Resolution No. 4501, Class 20,which supplements the California Environmental Quality Act. The project is exempt because it involves minor amendments to Huntington Beach Zoning and Subdivision Ordinance, Chapter 230 (Wireless Communication Facilities) and the Huntington Beach Municipal Code Chapter 12 and 17 pertaining to wireless facilities. SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 06-08: 1. Zoning Text Amendment No. 06-08 to amend Chapter 230 Wireless Communication Facilities of the Zoning and Subdivision Ordinance is consistent with the objectives,policies, general land uses and programs specified in the General Plan because the amendment will encourage and facilitate wireless facilities throughout the city while preventing visual clutter thereby furthering the City's development goals. 2. In the case of a general land use provision,the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for,the zoning districts for which it is proposed. The introduction of the Wireless Permit will ensure that wireless facilities will not have adverse impacts citywide nor within the public right-of-way. 3. A community need is demonstrated for the change proposed as directed by the City Council because the amendment will require that when possible wireless facilities are located in the least obtrusive site necessary in order to continue wireless coverage in the area. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by addressing wireless facilities in the public right-of-way, adopting a wireless permit procedure and creating a zoning and subdivision ordinance more reflective of City priorities. (07sr06 ZTA 06-008) ATTACHMENT #2 ORDINANCE NO. 3779 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230.96 OF THE HUNTINGTON BEACH Z ING AND SUBDIVISION ORDINANCE TITLED WIRELESS COMMUNICATIONS FACILITIES The City Council of the City of Huntington Beach does hereby o dain as follows: SECTION 1. Section 230.96 Wireless Communications Fa ' ities of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to re d as follows: 230.96 Wireless Communication Facilities A. P ose. The purpose of this Section is to encourage an facilitate wireless communications throughout the City, while preventing visual clutter by ocating wireless communication facilities outside of residential zones and where they re invisible to pedestrians, and co- located with other facilities. All wireless communi tion facilities shall comply with these regulations with regard to their location, placeme t, construction, modification and design to protect the public safety, general welfare, and ality of life in the City of Huntington Beach. B. Definitions. For the purpose of this section he following definitions for the following terms shall apply: 1. Accessory Structure. Any structur or equipment that is to be located ancillary to an antenna or antennas in the establi ent and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one ervice provider at a single location and mounted to a common supporting stru ure, wall or building. 3. Completely Stealth F cilit . Any stealth facility that has been designed to completely screen all aspects o the facility including appurtenances and equipment from public view. Examples completely stealth facilities may include, but are not limited to architecturally reened roof-mounted antennas, facade mounted antennas treated as architectural ements to blend with the existing building, flagpoles, church steeples, fire towers, and ght standards. 4. Ground ounted Facilit . Any wireless antenna that is affixed to a pole, tower or other freest ding structure that is specifically constructed for the purpose of supporting an ante a. 5. Mi rowave Communication. The transmission or reception of radio communication at fr uencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency s ectrum). NO AR CTION 06-595/9103 1 1`5A K Ordinance No. 3779 6. Pre-existing Wireless Facility. Any wireless communication facility for/datoe i g permit or conditional use permit has been properly issued prior to the efthis ordinance, including permitted facilities that have not yet been consg assuch approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to theexisting building, water tank,tower or structure other than a telecommur. 8. Stealth Facility or Techniques. Any wireless communication facility, Which is designed to blend into the surrounding environment, typically, one that is arcecturally integrated into a building or other concealing structure. See also definition o completely stealth facility. 9. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone li es, non-commercial wireless service antennas, radio antennas, street lighting but not raffic signals, recreational facility lighting, or any other utility which meets the purpose d intent of this definition. 10. Wall Mounted. Any wireless antenna mounted o any vertical or nearly vertical surface of a building or other existing structure thaVis of specifically constructed for the purpose of supporting an antenna(including the ex walls of a building, an existing parapet, the side of a water tank, the face of a churceple, or the side of a freestanding sign) such that the highest point of the antennasure is at an elevation equal to or lower than the highest point of the surface on ich it is mounted. 11. Wireless Communication Facility or facility. An antenna structure and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of signals that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. C. Applicability. 1. All wireless communication facilities which are erected, located, placed, constructed or modified within the Ci/of Huntington Beach shall comply with these regulations provided that: a. All facilities,for which permits were issued prior to the effective date of this section, shall be exept from these regulations and guidelines. b. All facilities for which Building and Safety issued permits prior to the effective date of sect in 230.96 shall be exempt from these regulations and guidelines,unless and until such time as subparagraph(2) of this section applies. C. affacility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wye, 6Xdcation. 2 06-595/9103 � n Ordinance No.3779 2. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.96 (Antennae) for additional requirements: a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including dirt-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Co /unications Commission(FCC). b. Any antenna structure that is two meters (78.74 inches or less in diameter located in commercial or industrial zones and is designed to ransmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to rec ive Multipoint Distribution Service, provided that no part of the antenna structurextends more than five (5) feet above the principle building on the same 1 t. d. Any antenna structure that is designed o receive radio broadcast transmission. e. An antenna structure used b authorized amateur radio stations licensed b the Y Y Y FCC. D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in the City without submission of a WirAess Permit Application that demonstrates that the antenna is located in the least obtrusiv location feasible so as to eliminate any gap in service and also includes the following in ation: 1. Demonstrate existing gaps in overage, and the radius of area from which an antenna may be located to eliminate he gap in coverage. 2. Compatibility with the s ounding environment or that the facilities are architecturally integrated into a struct Ze. 3. Screening or camo aging by existing or proposed topography, vegetation, buildings or other structures,a measured from beyond the boundaries of the site at eye level.(six feet). 4. M/dn d I cation of the proposed facilityare consistent with surrounding structures g st5. Nof a wireless communication facility shall project over property lines. 6. Ie: To eliminate interference, the following provisions shall be required for all wmmunication facilities regardless of size: a issuance of a building permit, the applicant shall the llo 'ntion to the Police Department for review: TMN 3 06-595/9103 TAKEN Ordinance No.3779 i. All transmit and receive frequencies; ii. Effective Radiated Power(ERP); iii. Antenna height above ground, and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent4e City of Huntington Beach or the countywide system from having adequate spd trum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's4acilities immediately upon the expiration of the 24-hour cure period untilhe cause of the interference is eliminated. c. Before activating its facility,the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning'�'process has been met. d. The applicant shall provide to the Planningpepartment a single point of contact (including name and telephone number) its its Engineering and Maintenance Departments to whom all interference pi/oblems may be reported to insure continuity on all interference issues. The contact+'person shall resolve all interference complaints within 24 hours of being notified. e. The applicant shall insure that 1 see or other user(s) shall comply with the terms and conditions of this permit, and Ball be responsible for the failure of any lessee or other users under the control of th„ applicant to comply. E. Additional Permit Required. 1. Administrative approval/ y the Director may be granted for proposed wireless communication faciliti�'s (including but not limited to ground mounted, co-located, wall, roof, or utility mount�d)that are: a. Co-located wapproved facilities at existing g comply heights or that 1Y with the base p district hei t limit for modified facilities, and compatible with surrounding buildings and land ses by incorporating stealth techniques; or b. Comp etely stealth facilities that comply with the base district height limit; or C. F c"ilities in non-residential districts that are in compliance with the maximum building height permitted within the zoning district; and ACTMN 4 TAKF—H 06-595/9103 Ordinance No.3779 }. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or ii. Substantially integrated with the architecture of the existing building or struc re to which it is to be mounted; or iii. Designed to be architecturally compatible with surrounding buildings land uses by incorporating stealth techniques. 2. Following submission of a Wireless Permit Application, a Conditional Us ermit approval by the Zoning Administrator shall be required for all proposed. fireless communication facilities (including but not limited to ground mounted,/co-located, wall, roof or utility mounted)that are: a. Exceeding the maximum building height permitted within th. zoning district; or b. Visible from beyond the boundaries of the site at eye level ( )six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible ith surrounding buildings and land uses. e. As a condition of the Conditional Use Pe it, the Zoning Administrator shall minimize significant adverse impacts to ublic visual resources by incorporating one or more of the following into project d sign and construction: i. Stealth installations; ii. Co-location and locating facilities within existing building envelopes; iii. Minimizing visual prominence through colorization or g landscap in ; iv. Removal or replace. ent of facilities that become obsolete. 3. Design review shall be quired for any wireless communication facilities located in redevelopment areas, n public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or thin 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with subsection 1. F. Facilitv Standard`s: The following standards apply to all wireless communication facilities: 1. Aestheti s: a. F cilit All screening used in conjunction with a wall or roof mounted facility shall e compatible with the architecture of the building or other structure to which it is mounted, including color,texture and materials. All ground mounted facilities shall 5 06-595/9103 Ordinance No.3779 be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a/ manner that complies with the development standards of the zoning district in?which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. I/chain link is used,then it must be vinyl coated and not include barbed wire. c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in corpliance with standards contained in applicable state or local building codes and the,applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions odthe property title. 4. Federal Requirements: All Wireless Communi ation Facilities must meet or exceed current standards and regulations of the FCC,�and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Lighting: All outside lighting shall be directed to prevent"spillage" onto adjacent y pJ properties,unless required by the FAA�or other applicable authority, and shall be shown on the site plan and elevations. 7 6. Maintenance: All facilities and appurtenant equipment including landscaping shall be maintained to remain consiste t with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 7. Monitoring: For all wire�Iess communication facilities, the applicant shall provide a copy of the lease agreement/between the property owner and the applicant prior to the issuance of a building permit. 8. Signs: The facility shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. 9. Facilities o/iPublic Property: An wireless communication facility to be laced over, Y Y p within, oV or beneath City property shall obtain a lease or franchise from the City prior to apply ng for a Wireless Permit and an administrative or conditional use permit. 10. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic,the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of 6 06-595/91103 f Ordinance No. 3779 complete landscape and architectural plans for review and approval by the Directors o Public Works and Planning may be required. 11. Utility Agreement: If the proposed facility will require electrical power or any of,er utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City bf Huntington Beach and the applicant to place those lines in the public right-of."way, or a written statement from the utility company that will be supplying the power/or other services,that they accept all responsibility for those lines in the public right-of-way. 12. Facilities in the Public Right-of-WaX. Any wireless communication facility to be placed over, within, on or beneath the public right-of-way shall comply witdthe following standards: a. Any wireless communication facilities to be constructed on or beneath the public right-of-way must obtain an encroachment permit from the City and the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. b. All equipment associated with the operation of a facility, including but not limited to cabinets,transmission cables but excepting antennas, shall be placed underground in those portions of the street, sidewalks and publ c rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. c. The City Engineer shall approve the location and method of construction of all facilities located within public rights,;of--way and the installation of facilities within the public rights-of-way must comply with Title 12 of the Huntington Beach Municipal Code, as the same mayf�be amended from time to time. d. All wireless communication faZlities shall be subject to applicable City permit and LU J pp e Y inspection fees, including, but not limited to,those pertaining to encroachment permits, administrative or conditional use permits, and all applicable fees. e. Any wireless communiZation facility installed, used or maintained within the public rights-of-way shall be/removed or relocated when made necessary by any"project." For purposes of this section,project shall mean any lawful change of grade, alignment or widt+ of any public right-of-way, including but not limited to,the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. £ If the facility is attached to a utility pole, Y ole,the facility shall be removed, at no cost to the City, if the utility pole is removed pursuant to an undergrounding project. g. The'service provider shall enter into a franchise agreement with the City. As of March 17, 2007, the California Supreme Court, in the case entitled Spring Telephony ECS v. County of San Diego, will determine whether California Public Utilities Code § 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of 7 06-595/9103 Ordinance No.3779 installation of wireless communications facilities. Pending resolution of this legal,=' question, any applicant seeking to use the public right-of-way must enter into a(amity franchise to install wireless communications facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes4hat the provider has a state-wide franchise to install a wireless communications facility in the public right-of-way. 13. Facility Removal. A a. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways shall be removed in its entirety within six (6)months of termination of use and the site restored to its natural state. b. Cessation of Operation: Within thirty(30) calendar days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: 1. The City has determined that the operator las resumed operation of the wireless communication facility within six (6)m i the of the notice; or 2. The City has received written notification of a transfer of wireless communication operators. c. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is'located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. d. Removal va •f Ayand•nc4cilrty: The operator of the facility and the owner(s) of the property on which 1 is located, shall within thirty (30) calendar days after notice of abandonment is g�i�en either(1) remove the facility in its entirety and restore the premises, or(2rovide the Planning Department with written objection to the City's determination�of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed aba�n� oned, and provide the operator notice of its determination. e. Rdmoval b Cit : At an time after thirty-one 31 calendar days following the v Y YO y g notice of abandonment, or immediately following a notice of determination by the ;Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable 8 06-595/9103 Ordinance No. 3779 codes. The City may, but shall not be required to, store the removed facility ( any part thereof). The owner of the premises upon which the abandoned facility vas located, and all prior operators of the facility, shall be jointly liable for the7ntire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. SECTION 2. This ordinance shall become effective 30 days after_zs adoption. PASSED AND ADOPTED by the City Council of the City of 141tington Beach at a regular meeting thereof held on the day of , 2007. Nor' Mayor ATTEST: APPROVED AS TO FORM: A .N City Clerk ' �City*�orn-ey REVIEW AND AP ROVED: /INITIAT AN APPROVED: City A inistrator manning Director NO T AKEN fr :r 9 06-595/9103 ORDINANCE NO. 3780 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH % AMENDING CHAPTER 12.13 OF THE HUNTINGTON BEACH MUNIC AL CODE RELATING TO STREET WORK GENERALLY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.13 of the Huntington Beach Municip'1 Code is hereby amended to read as follows: Chapter 12.13 , STREET WORK GENERA �Y Sections: 12.13.005 Purpose 12.13.010 Definitions 12.13.020 Erecting utility structures/strictions 12.13.030 Emergency situations 12.13.035 Underground Facilities 12.13.040 Obstructing or constructi —Permit required 12.13.050 Duration and validity 12.13.060 Penalty for exceeding tim12.13.070 Permit--Fees 12.13.080 Required information fop permt 12.13.090 Construction work--Pe'mit denial—Appeal in general 12.13.100 Orders, regulations, and rules of City Departments 12.13.110 Construction work Licensed contractor required 12.13.120 Street excavatio moratorium—no permit shall be issued 12.13.130 Underground s rvice alert 12.13.140 Stop work or er, permit modification, and permit revocation 12.13.150 Restoratio 12.13.160 Repair b the Department 12.13.170 Emerg cy remediation by the Department 12.13.180 Susp sion of applications and permits 12.13.190 Ide tiflcation of visible facilities NO ACTION 12.13.200 City repaving plan 12.13.210�oordination with City 12.13.246 Emergency Excavation TAKEN 12.13.221 Blanket Permits 12.13,:222 Construction Status Report 12.13.230 Conditions of Use of Public Right-of-Way 12.13.240 Excavations 06-595/13597 1 Ordinance No. 3780 12.13.005 Purpose. The public rights-of-way are unique public resources held in trust by the City for the benefit of the public. Pursuant to the City Charter and applicable stat and federal law, the City is empowered to control access to and use of its public rights f- way, and unless pre-empted by state or federal law,to obtain reasonable and fair i compensation for the use of its public rights-of-way. The purpose and intent of this° Chapter is to provide a uniform and comprehensive set of standards and regulations for use of the public right-of-way. These regulations are intended to protect the pudic health, safety and welfare that permit the installation of utilities and commu*ation facilities in the public right-of-way in such a manner and at such points so a�not to incommode the public use of the public's right-of way. f'6 12.13.010 Definitions. 1� (a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate. (b) "City" shall mean the City of Huntington Beach. (c) "Department" shall mean the Department of Pub 'c Works. (d) "Director" shall mean the Director of the De rtment of Public Works or his/her designee, and shall include the term"Superintendent of Streets." (e) "Excavation" shall mean any openin/ithe surface or subsurface of the public right-of- way. (f) "Facility" or "facilities" shall me y and all cables,wires, cabinets, ducts, conduits, converters, equipment, drains, dholds, manholes,pipes,pipelines, splice boxes, surface location markers, to ls, utilities, vaults, and other appurtenances or tangible things owned, leased, oper d, or licensed by an owner or person,that are located or are proposed to be located in e public right-of-way. (g) "Franchise" granted b,�the City of Huntington Beach or the state of California is a contract granting sp dial privileges to use the public right-of-way. It is not intended that this chapter of the unicipal Code impose additional rules or regulations which are inconsistent wit the rights or obligations under the franchise or confer authority to the City that con 'cts with the State's Public Utilities Code or the jurisdiction of the California Public Utili 'es Commission. (h) /"Owns defined as that person who is responsible for the project. (i) r "permit to excavate" shall mean an encroachment permit to perform a project en approved or may be amended or renewed by the Department. "Permittee" shall mean the applicant to whom a permit has been granted by the il Department in accordance with this chapter. HO ACTION 06-595/13597 2 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a — CITY OF resident of the County aforesaid, I am over HUNTINGTON BEACH LEGAL NOTICE the age of eighteen years and not a party ORDINANCE NO 3780 to or interested in the below entitled matter Adopted byAeCdyCmal 1 am a principal clerk of the HUNTINGTON ANeORDINAANNCE OFT HE BEACH INDEPENDENT, a newspaper of BIEACHF AMETNDING CHAPTER 1213 OF THE general circulation printed and published in I HUNTINGTON BEACH the City of Huntington Beach, County of RELATtINGIPAL TOCSDTREET Orange, State of California and the SYNORK GENERALLY THE AMENDMENT TO attached Notice is a true and complete copy SECTION 1213 OF THE HBMC REMEDIES INCON as was printed and published on the SISTENCIES BETWEEN THE following date(s) PROCEOSS6 BYAND WH CH PUBLIC WORKS CUR RENTLY ISSUES EN CROACHMENTS PER MITS IT ALSO ADDRESSES THE UTILITY COMPANIES THAT HAVE F R A N C H I S E AGREEMENTS WITH THE CITY OCTOBER 1 1 , 2 O O 7 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 1 2007 by the following rqll call vote AYES Bohr Carchio Cook Coerper Green Hansen Hardy NOES None ABSTAIN None ABSENT None THE FULL TEXT OF THE ORDINANCE IS AVAIL I declare under penalty of perjury, that the ABLE IN THE CITY CLERK S OFFICE foregoing is true and correct This ordinance is effec trve 30 days after adoption CITY OF HUNTINGTON 1 BEACH 2O00 MAIN Executed on OCTOBER 11 t 2 O O 7 STREET HUNTINGTON BEACH CA 92648 71414 at Huntington Beacn, California FLY 5227 JOAN L FLYNN CITY CLERIC Published Huntington Beach Independent Octo I ber 11 2007_102 S03 I Signature Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case AD0479 PROOF OF PUPLICArTION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a — CITY OF resident of the County aforesaid, I am over HUNTINGTON BEACH the age of eighteen years and not a party LEGAL NOTICE to or interested to the below entitled matter Opted by teCiE NO 3181 Adopted by the City Council I am a principal clerk of the HUNTINGTON on OCTOBER I 2007 AN ,F OF THE BEACH INDEPENDENT, a newspaper of t,l Y O01 HUNT NGION BEACH AMENDING general circulation printed and published in CHAPTER 1238 OF TITF HUNTINGTON BEALH the City of Huntington Beach County of MUNKIPALCODE RELATING TO Orange, State of California, and the ENCROACHMFNIS attached Notice Is a true and complete copy SYN THE OPSIS AMENDMENT TO SECTION 1238 OF 1 HF as was printed and published on the I HBMC REMEDIES INCON following date(s) ( Z ATNOCIES 06 086ETWEEN AND 1 HF PROCESS BY WHICH PUBLIC WORKS CUR RENTLY ISSUES FN LROACHMENIS PER M I T S IT ALSO ADDRESSES THE UTILITY COMPANIES THAT HAVE F R A N C H 1 S E AGREEMENTS WITH THE CITY OCTOBER 1 1 , 2 0 0 7 PASSED AND ADOPTED by the Lity Council of the City of Huntington Beach at a regullr rneeteng held October 1 2007 by the I following roll L.ill vote AYES Bohr Carchio Look Coerper Creen Hansen Hardy NOES None ABSTAIN None ABSENT None THE FULL TEXT OF THE I declare, under penalty of perjury that the ABLE ORDINANCE TIS HE AVAIL ITY foregoing Is true and correct CLERK SOFFICE g g This ordinance is effec I five 30 days after adoption 4 CITY OF HUNTINGTON BEACH 2OQO MAIN Executed on OCTOBER 1 1 , 2 0 0 7 STREET CAHUNTINGTON6 536 at Huntington Beach California FLYNNS CITY CLERK JOAN ` Published Huntington Beach Independent Octo l ber 11 200 102 904 Signature Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) CITY OF I am the Citizen of the United States and a - HUNTINGTON BEACH resident of the County aforesaid, I am over LEGAL NOTICE the age of eighteen years, and not a party ORDINANCE NO 3782 r Adopted by the City Council to or interested in the below entitled matter on OCTOBER 1,2007 I am a principal clerk of the HUNTINGTON ORDINANCE CITTY OF HUNTININ THEGTON BEACH INDEPENDENT, a newspaper of CBEACH AMENNG HAPTER 1248 OF I HE general circulation printed and r�ubllshed In HUN UNGTON BEACH M MUNICIPAL CODE the City of Huntington Beach, County of RDEI GINTTA WIRELESS Orange, State of California, and the COMMUNICATIONS RADIO NETWORKS attached Notice is a true and complete co SYNOPSIS p copy THE DELETION OF as was printed and published on the CHAPTER 1248 B Is AP p p PROPRIATE BECAUSE following date(s) I CHAPTER 12 48 WAS I hORIGINALLY ADDED TO THE CODE TO INCORPO RATE THE METROCOM WIRELESS SYSTEM (THAT WAS TO BE A `BROADBAND NETWORK WITH ANTENNAE AT �TACHED TO LIGHT POLES THE CITY EN TIERED INTO'A FRAN OCTOBER 1 1 , 2007 CHISE WITH MET," ROCOM WHICH HAS SINCE GONE BACKRUPT GIVEN THE ABSENCE OF THE METROCOM SYS TEM IT IS APPROPRIATE THAT THIS CHAPTER SHOULD NOW BE DE ,LETED FROM THE CODE PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular 1 declare under penalty of perjury, that the 2007inbyheld the0ct fo/owi g roll call vote foregoing is true and correct AYES Bohr Carchio Kook Coerper Green Hansen Hardy NOES None ABSTAIN None Executed on OCTOBER 1 1 , 2 0 0 7 THEENT FULLNone TEXT OFJHE IS at Huntington Beach, California ABLE INCETHE AVAIL THE CLERK S OFFICE This ordinance is effec { tive 30 days after adoption (CITY OF HUNTINGTONI I BEACH 2O00 MAIN{ / ® STREET HUNTINGTON Signature �5 6C 522792648/01 1 L{ FLYNN CITY CLERK Published Huntington Beach Independent Oc tober 11 2007, 102 905 l Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a - CITY HUNTINGTONN BEACH resident of the County aforesaid, I am over LEGAL NOTICE the age of eighteen years, and not a party ORDINANCE NO 3783 to or interested in the below entitled matter AdoptedTOBER1y the ,2007 ll on OCTOBER 1,2001 1 am a principal clerk of the HUNTINGTON AN _OF BEACH INDEPENDENT a newspaper of THE CITYORDINANCE F OF HUNTING general circulation, printed and published in T o N B E A c H AMENDING CHAPTER 17 64 OF THE HUN the City of Huntington Beach County of TINGTON BEACH MU NICIPAL CODE RELAT Orange State of California and the 1 N G T O attached Notice is a true and complete copy UNDERGROUNDING OF UTILITIES as was printed and published on the SYNOPSIS THE AMENDMENTS TO following date(s) ISECTION 176ARDING LOCA LOCA RE TING UTILITY FACILITIES IN THE PUBLIC RIGHT OF WAY IS BEING AMENDED ITO CLEARLY PROHIBIT INSTALLATION OF NEWT A N T E N N A E STRUCTURES SUCH ASI BOXES AND CABINETS( ABOVEGROUND PASSED AND ADOPTED OCTOBER 1 1 , 2 0 0 7 by the City Council of) the City of Huntington) Beach at a regular meeting held October 1 2007 by the following) i roll call vote (AYES Bohr Carchw Gook Coerper Green (Hansen Hardy (NOES None ABSTAIN None ABSENT None THE FULL TEXT OF THE i declare, under penalty of penury that the ORDIAIL IABLEN INCE THE IS ACITY CLEOFFICE foregoing is true and correct This or inance g g This ordinance is effec tive 30 days after adoption �CITY OF HUNTINGTON BEACH 2O00 MAIN TON Executed on OCTOBER 1 1 2 0 0 7 STREET 92648 714- � BEACH CA 92648 714- at Huntington Beach, California FLYNN CITY CLERK ` Published Huntington Beach Independent Oc ltoberll 2007 102 906 Signature City of Huntington Beach ' 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION September 21, 2007 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 06-08 AMENDING CHAPTER 230 OF THE ZONING ORDINANCE PERTAINING TO WIRELESS COMMUNICATION FACILITIES APPLICANT: City of Huntington Beach Planning Department 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide DATE OF ACTION: September 17, 2007 On Monday, September 17, 2007 the City Council of the City of Huntington Beach took action on your application and approved Zoning Text Amendment No. 06-08 with Findings for Approval, and approved for introduction Ordinance No. 3779 amending Chapter 230.96 Wireless Communication Facilities of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the City Council also approved for introduction Ordinance No's. 3780, 3781, 3782 and 3783 amending the Huntington Beach Municipal Code Chapters 12.13, 12.38, 12.48 and 17.64, and scheduled to be adopted on October 1, 2007. Sincerely, 4X40 Joan L. Flynn, CIVIC City Clerk JM:pe Attachment Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) FINDINGS ZONING TEXT AMENDMENT NO. 06-08 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)pursuant to the City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves minor amendments to Huntington Beach Zoning and Subdivision Ordinance, Chapter 230 (Wireless Communication Facilities) and the Huntington Beach Municipal Code Chapter 12 and 17 pertaining to wireless facilities. FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 06-08: 1. Zoning Text Amendment No. 06-08 to amend Chapter 230 Wireless Communication Facilities of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan because the amendment will encourage and facilitate wireless facilities throughout the city while preventing visual clutter thereby furthering the City's development goals. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for,the zoning districts for which it is proposed. The introduction of the Wireless Permit will ensure that wireless facilities will not have adverse impacts citywide nor within the public right-of-way. 3. A community need is demonstrated for the change proposed as directed by the City Council because the amendment will require that when possible wireless facilities are located in the least obtrusive site necessary in order to continue wireless coverage in the area. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by addressing wireless facilities in the public right-of-way, adopting a wireless permit procedure and creating a zoning and subdivision ordinance more reflective of City priorities. (07sr06 ZTA 06-008) ems? /r &Uti-x p✓L=) A)772D-bag-/7DK Council/Agency Meeting Held: 9//:;z,ZLX� Deferred/Continued to' / n f/ �2o *Approved ❑ Conditionally Approved ❑ Denied erR/es�&-P City rk's gnatur Council Meeting Date: 9/17/07 Department ID Number: PL 07-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: CITY COUNCIL SUBMITTED BY: PEN ELOP��Tk-G FT, CITY ADMINISTRATOR rR PREPARED BY: SCOTT HESS, Director of Plannin4 " TRAVIS K. HOPKINS, P.E., Acting Dir or of "licr s JENNIFER McGRATity Attorney SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 06-08 (AMENDING CHAPTER 230 OF THE ZONING ORDINANCE) AND ADOPT AMENDMENTS TO MUNICIPAL CODE CHAPTERS 12 AND 17 AS THEY PERTAIN TO WIRELESS COMMUNICATION FACILITIES Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Submitted for your review is a request to amend Huntington Beach Zoning and Subdivision Ordinance (ZSO) Chapter 230 and several chapters of the Huntington Beach Municipal Code (HBMC) pertaining to Wireless Communication Facilities and work in the public right-of-way. The amendments allow the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way. The amendments to the ZSO establish a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. The amendments to the HBMC encourage co-location where feasible and require all wireless facilities within the public right-of-way to be underground, except for antennae. Funding Source: Not Applicable Recommended Action: REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PL 07-27 PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: 1. "Approve Zoning Text Amendment No. 06-08 with findings for approval (ATTACHMENT NO. 1), and adopt Ordinance No. 3779 (ATTACHMENT NO. 2), an Ordinance amending Chapter 230.96 Wireless Communication Facilities of the Huntington Beach Zoning and Subdivision Ordinance." Planning Commission Action on April 10, 2007: THE MOTION MADE BY HORGAN, SECONDED BY FARLEY TO APPROVE ZONING TEXT AMENDMENT NO. 06-08, WITH FINDINGS (ATTACHMENT NO. 1) AND FORWARD TO CITY COUNCIL CARRIED BY THE FOLLOWING VOTE: AYES: SCANDURA, HORGAN, SHIER-BURNETT, DWYER, FARLEY, SPEAKER NOES: NONE ABSENT: LIVENGOOD ABSTAIN: NONE MOTION PASSED ADDITIONAL STAFF RECOMMENDATION: 2. "Adopt Ordinance No. 3780 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 12.13 titled Street Work Generally." (ATTACHMENT NO. 2.) 3. "Adopt Ordinance No. 3781 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 12.38 titled Encroachments." (ATTACHMENT NO. 2.) 4. "Adopt Ordinance No. 3782 , an ordinance of the City of Huntington Beach deleting Huntington Beach Municipal Code Chapter 12.48 titled Wireless Digital Communications Radio Networks." (ATTACHMENT NO. 2.) 5. "Adopt Ordinance No. 3783 , an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 17.64 titled Undergrounding of Utilities." (ATTACHMENT NO. 2.) Alternative Action(s): The City Council may take the following alternative action(s): A. "Deny Zoning Text Amendment No. 06-08." -2- 9/12/2007 4:56 PM • • 01 ATTACHMENT #2 ORDINANCE NO. 3779 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230.96 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TITLED WIRELESS COMMUNICATIONS FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.96 Wireless Communications Facilities of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.96 Wireless Communication Facilities A. Pose. The purpose of this Section is to encourage and facilitate wireless communications throughout the City, while preventing visual clutter by locating wireless communication facilities outside of residential zones and where they are invisible to pedestrians, and co- located with other facilities. All wireless communication facilities shall comply with these regulations with regard to their location, placement, construction, modification and design to protect the public safety, general welfare, and quality of life in the City of Huntington Beach. B. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, facade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted Facility. Any wireless antenna that is affixed to a pole, tower or other freestanding_structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). 1 06-595/9103 Ordinance No.3779 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. 9. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas, radio antennas, street lighting but not traffic signals, recreational facility lighting, or any other utility which meets the purpose and intent of this definition. 10. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 11. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of signals that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. C. Applicability. 1. All wireless communication facilities which are erected, located, placed, constructed or modified within the City of Huntington Beach shall comply with these regulations provided that: a. All facilities, for which permits were issued prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. 2 06-595/9103 Ordinance No. 3779 2. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.96 (Antennae) for additional requirements: a. Any antenna structure that is one meter(39.37 inches)or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five(5) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in the City without submission of a Wireless Permit Application that demonstrates that the antenna is located in the least obtrusive location feasible so as to eliminate any gap in service and also includes the following information: l. Demonstrate existing gaps in coverage, and the radius of area from which an antenna may be located to eliminate the gap in coverage. 2. Compatibility with the surrounding environment or that the facilities are architecturally integrated into a structure. 3. Screening or camouflaging by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 4. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 5. No portion of a wireless communication facility shall project over property lines. 6. Interference: To eliminate interference, the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant shall submit the following information to the Police Department for review: 3 06-595/9103 Ordinance No. 3779 i. All transmit and receive frequencies; ii. Effective Radiated Power(ERP); iii. Antenna height above ground, and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriffs Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the"frequency planning" process has been met. d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. E. Additional Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located with approved facilities at existing heights or that comply with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities that comply with the base district height limit; or c. Facilities in non-residential districts that are in compliance with the maximum building height permitted within the zoning district; and 4 06-595/9103 Ordinance No.3779 i. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or ii. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or Ili. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Following submission of a Wireless Permit Application, a Conditional Use Permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities(including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses. e. As a condition of the Conditional Use Permit, the Zoning Administrator shall minimize significant adverse impacts to public visual resources by incorporating one or more of the following into project design and construction: i. Stealth installations; ii. Co-location and locating facilities within existing building envelopes; Ili. Minimizing visual prominence through colorization or landscaping; iv. Removal or replacement of facilities that become obsolete. 3. Design review shall be required for any wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with subsection 1. F. Facility Standards: The following standards apply to all wireless communication facilities: 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall 5 06-595/9103 Ordinance No.3779 be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Lighting: All outside lighting shall be directed to prevent"spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 6. Maintenance: All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 7. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the base agreement between the property owner and the applicant prior to the issuance of a building permit. 8. Signs: The facility shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. 9. Facilities on Public Property: Any wireless communication facility to be placed over, within, on, or beneath City property shall obtain a lease or franchise from the City prior to applying for a Wireless Permit and an administrative or conditional use permit. 10. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of 6 06-595/9103 Ordinance No. 3779 complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. 11. Utility Agreement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way;or a written statement from the utility company that will be supplying the power onother services, that they accept all responsibility for those lines in the public right-of-way. 12. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, within, on or beneath the public right-of-way shall comply with the following standards: a. Any wireless communication facilities to be constructed on or beneath the public right-of-way must obtain an encroachment permit from the City and the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. b. All equipment associated with the operation of a facility, including but not limited to cabinets, transmission cables but excepting antennas, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. c. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way and the installation of facilities within the public rights-of-way must comply with Title 12 of the Huntington Beach Municipal Code, as the same may be amended from time to time. d. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits, administrative or conditional use permits, and all applicable fees. e. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. f. If the facility is attached to a utility pole, the facility shall be removed, at no cost to the City, if the utility pole is removed pursuant to an undergrounding project. g. The service provider shall enter into a franchise agreement with the City. As of March 17, 2007, the California Supreme Court, in the case entitled Spring Telephony PCS v. County of San Diego, will determine whether California Public Utilities Code § 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of 7 06-595/9103 Ordinance No.3779 installation of wireless communications facilities. Pending resolution of this legal question, any applicant seeking to use the public right-of-way must enter into a City franchise to install wireless communications facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communications facility in the public right-of-way. - 13. Facility Removal. a. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways shall be removed in its entirety within six (6) months of termination of use and the site restored to its natural state. b. Cessation of Operation: Within thirty(30) calendar days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: 1. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or 2. The City has received written notification of a transfer of wireless communication operators. c. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. d. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) calendar days after notice of abandonment is given either(1) remove the facility in its entirety and restore the premises, or(2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. e. Removal by CitK. At any time after thirty-one (31) calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable 8 06-595/9103 Ordinance No.3779 codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. " SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October , 2007. A112 4mgof 05am� Mayo ATTEST: APPROVED AS TO FORM: jj • f n City Clerk V City Attorney �•12 VN� j/! 7 REVIEWED AND APPROVED: INITIAT A D ROVED: City Administrator 'Manning Director 9 06-595/9103 Ord. No. 3779 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of September,2007, and was again read to said City Council at a regular meeting thereof held on the 1st day of October,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green,Hardy NOES: Hansen ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on OctoberAl,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cit lerk and ex-officio Wk Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3780 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.13 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO STREET WORK GENERALLY The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.13 of the Huntington Beach Municipal Code is hereby amended to read as follows: Chapter 12.13 STREET WORK GENERALLY (3582-11/02) Sections: 12.13.005 Purpose 12.13.010 Definitions 12.13.020 Erecting utility structures--Authority 12.13.030 Emergency situations 12.13.035 Underground Facilities 12.13.040 Obstructing or construction within public way—Permit required 12.13.050 Duration and validity 12.13.060 Penalty for exceeding time restrictions 12.13.070 Pen-nit--Fees 12.13.080 Required information for permit 12.13.090 Permit Denial 12.13.091 Construction work--Permit denial—Appeal in general 12.13.100 Orders, regulations, and rules of City Departments 12.13.110 Construction work—Licensed contractor required 12.13.120 Street excavation moratorium—no permit shall be issued 12.13.130 Underground service alert 12.13.140 Stop work order, permit modification, and permit revocation 12.13.150 Restoration 12.13.160 Repair by the Department 12.13.170 Emergency remediation by the Department 12.13.180 Suspension of applications and permits 12.13.190 Identification of visible facilities 12.13.200 City repaving plan 12.13.210 Coordination with City 12.13.220 Blanket Permits 12.13.230 Construction Status Report 12.13.240 Conditions of Use of Public Right-of-Way 12.13.250 Excavations 06-595/13597 1 Ordinance No.3780 12.13.005 Pu ose. The public rights-of-way are unique public resources held in trust by the City for the benefit of the public. Pursuant to the City Charter and applicable state and federal law,the City is empowered to control access to and use of its public rights-of- way, and unless pre-empted by state or federal law,to obtain reasonable and fair compensation for the use of its public rights-of-way. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards and regulations for use of the public right-of-way. These regulations are intended to protect the public health, safety and welfare that permit the installation of utilities and communication facilities in the public right-of-way in such a manner and at such points so as not to incommode the public use of the public's right-of way. 12.13.010 Definitions. (a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate. (3582-11/02) (b) "City" shall mean the City of Huntington Beach. (3582-11/02) (c) "Department" shall mean the Department of Public Works. (3582-11/02) (d) "Director" shall mean the Director of the Department of Public Works or his/her designee, and shall include the term "Superintendent of Streets." (3582-11/02) (e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of- way. (3582-11/02) (f) "Facility" or "facilities" shall mean any and all cables,wires, cabinets, ducts, conduits, converters, equipment, drains,handholds,manholes, pipes, pipelines, splice boxes, surface location.markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right-of-way. (3582-11/02) (g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract granting special privileges to use the public right-of-way. It is not intended that this chapter of the Municipal Code impose additional rules or regulations which are inconsistent with the rights or obligations under the franchise or confer authority to the City that conflicts with the State's Public Utilities Code or the jurisdiction of the California Public Utilities Commission. (3582-11/02) (h) "Owner" is defined as that person who is responsible for the project. (3582-11/02) (i) "Permit" or "permit to excavate" shall mean an encroachment permit to perform a project as it has been approved or may be amended or renewed by the Department. (3582-11/02) 0) "Pennittee" shall mean the applicant to whom a permit has been granted by the Department in accordance with this chapter. (3582-11/02) 06-595/13597 2 Ordinance No. 3780 (k) "Person" shall mean any natural person, owner, corporation,partnership,public utility franchise,or any governmental agency, including any agency other than the City of Huntington Beach, Department, the state of California, or United States of America. (3582-11102) (1) "Project" for purposes of this chapter shall mean any activity permitted under this chapter, including but not limited to excavation, construction, demolition, obstruction of right-of-way, repair and building. (3582-11/02) (m) "Public right-of-way" shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys,boulevards, courts, lanes,places, roads, sidewalks, streets, ways and City owned properties within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works. (3582-11/02) 12.13.020 Erecting utility structures--Authority. It is unlawful for any person, without a City franchise and/or City encroachment permit, or other authority from the Director,to erect any telegraph, telephone, electric light or,transmission poles, or facilities on or in any walk, street, alley or public place in this City, or to stretch any wires or cables along or across said streets; or to lay any gas, oil or water pipes, or other pipelines along or across any streets in the City. (3582- 11/02) As of March 17, 2007, the California Supreme Court, in the case entitled Sprint Technology PCS v. County of San Diego, will determine whether California Public Utilities Code Section 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of installation of wireless communication facilities. Pending resolution of this legal question, any applicant seeking to use the public right-of-way must enter into a City franchise to install wireless communication facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communication facility in the public right-of-way. 12.13.030 Emergency situations. Nothing contained in this chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property when such necessity arises during days or times when the Department is closed. In the event that any person undertakes any project, as defined herein, in the public right- of-way made necessary by an immediate threat to health, safety, life or property,such person shall apply for an emergency;permit within four hours after the Department's offices are first opened. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action and describe the work performed. (3582- 11/02) 12.13.035 Underground Facilities. All facilities constructed within the public right-of-way shall be undergrounded except for antennae and those exempt from undergrounding pursuant to section 17.64.050. 06-595/13597 3 Ordinance No. 3780 12.13.040 Obstructing or construction within public way--Pennit required. It is unlawful for any person to construct, repair, use, or obstruct any street, alley, sidewalk or public property within this City by placing thereon or therein any utility, building, stand, counter, fence, lunch wagon, storage container,bandstand, structure,building material or tools, gravel, dirt, excavation or obstruction of any kind whatsoever or performing any demolition, without a permit having first been issued therefor as hereinafter provided. (3582-11/02) 12.13.050 Duration and validity. (a) Permits shall be void if the project, including restoration, has not been completed within sixty; provided, however, that the Director, in his or her discretion for good cause shown,may issue one thirty-day extension to the start date and one thirty- day extension to the duration of a permit upon written request from the permittee and payment of any applicable fees. The Director may issue additional extensions as may be deemed appropriate in his or her discretion. (3582-11/02) (b) Permits are not transferable without proof of current business license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing service under the permit and evidence of insurance as specified by Resolution of the City Council, and the written consent of the permittee and the Director. 12.13.060 Penalty for exceeding time restrictions. A penalty shall be imposed upon any person who does not complete work requiring road or lane closures within the established time frame. The penalty shall be in an amount set by resolution of the City Council and shall be based upon estimated costs to the traveling public due to delays and additional travel distance around roadway closures. (3582-11102) 12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan check, inspection and permit fees, set by resolution of the City Council. The State of California and the County of Orange, including entities such as special districts organized under state law, are fee exempt. At the discretion of the Director, and upon proven City history of prompt payment and company fiscal integrity, the Director may request and make arrangements for alternative methods of collecting payment such as monthly billings. (3582-11/02) 12.13.080 Required information for permit. Before any project mentioned in this chapter may be commenced, the person doing such work must provide the following information: (3582-11/02) (a) Applications for permits shall be submitted in the format and manner specified by the Director and shall contain: (3582-11/02) 1. The name, address, telephone, and facsimile number of the applicant. Where an applicant is not the owner of the facility to be installed or maintained in the public right-of-way, the application also shall include the name, address, telephone, and facsimile number of the owner. If the application is submitted 06-595/13597 4 Ordinance No. 3780 by an authorized agent of the Applicant or Owner, written authorization from the Applicant or Owner of facility shall be provided. (3582-11/02) 2. A description of the location,purpose or use,method of construction, and surface and subsurface area of any proposed project. (3582-1 vo2) 3. Engineering plans, specifications and a network map of the facilities to be located within the public right-of-way, including a map in electronic and/or other form required by the City. The plans and specifications shall show: a. The location of all existing and proposed facilities in the public right-of- way along proposed route including the type and location of existing and proposed pedestals and other above ground facilities. b. Facility Information. Photographs or artist renderings of all proposed facilities for the work area as well as their locations, dimensions, and color. Any modifications to plans and specifications must be reviewed and approved by the Director before modifications can be implemented by Applicant. In addition,Applicant shall provide the Director with engineering base maps identifying Applicant's existing underground and aerial utility facilities, poles, trench routes, and locations for above-ground equipment in the work area in both electronic form (digital or otherwise as specified by the Director)to the extent available and hard-copy form. c. Hours of Construction. All construction shall be accomplished and maintained between the hours specified by the Director. Construction shall not interfere with the existing or known future services of the City or private or public third parties. d. Telephone Contact. Applicant shall provide the Director with a telephone contact number, answered twenty-four(24)hours a day during the construction period, to enable the Director to report any concerns regarding construction of the facilities. After business hours such calls will be routed to an on-call supervisor. In the event that the Director reports any concerns to Applicant, Applicant shall respond in a timely manner. Applicant shall immediately correct any adverse impact to the City's use or operations or the use or operations of a third party caused by Applicant's construction activities in the public right-of-way at no cost to the City. Safety violations will be cause for immediate project shut-down. e. The specific trees, structures, improvements, facilities and obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate. 4. Information regarding any excess capacity that will exist in such ducts or conduits after installation of Applicant's facilities. 06-595/13597 5 Ordinance No. 3780 5. A Traffic Control Plan. In accordance with such guidelines established by the City. 6. The proposed start date of project. (3582-11/02) 7. The proposed duration of the project, which shall include the duration of restoration of the public right-of-way physically disturbed by the project. (3582- 11102) 8. A current business license issued by the City of Huntington Beach for the applicant and any subcontractors who will be providing services under the permit. (3582-11/02) 9. Evidence of insurance for the applicant and owner as specified by Resolution of the City Council. (3582-11/02) 10. Companies may also be required by the Director to provide reasonable advance notice to the public via a public notification plan of the proposed quantity,precise dimensions, design, color, type, potential noise and location of above-ground facilities pursuant to guidelines promulgated by the Director. The plan is subject to the prior approval of the Director. The guidelines shall take into account the area covered and impacts of the above-ground facilities. 11. Certifications. Upon request, Applicant shall provide copies of certifications, licenses, permits, franchises or other applicable approvals to construct and operate the facilities and to offer or provide the services. Applicant shall also provide a certification that the Applicant will comply with all applicable local state and federal requirements in the installation, operation, maintenance, or removal of its facilities. 12. Any other information that may reasonably be required by the Department. (3582-11/02) (b) Action on applications for permits as provided in this Chapter. (3582-11/02) 1. After receipt of an application for a permit, the Department shall determine whether an application is complete. If the application is deemed to be incomplete, the Department shall advise the applicant in writing of the reasons for rejecting the application as incomplete. (3582-11/02) 2. If the application is deemed to be complete, the Department, in its discretion, shall deny, approve, or conditionally approve the application. In order to preserve and maintain the public health, safety, welfare, and convenience, the Department may condition a pen-nit with specified requirements including, but not limited to, those that limit or modify the facilities to be installed or maintained, the location of the 06-595/13597 6 Ordinance No. 3780 facilities to be installed or maintained, and the time,place, and manner of work to be performed. (3582-11/02) 3. If the application is denied,the Department shall advise the applicant in writing of the basis for denial. (3582-11/02) 4. If the application is approved or conditionally approved, the Department shall issue a permit to the applicant. (3582-11/02) 5. It is unlawful for any permittee to make,to cause, or permit to be made, any project in the public right-of-way outside the boundaries, times, and description set forth in the permit. 12.13.090 Permit Denial. The determination to grant or deny a permit shall be based upon the criteria set forth in this section. The Director shall consider the following: 1. The capacity of the public right-of-way to accommodate Applicant's proposed facilities and facilities known to be needed in the future. 2. The capacity of the public right-of-way to accommodate known additional facilities if the permit is granted. 3. The damage or disruption, if any, to the public right-of-way or any public or private facilities, improvements, aesthetics, services, pedestrian or vehicle travel or landscaping if the permit is granted. 4. Visibility or sight distance impacts to other users of the public right-of- way. 5. The proposed facilities impact the design and construction of public streets, as well as intersections between City streets and roadways to ensure, to the maximum extent feasible, that streets and intersections are designed and constructed in a manner that will not adversely impact the health, safety and welfare of the citizens of the City of Huntington Beach and others. 12.13.091 Construction work--Permit denial—Appeal in general. In the event the Director refuses for any reason to issue a permit,the applicant may petition the Public Works Commission, in writing, for a hearing to consider said request. Any decision of the Commission, including but not limited to decisions to grant or deny permits, is appealable to the City Council who will consider the application de novo. (3582-11/02) 12.13.100 Orders regulations, and rules of City Departments. All work in the public right-ofway pursuant to this chapter shall be performed in accordance with the standard plans and specifications of the Department, the design manual, and any Department orders, regulations, or rules, except where the Director grants, for good cause shown, prior 06-595/13597 7 Ordinance No. 3780 written approval to deviate from such standard plans and specifications, the design manual, orders, regulations, or rules. (3582-11/02) 12.13.110 Construction work--Licensed contractor required. No construction work of any kind shall be done or performed upon any public right-of-way, in the City unless done according to City orders, regulations, rules of standard plans and by a contractor licensed by the State of California to perform that class of work. (3582-11/02) 12.13.120 Street excavation moratorium - no permit shall be issued. In order to preserve the ride quality, structural integrity and appearance of newly constructed or renovated streets, permission to excavate in newly constructed or renovated streets will not be granted for three(3) years after completion of street renovation as shown by the filing of a Notice of Completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are as follows: (3582-11/02) (a) Emergency which endangers life or property. (3582-11/02) (b) Interruption of essential utility service. (3582-11102) (c) Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City of Huntington Beach. (3582-11/02) (d) Service lateral for buildings or facility where the applicant has no other means of providing service exists. (3582-11/02) (e) Other situations deemed by the City's Public Works Commission to be in the best interest of the general public. (3582-11/02) All permits which are issued under(a)through (e) above shall be in accordance with the specified enhanced standards, details and specifications established by and on file in the Department, unless otherwise approved by the Director. (3582-11/02) 12.13.130 Underground service alert. Any person excavating in the public right-of-way shall comply with the requirements of the underground service alert regarding notification of excavation and marking of subsurface facilities. It shall be the responsibility of Applicant to mark its facilities with search wire if possible and to locate and mark or otherwise visibly indicate and alert others to the location of its underground facilities before employees, agents, of independent contractors of any entity perform work in the marked-off area. Applicant shall participate in and adhere to the practices of Underground Services Alert ("USA")or its successor notification system and provide at least forty-eight(48)hours prior notice to USA prior to any excavation. 12 13 140 Stop work order,permit modification and pen-nit revocation. When the Director has determined a person has violated this chapter, or any condition of the permit, or that an excavation poses a hazardous situation or constitutes a public nuisance,public 06-595/13597 8 Ordinance No.3780 emergency,or other threat to the public health, safety, or welfare,or when the Director determines there is a paramount public purpose, the Director is authorized to issue a stop work order, to impose new conditions upon a permit,or to suspend or revoke a permit by notifying the permittee of such action in writing. (3582-11/02) 12.13.150 Restoration. (a) Like New Restoration. For all projects for which any permit under this Chapter has been issued, the permittee shall restore or cause to be restored any area upon which work has been performed to like new condition. Such restoration shall be done in the manner prescribed by the standard plans and specifications, the design manual, orders, regulations, and rules of the Department. (3582-11/02) (b) Modification to Requirements. Upon written request from the permittee,the Director, in his or her discretion and for good cause shown, may approve in writing modifications to the requirements of this section. (3582-11102) 12.13.160 Repair by the Department. (a) In the event any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice as set forth in this chapter, the Director shall repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s)identified by the Director as the responsible party shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair,restoration,or any other actual costs incurred by the Department or other departments or agencies of the City made necessary by reason of the repair or restoration undertaken by the Department. (3582-11/02) (b) Repair or restoration by the Department in accordance with this chapter shall not relieve the person(s) from any and all liability at the site of the repair or restoration, including, but not limited to, future failures for any portions of work completed by permittee. (3582-11/02) 12.13.170 Emergency remediation by the Department. (a) If, in the judgment of the Director, the site of an excavation is considered hazardous, constitutes a public nuisance, public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the Director shall order the condition remedied by written, oral, telephonic or facsimile communication to the owner, applicant, or any agent thereof and shall designate the owner or applicant as the responsible party. (3582-11/02) (b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication, the Director shall remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any reasonable costs associated 06-595/13597 9 Ordinance No.3780 with the administration, construction, consultants, equipment, inspection, notification, remediation,repair, restoration, or any other actual costs incurred by the Department or other departments or agencies of the City made necessary by reason of the emergency remediation undertaken by the Department. (3582-11/02) 12.13.180 Suspension of applications and permits.No person subject to any outstanding violation of this chapter shall apply for nor be issued any permit hereunder. (3582-11/02) 12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit that are visible from the surface of the public right-of--way shall be clearly identified with the name of the current owner of the facilities. Upon demand of the Director,within six months of change in ownership of a facility(ies), the identification required by this section shall indicate the new owner. (3582-11/02) 12.13.200 City Repaving_Plan. The Director of Public Works shall prepare a two (2) year repaving plan showing the street surfacing planned by the City for the next two (2) years. The two year repaving plan will be made available to utilities at all times to assist them. (3582-11/02) 12.13.210 Coordination with City. (a) Prior to designing facilities and applying for an excavation permit in the City's public right-of-ways, applicants shall review other utilities' master plans and the City's two (2) year repaving plan on file with the Director. The applicant shall coordinate, to the extent practicable, with other planned utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rights-of-way. (3582-11/02) (b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits. (3582-11/02) (c) Permit Available On-Site. The permit or a photo duplicate shall be available for review at the site of the excavation for the duration of the excavation and shall be shown, upon request, to any police officer or any employee of a City agency, board, commission, or Department with jurisdictional responsibility over activities in the public right-of-way. 12.13.220 Blanket Permits. The Director may issue a blanket permit to an Applicant to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section and shall comply with all requirements of this chapter not inconsistent with this section and all fees set by resolution of the City Council shall be paid. 06-595/13597 10 Ordinance No. 3780 12.13.230 Construction Status Report. (a) During construction, Applicant shall, at the request of the Director, submit to the Director regular progress reports describing in detail the status of construction in relation to the plans and specifications. The first report shall be submitted within seven days after commencement of construction and shall be updated every seven days thereafter, as may be required by the permit. Work plans shall be provided in advance to the Director for review and approval. (b) Notification. Applicant shall provide written notification to the Director of any construction and/or maintenance activities undertaken in public right-of-way, ` whether undertaken pursuant to permit or otherwise, within five business days of commencement of such activities unless the activities have been previously reported to the Director. 12.13.240 Conditions of Use of Public Right-of-Way. (a) All facilities of Applicant shall be so located, constructed, installed and maintained so as not to endanger, interfere with or limit the usual and customary use and/or traffic and travel upon the public right-of-way as well as adjacent private property pursuant to a traffic control plan to be approved by the Director. (b) In the event Applicant creates a hazardous or unsafe condition or an unreasonable interference with property, such Applicant shall remove or modify that part of the facility to eliminate such condition from the subject property. (c) Applicant shall not place equipment where it will interfere with existing and known future City uses of the public right-of-way, with the rights of private property owners as determined by the Director, with gas, electric, cable, telephone fixtures, water, sewer and storm drain lines and appurtenances, fire hydrants, traffic signal facilities, street light facilities, or any wastewater stations, with any traffic control system, or any other City facility. (d) Applicant, at its own expense and pursuant to a timeline approved by the Director, shall protect the public right-of-way and support or temporarily disconnect or relocate any of Applicant's facilities when necessitated by reason of 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closure not for the benefit of a private party; 4. Street construction or resurfacing; 5. A change or establishment of street grade; and 6. Installation of sewers, water and storm drain lines and appurtenances, lift stations, street light facilities, traffic signal facilities, tracks, or any other public use of the right-of-way. 06-595/1 3597 l 1 Ordinance No. 3780 12.13.250 Excavations. (a) Applicability. Each excavation in the public right-of-way pursuant to this chapter shall be performed in accordance with this chapter and with the standard plans and specifications of the Department and any Department orders,regulations or rules, except where the Director, at his or her discretion, grants prior written approval to deviate from the standard plans and specifications, orders, or regulations. The Director shall develop guidelines to implement the granting of waivers authorized pursuant to this chapter. (b) Notices. The Director may require reasonable notice from Applicant if Applicant excavates or causes an excavation in the public right-of-way in a manner that, due to duration or location of the excavation, has the potential to disrupt traffic flow or adjacent properties. All notices are subject to the prior review of the Director and shall include: 1. Post and maintain notice at the site of the excavation. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place at least seventy- two (72)hours prior to commencement of the excavation. 2. At least ten calendar days prior to commencement of the excavation, Applicant shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection(b)(1) and the name, address, and twenty-four(24)hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation, or 3. At least ten calendar days prior to commencement of the excavation, Applicant shall also deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (b)(2) of this section. (c) Notice for Emergency Excavation. For emergency excavation, Applicant shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed, and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place. (d) Marking of Subsurface Facilities. If Applicant excavates in the public right-of-way, it shall comply with the requirements of the underground service location regarding notification of excavation and marking of subsurface facilities. Applicant shall provide underground service location with the assigned number of the permit to 06-595/13597 12 Ordinance No. 3780 excavate or other information as may be necessary to properly identify the proposed excavation. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October , 2007. Ma ATTEST: APPROVED AS TO FORM: P City Clerk ()::;�nCily Attorney .12 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Aldministrator Director of Pub is Works 6,zew-rte- 06-595/13597 13 Ord. No. 3780 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 17th day of September,2007,and was again read to said City Council at a regular meeting thereof held on the 1st day of October,2007,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 11,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cit Clerk and ex-officio C§Yefrk Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3781 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.38 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO ENCROACHMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 12.38.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 12.38.010 Encroachment permit required. In addition to any agreement, license,permit or franchise required by this Code or the Zoning and Subdivision Ordinance or any permit or entitlement required by state and federal law, the following uses may temporarily encroach into the public right-of-way subject to the issuance of an encroachment permit by the Department of Public Works and the payment of all applicable fees as set by resolution of the City Council: (a) Structural Elements. (b) Signs. (c) Lighting. (d) Parkway modification including surfacing, tree or shrub removal and/or planting. (e) Unusual architectural treatment, appendages, or fixtures, such as awnings. (f) Shrub planting and removal. SECTION 2. Section 12.38.045 is hereby added to the Huntington Beach Municipal Code, said section to read as follows: 12.38.045 Duration and validity. (a) Permits shall be void if the project, including restoration, has not been completed within sixty days; provided, however, that the Director, in his or her discretion for good cause shown, may issue one thirty-day extension to the start date and one thirty-day extension to the duration of a permit upon written request from the permittee and payment of any applicable fees. The Director may issue additional extensions as may be appropriate in his or her discretion. (b) Permits are not transferable without proof of current business license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing service under the permit and evidence of insurance as specified by Resolution of the City Council, and the written consent of the permittee and the Director. 06-595/13598 l Ordinance No. 3781 SECTION 3. Section 12.38.050 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October ,2007. Ma ATTEST: APPROVED AS TO FORM: 0^10) elm I- JJW40 M �� y Clerk V U Cit Attorney q-12-C1� REVIEWED AND APPROVED: INITIATED AND APPROVED: VK 61W City"Administrator Director of Pu lic Work wee 06-595/13598 2 Ord. No. 3781 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 17th day of September,2007, and was again read to said City Council at a regular meeting thereof held on the Ist day of October,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 11,2007. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci Clerk and ex-officio erk Deputy city clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3782 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO WIRELESS-DIGITAL COMMUNICATIONS RADIO NETWORKS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.48 of the Huntington Beach Municipal Code is hereby amended to remove it in its entirety. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October , 2007. Mayo ATTEST: APP OVED AS TO FORM: City Clerk V City Attorney C),- REVIEWED AND APPROVED: INITIAT A APPROVED: City Administrator anni Director INITIATED AND APPROVED: Ny Director of Public Works c%A:yrr Wh-16 06-595/13599 Ord. No. 3782 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of September,2007, and was again read to said City Council at a regular meeting thereof held on the 1st day of October,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green,Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 11,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk CLI Clerk and ex-officio Olerk Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3783 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.64 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO UNDERGROUNDING OF UTILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 17.64.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.020 Underground utilities coordinating committee--Established. There is hereby established an underground utilities coordinating committee, appointed by the City Council, which said committee shall consist of five(5) members as follows: (2222-12/77, 2382-7/79,2975-12/88) (a) Director of Public Works; (b) Director of Planning; (c) One city employee appointed by the City Administrator; (d) District representative, Southern California Edison Company; and (e) Senior engineer, Public Improvements, Verizon. SECTION 2. Section 17.64.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.030 Duties. It shall be the duty of the committee to advise the City Council with respect to all technical aspects of the undergrounding of public utilities within the city of Huntington Beach and in that regard the committee shall: (a) Determine the location and priority of conversion work within the city; (b) Recommend specific projects and methods of financing; (c) Recommend time limitation for completion of projects and extensions of time; (d) Develop a long-range plan for establishing underground utilities districts; (e) Perform such other duties as may be assigned to it by the City Council. The Director of Public Works shall be chairperson of said committee. A majority of the members of the committee, or their authorized representatives, present at any meeting shall constitute a quorum. Said committee shall meet upon call of the chairperson. Members of the committee shall serve at the pleasure of the City Council and without compensation. (2222-12/77) 06-595/13600 1 Ordinance No.3783 SECTION 3. Section 17.64.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.050 Underground public utilities facilities All new public and private utility lines and distribution facilities, including but not limited to electric, communications, street lighting, and cable television lines, shall be installed underground, except that surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities located on private property or installed pursuant to a franchise or other agreement need not be installed underground, and provided further that cable television lines may be installed on existing utility poles within subdivisions developed with overhead utility lines. This section shall not apply to main feeder lines or transmission lines located within the public right-of-way of an arterial highway as shown in the circulation element of the general plan. SECTION 4. Section 17.64.130, subsection (f) of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.130 Exceptions to this chapter. The following shall be excluded from the provisions of this chapter unless otherwise provided in the resolution designating the underground utilities district: (a) Poles or electroliers used exclusively for street lighting. (b) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (c) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (d) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (f) Antennas used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and water cabinets and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (2222-12/77) 06-595/13600 2 Ordinance No. 3783 (i) Utilities with existing on-pole services as of the date of this ordinance, where the utility is not the sole user of the poles, and where the utility is replacing one single wire, cable, or line with another or adding an additional smaller wire, cable or line, provided that utility will be placed underground at the time the other utility utilizing the poles places its service underground. (3635-5/04) SECTION 5. Section 17.64.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.150 Director of Public Works--Authority of. The Director of Public Works shall have the authority to waive the requirements of section 17.64.140 with respect to improvements within the public right-of-way when, in his or her judgment, it is determined to be in the best interest of the city so to do, based upon the following criteria: (a) Whenever engineering plans and specifications are not required. (b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc. would have to be removed and replaced. (c) The location of existing overhead facilities. (d) The location of existing structures. (e) The condition of existing street improvements. (f) The amount of lineal footage of CATV facilities involved. SECTION 6. Section 17.64.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.160 Director of Planning--Authority o The Director of Planning shall have the authority to waive the on-site requirements, as set out in section 17.64.140, when, in his or her judgment, it is determined to be in the best interest of the city so to do,based upon the following criteria: (a) Where existing improvements would have to be removed and replaced. (b) The location of existing overhead facilities. (c) The location of existing structures. (d) The condition of existing improvements. (c) The amount of lineal footage of CATV facilities involved. (f) The interface of the new development to the existing development on the site. 06-595/13600 3 Ordinance No.3783 (g) The interface to similar facilities required off site. SECTION 7. Section 17.64.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.170 City Council--Appeal to. Any landowner or developer affected may appeal the determination of the Director of Public Works or the Director of Planning to the City Council. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of October , 2007. Ma ATTEST: APPROVED AS TO FORM: Ind I— City Clerk VJ;!Cit+ytto�mey REVIEWED AND APPROVED: INITIATED AND APPROVED: City A ministrator Director of Pu lic Worksl�r��.or��6 06-595/13600 4 Ord. No. 3783 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 17th day of September, 2007, and was again read to said City Council at a regular meeting thereof held on the 1st day of October,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 11,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Cit lerk and ex-officio rk Deputy City Clerk of the City Council of the City of Huntington Beach, California • • • ATTACHMENT #3 LEGISLATIVE DRAFT - ORDINANCE NO. 3779 230.96 Wireless Communication Facilities A. Purpose. The purpose of this Section is to encourage and facilitate wireless communications throughout the City, while preventing visual clutter by locating wireless communication facilities outside of residential zones and where they are invisible to pedestrians, and co-located with other facilities. All wireless communication facilities shall comply with these regulations with regard to their-e e o„*S nrd ,,,,;,lolines in efdef to r gulag th location, placement, construction, modification and design to protect the of. fireless f6e l;ties f r pfeteefien of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Reciuired. 1 A.l„ inist,-.,tiye . .,1 by the Dire to-may be granted f proposed wifeless mounted, ee leeated, wall, a. Go leeated to approved faeilifies a4 existing heigh4s pf eamplies with the base dist-Fie b. Completely stealth f4eilities and eemplies with the base lVl llel glll llllll 1, Vl 4 -9/e2 height pei:fnitted within the zening.list,-iet• ,,,d4&% io.-) 1. C ,1 a t s b.le �v-«,-v, b,eya 7 the b,.<,,,,dar-ies E,£the site .,t o 1��11�K 111 ,1�.. K,.K ..V� ..,...,._ �.V.._ „_,..._.. ._._ .,.,�__»»_._., .,_ ---- ----- --- _;,v level (six iigVK11U111g Vl JI.l KVtK1V to w-hi ,l, ;t is to be mounted; ��aQ nines 3. Designed to be afehiteetufally eempatible with suffeunding buildings and!and uses by ineofper-afing stealth teehniques-.4356&-w� . 1,,e to,l all r-eef e-„til;tyffle,,,,ted) that a 0. (3568-9/02) a. Exeeeding the maximtHn building height pefmitted within I1V zV11111g u1J1.11V1, C36699102) b, Nl 'b,l from b.eye l the b..,,,ndafies fthe site .,t eye level (six f et\• i&GHQ nine e. T4)t substantially integfated with the afehiteetufe of the existing building ef stfuettif to whieh it is to be mounted; 2f4&%&-w� .1 l4et designed t be hiteet„ .,ll< eempatible with s nd fig-buildings ufi !and iaGa4_oi e. > 1't• in residential ,1 t t that .l t of B.1 r-B.1 b.,435&&-gio2) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 that eemply with seetion .-(3568 9/v2 BG. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: (3568-9/02) 1. Accessory Structure. 6Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers,and light standards. (3568-9/02) 4. Ground Mounted Facility. Any wireless antenna that areis affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existinp,Wireless Facility_. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment, typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) 9. Tel . tion Faeility. A wireless eamintiniea4ion f4eility that is either-wall fneurAed,„t;l:ty,t, ntoilor-roof,Y,..,,rAe 1 a56 9�n 4-09. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines, telephone lines, non-commercial wireless service antennas,radio antennas, street lighting but not traffic signals, recreational facility lighting, trafn^ signal equipment or any other utility which meets the purpose and intent of this definition. (3568-9/02) 4410. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 2 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) 4-211. Wireless Communication Facility or Facility. An antenna structure and any a purtenant facilities or equipment that transmits electronic waves or is e used fo -ar r the transmission or receipt of signals that are used in connection with the provision of wireless communication service, including, but not limited to digital, ' cellular and radio service. (3568-9/02) CD. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, placed, constructed or modified within the City of Huntington Beach e„ or f llow „g the off etive da4e e seer o 230.96 shall comply with these regulations guidelines, subjeet to the tege.-ieal exemptions, „der-s„t.pa-ag-.,p (3) f this seetie 1 provided that: (3568-9/02) a. All facilities, for which appliea4iens permits were issued dete fminea ,.,,,...,Moto b the Planning Depaftfne prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. (3G/'Z C2�2 _ c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scop-e of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. (3568-9/02) 2. All faeflifies for-w-hieh building pefmits and any extension thefeef have expired shall 32.The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02) A -a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568-9/02) B—b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) C—c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) D—d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 3 06-595/8346 LEGISLATIVE DRAFT Ordinance No. 3779 E—e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in the City without submission of a Wireless Permit Application that demonstrates that the antenna is located in the least obtrusive location feasible so as to eliminate any gap in service and also - includes the following information: 1. Demonstrate existing gaps in coverage, and the radius of area from which an antenna may be located to eliminate the gap in coverage. 2. Compatibility with the surrounding environment or that the facilities are architecturally integrated into a structure. 3. Screening or, camouflaging by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 4. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 5. No portion of a wireless communication facility shall project over property lines. 6. Interference: To eliminate interference, the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a buildin permit, the applicant shall submit the following information to the Police Department for review: i. All transmit and receive frequencies; ii. Effective Radiated Power (ERP); iii. Antenna height above ground, and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriffs Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 proposed frequency addition and/or change to confirm the intent of the `frequency planning" process has been met. d. The a licant shall provide to the PlanningDepartment a single point of contact (including name and telephoneg number) in its En ineering and Maintenance Departments to whom all interference pro lems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. E. Additional Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located with approved facilities at existing heights or that comply with the base district hei ht limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities that comply with the base district height limit; or c. Facilities in non-residential districts that are in compliance with the maximum building height permitted within the zoning district; and i. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or ii. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or iii.Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Following submission of a Wireless Permit Application, a Conditional uUse pPermit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses. e. Faeilifies in residential distfiets that de net meet B.!.a of B.1.b. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 5 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 e. As a condition of the Conditional Use Permit, the Zoning Administrator shall minimize significant adverse impacts to public visual resources by incorporating one or more of the following into project design and construction: i. Stealth installations; ii. Co-location and locating facilities within existing building envelopes; iii.Minimizing visual prominence through colorization or landscaping; iv. Removal or replacement of facilities that become obsolete. 3. Design review shall be required for any wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with subsection 1. £F. Facility Standards..: The following standards apply to all wireless communication facilities: 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. (3568-9/02) c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 S. .lnteff r^^^^• Toeliminate ltva l e the following p shallf be e .all - u � fulu" wirelvUU v 11111 N111Vu{.1V11 f4Va11 11VJ regardless "� iulvnuu do rl to the Poliee o,-aft f't /'IGL. � 1. All n 11 t,llK31Ji;t and feeeive f e o ,-ON8-9M2) 1 -- L. LZIV VIa _ 3. Antenna height above gr-etind, a%&- / 4. Antenna pattem,both hafizental and veftieal (E Plane and H Plane). ( 56T3 68 9/022) times,b. At all ethef than dtu4ng the 24 hotif etife period, the appheant shall eamply the use 6f the Pardo ffequeney Sp.7e^ shall n �e appheant$h^z not p1-event City of Huntington Beaeh of the eeuntymide system ffem having adequate speetfam eapaeity on the C t.,'s 400 MHz yeiee and 7 ata fadia ffequeney s steHs. The app eant shall .,t' o f ,f:, iliti_ ea ,.to-f ;tl, the / 'ty�s f il;t' .. ...-.�.� .".Y..i.i�ivii vi uia� iucua�y vuu�i" o 0 immediately:rsl the exY uuta vu of the 74 houf etffe pefied until the effuse of the inteffer-enee is li fii n ted-_ 36s-s/ Der afftme ut. upest iiJtulautavi test t, nf. Y that the f ;l;ty do of interfere with a4 the expense of the appheant shall eenduet this test. This post inst�flatinfl testijig ee multhe intent ofthe frequeney planning"pfveess has been fnet /3 $�^�; d Th 1' t b ll ,l t tl, Planning D aft, ent asngle pant f eent. The u.rr.iivuii� Jiiuia r1V v lug. w I,aly r (inel,,, ing o and told b \ l;t a Maintenan 7� Y1, / b b I iPr•,,-t,-v. r,ts 4o whom 11 4 eblems .be o efte l to o f.4'.f. i �b ll 0 1 0 ll '„teffo 1 it on lvrr-axiiiairr�ree2Ee SSiteS--T�i2-E6iiaEt-p cr$vir�ircnrrcsvr`Pc-mrzzrccri cre�c�cviirprccrns within llllll LT 11V ltl S • p-5pp--9y27 e. The appheant shall instife tha4 lessee of other-usef(s) shall eamply with the teffns and vviluiti ViiU Vi t11aU Yviiii t, and shall 1J VV 1VJV1aJTVZV 1V1 thethe fftilufe of any lessee or-othe tise raor the nt-el of t ,..1; „t t, eemp1 .•-( 5&"/92) 65.Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent properties,unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) -6.Maintenance: All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) ,97.Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02) 98. Signs_ The facility shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. (3568-9/02) 9. Facilities on Public Properly: Any wireless communication facility to be p laced over, within, on, or beneath City property shall obtain a lease or franchise from the City. prior to applying for a Wireless Permit and an administrative or conditional use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 7 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 10.Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. 1 1.Utilitv A reement: If the proposed facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will-be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. F. Site Seleetion. For-all wireless eemmunieation f6eilifies, the appheant shall pro .1,,e nt.,tie that demo st-f tes the 113-568 9/02) > vegeta4ien, buildings 0 (35689/92) 68 9/&2� (3568 9102) 209 ) a. Ce laea niig aintemnason one stfueture; b. Stealth instzallrAions; e�6" ting f eiliti within existing building 1 8S-`diTazirrc�iscrr�v aircr'rii��ir`v'czopeo, .l Minimizing visual p e ti,r�,,,g eol.,,-,-�ntio 1,,.,,1seapifig , o u vi iuiirn.vuYiii�, designated watef > > six (6) menths E)f teffflination of use and the site r-estef:ed to its flatufal state. (Res NE).2004 80 9/94) 4G12. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over, within, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) 4-a.Any wireless communication facilities to be constructed on or beneath the public right- of-way must hm,e a f hise agfeement wit obtain an encroachment permit from the City t,, ownef that>, a wireless f hiss . ee e t with the City, , and the applicant must provide documentation demonstrating that the applicant is a Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 8 06-595/8346 LEGISLATIVE DRAFT Ordinance No.3779 state-franchised telephone corporation exempt from local franchise requirements. (3568- 9/02) 2b.All equipment associated with the operation of a facility, including but not limited to cabinets, transmission cables but excepting antennas, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02) 3c. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way and the installation of facilities within the public rights-of-way must comply with Title 12 of the Huntington Beach Municipal Code, as the same may be amended from time to time. (3568- 9/02) 4d.All wireless communication facilities shall be subject to applicable City permit and inspection fees, including,but not limited to, those pertaining to encroachment permits, administrative or conditional use permits, and all applicable fees. (3568-9/02) 6e. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6f. Wifeless eemmuniea4ion f4eilities fflay be installed an existing utility peles, eenduits and fr-A4; .hi-4R , ee e t exist-- r-eless installa4io, (3588 9/02)If the facility is attached to a utility pole, the facility shall be removed, at no cost to the City, if the utility pole is removed pursuant to an undergrounding project. 7g City GE)u ei .-w6&ve�The service provider shall enter into a franchise agreement with the City. As of March 17, 2007 the California Supreme Court, in the case entitled Spring Telephony PeS v. County of San Diego, will determine whether California Public Utilities Code § 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of installation of wireless communications facilities. Pending resolution of this legal question, any applicant seeking to use the public right-of-way must enter into a City franchise to install wireless communications facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communications facility in the public right-of-way. bene.,tl, p4lie p 11 �l 11 Fnplywith the fallowing st.,v..a ,ds 356&wi 1. Wifeless eemmunieation faeilifies shall be installed in aeeafdanee with all appheab! City eedes and > > but not lifaited to, that standards f6f paving in the event .. „ efg-e„„, ing Futilities o,l 113568_9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9 06-595/8346 LEGISLATIVE DRAFT Ordinance No. 3779 'll KJl 11KvV U 1VKJv agfeement with the eit r. Auuifi voe; depending Ca -I9E-a4k6the ir-6j-ccccd vehieular-tr-arrre, the impacc-vrre-XTstiftg 7 Pub lie Wor d Planning may be r- iiir-ed D„L he Works ; eet6r K..K.t.o,.K, .::Iry v viuvnts--ccarnzgiirsrcrrrcrcivrr-varJccrvirzucnty impucrr.4.,o44o City'sutility sen4ees to the site, the appheant will be r-equifed te fumish the Sef,v.ees T ,agei, e the f u drafted utility u urroh o0 0„t between the City f u t' gt B 1, a the h t to place these lines i the publie fight .,f way,.. ...,s..,..LVKVll uiiu «ram uYY , • .atten statement uvu the utility who will be supplying ing the power- the sen4ees that they . ept all s b il;t„for-these lines i the p b.lie fight f way. .,..i...+.+.,, �..K< uavy uvvvY� uu iwYviiJi a�iri c.y (35689/02) J13. Facility Removal. a. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation Conservation, Parks and Shoreline, and Public Right of Ways shali be removed in its entirety within six (6) months of termination of use and the site restored to its natural state. --b.Cessation of Operation: Within thirty(30) calendar days of cessation of operations of any wireless communication facility approved under this section, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) Al. The City has determined that the operator has resumed operation of the wireless communication facility within six (6)months of the notice; or (3568-9/02) B2. The City has received written notification of a transfer of wireless communication operators. (3568-9/02) 2c. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (3568-9/02) A.Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) calendar days after notice of abandonment is given either(1)remove the facility in its entirety and restore the premises, or(2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6)month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 10 06-595/8346 LEGISLATIVE DRAFT Ordinance No. 3779 4e. Removal by Cites At any time after thirty-one (31) calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11 06-595/8346 LEGISLATIVE DRAFT Ordinance No. 3780 Huntington Beach Municipal Code 12.13.010-12.13.010(i) Chapter 12.13 STREET WORK GENERALLY (3582-11/02) Sections: 12.13.005 Purpose 12.13.010 Definitions 12.13.020 Erecting utility structures--Authority 12.13.030 Emergency situations 12.13.035 Underground Facilities 12.13.040 Obstructing or construction within public way—Permit required 12.13.050 Duration and validity 12.13.060 Penalty for exceeding time restrictions 12.13.070 Permit--Fees 12.13.080 Required information for permit 12.13.090 Permit Denial 12.13.0901 Construction work--Permit denial—Appeal in general 12.13.100 Orders, regulations, and rules of City dDepartments 12.13.110 Construction work—Licensed contractor required 12.13.120 Street excavation moratorium—no permit shall be issued 12.13.130 Underground service alert 12.13.140 Stop work order,permit modification, and permit revocation 12.13.150 Restoration 12.13.160 Repair by the dDepartment 12.13.170 Emergency remediation by the dDepartment 12.13.180 Suspension of applications and permits 12.13.190 Identification of visible facilities 12.13.200 City repaving_plan 12.13.210 Coordination with City 12.13.220 Blanket Permits 12.13.230 Construction Status Report 12.13.240 Conditions of Use of Public Right-of-Way 12.13.250 Excavations 12.13.005 Purpose. The public rights-of-way are unique public resources held in trust by the City for the benefit of the public. Pursuant to the City Charter and applicable state and federal law, the City is empowered to control access to and use of its public rights-of- way, and unless pre-empted by state or federal law, to obtain reasonable and fair compensation for the use of its public rights-of-way. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards and regulations for use of the public right-of-way. These regulations are intended to protect the public health, safety and welfare that permit the installation of utilities and 1 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3780 communication facilities in the public right-of-way in such a manner and at such points so as not to incommode the public use of the public's right-of way. 12.13.010 Definitions. (a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate. (3582-11/02) (b) "City" shall mean the City of Huntington Beach. (3582-11102) (c) "Department" shall mean the Department of Public Works. (3582-11/02) (d) "Director" shall mean the Director of the Department of Public Works or his/her designee, and shall include the term"Superintendent of Streets." (3582-11/02) (e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of- way. (3582-11/02) (f) "Facility" or "facilities" shall mean any and all cables,wires, cabinets, ducts, conduits, converters, equipment, drains, handholds,manholes, pipes,pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right-of-way. (3582-11/02) (g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract granting special privileges to use the public right-of-way. It is not intended that this chapter of the Municipal Code impose additional rules or regulations which are inconsistent with the rights or obligations under the franchise or confer authority to the City that conflicts with the State's Public Utilities Code or the jurisdiction of the California Public Utilities Commission. (3582-11/02) (h) "Owner" is defined as that person who is responsible for the project. (3582-11/02) (i) "Permit" or "permit to excavate" shall mean an encroachment permit to perform a project as it has been approved or may be amended or renewed by the dDepartment. (3582-11/02) (j) "Permittee" shall mean the applicant to whom a permit has been granted by the dDepartment in accordance with this chapter. (3582-11/02) (k) "Person" shall mean any natural person, owner, corporation, partnership, public utility franchise, or any governmental agency, including any agency other than the City of Huntington Beach, dDepartment, the state of California, or United States of America. (3582-11/02) (1) "Project" for purposes of this chapter shall mean any activity permitted under this chapter, including but not limited to excavation, construction, demolition, obstruction of right-of-way, repair and building. (3582-11/02) 2 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3780 (m) "Public right-of-way" shall mean the area across, along, beneath, in, on, over,under, upon, and within the dedicated public alleys, boulevards, courts, lanes,places, roads, sidewalks, streets, ways and City owned properties within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works. (3582-11/02) 12.13.020 Erecting utility structures--Authority. It is unlawful for any person, without a City franchise and/or City encroachment permit, or other authority from the Director,to erect any telegraph, telephone, electric light or,transmission poles, or facilities on or in any walk, street, alley or public place in this City, or to stretch any wires or cables along or across said streets; or to lay any gas, oil or water pipes, or other pipelines along or across any streets in the City. (3582- 11/02) As of March 17, 2007, the California Supreme Court, in the case entitled Sprint Technology PCS v. County of San Diego, will determine whether California Public Utilities Code Section 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of installation of wireless communication facilities. Pending resolution of this legal question, any applicant seeking to use the public right-of-way must enter into a City franchise to install wireless communication facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communication facility in the public right-of-way. 12.13.030 Emergency situations. Nothing contained in this chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property when such necessity arises during days or times when the dDepartment is closed. In the event that any person undertakes any project, as defined herein, in the public right- of-way made necessary by an immediate threat to health, safety, life or property, such person shall apply for an emergency permit within four hours after the dDepartment's offices are first opened. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action and describe the work performed. (3582- 11/02) 12.13.035 Underground Facilities. All facilities constructed within the public right-of-way shall be undergrounded except for antennae and those exempt from undergrounding pursuant to section 17.64.050. 12.13.040 Obstructing or construction within public way--Permit required. It is unlawful for any person to construct, repair, use, or obstruct any street, alley, sidewalk or public property within this City by placing thereon or therein any utility, building, stand, counter, fence, lunch wagon, storage container, bandstand, structure, building material or tools, gravel, dirt, excavation or obstruction of any kind whatsoever or performing any demolition, without a permit having first been issued therefor as hereinafter provided. (3582-11/02) 3 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3780 12.13.050 Duration and validity. (a) Permits shall be void;f the r e +has .,et begu , .;+ i thirty days f the star+,a.,+o if the project, including restoration, has not been completed within sixty daysthe spec oa dufatie ; provided, however,that the Director, in his or her discretion for good cause shown, may issue one thirty-day extension to the start date and one thirty-day extension to the duration of a permit upon written request from the permittee and payment of any applicable fees. The Director may issue additional extensions as may be deemed appropriate in his or her discretion. (3582-11/02) (b) Permits are not 4ansfer-able w-MetA the vffitten eensent of the pefmit4ee and the Difeczer-0m24 A24Permits are not transferable without proof of current business license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing service under the permit and evidence of insurance as specified by Resolution of the City Council, and the written consent of the permittee and the Director. 12.13.060 Penalty for exceedine time restrictions. A penalty shall be imposed upon any person who does not complete work requiring road or lane closures within the established time frame. The penalty shall be in an amount set by resolution of the City Council and shall be based upon estimated costs to the traveling public due to delays and additional travel distance around roadway closures. (3582-11/02) 12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan check, inspection and permit fees, set by resolution of the City Council. The State of California and the County of Orange, including entities such as special districts organized under state law, are fee exempt. At the discretion of the Director, and upon proven City history of prompt payment and company fiscal integrity,the Director may request and make arrangements for alternative methods of collecting payment such as monthly billings. (3582-11102) 12.13.080 Required information for permit. Before any project mentioned in this chapter may be commenced, the person doing such work must provide the following information: (3582-11/02) (a) Applications for permits shall be submitted in the format and manner specified by the Director and shall contain: (3582-11/02) 1. The name, address, telephone, and facsimile number of the applicant. Where an applicant is not the owner of the facility to be installed or maintained in the public right-of-way,the application also shall include the name, address, telephone, and facsimile number of the owner. If the application is submitted by an authorized agent of the Applicant or Owner, written authorization from the Applicant or Owner of facility shall be provided. (3582-11/02) 2. A description of the location, purpose or use, method of construction, and surface and subsurface area of any proposed project. (3582-11/02) 4 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 3. Engineering plans, specifications and a network map of the facilities to be located within the public right-of-way, including a map in electronic and/or other form required by the City. The plans and specifications shall show: a. The location of all existing and proposed facilities in the public right-of-way along proposed route including the type and location of existing and proposed pedestals and other above ground facilities. b. Facility Information. Photographs or artist renderings of all proposed facilities for the work area as well as their locations, dimensions, and color. Any modifications to plans and specifications must be reviewed and approved by the Director before modifications can be implemented by Applicant. In addition, Applicant shall provide the Director with engineering base maps identifying Applicant's existing underground and aerial utility facilities, poles, trench routes, and locations for above-ground equipment in the work area in both electronic form (digital or otherwise as specified by the Director) to the extent available and hard- copy form. c. Hours of Construction. All construction shall be accomplished and maintained between the hours specified by the Director. Construction shall not interfere with the existing or known future services of the City or private or public third parties. d. Telephone Contact. Applicant shall provide the Director with a telephone contact number, answered twenty-four (24) hours a day during the construction period, to enable the Director to report any concerns regarding construction of the facilities. After business hours such calls will be routed to an on-call supervisor. In the event that the Director reports any concerns to Applicant, Applicant shall respond in a timely manner. Applicant shall immediately correct any adverse impact to the City's use or operations or the use or operations of a third party caused by Applicant's construction activities in the public right-of- way at no cost to the City. Safety violations will be cause for immediate project shut-down. 5 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 e. The specific trees, structures, improvements, facilities and obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate. 4. Information regarding any excess capacity that will exist in such ducts or conduits after installation of Applicant's facilities. 5. A Traffic Control Plan. In accordance with such guidelines established by the City. 6-5. The proposed start date of project. (3582-11/02) 76. The proposed duration of the project, which shall include the duration of restoration of the public right-of-way physically disturbed by the project. (3582-11/02) 8-. A current business license issued by the City of Huntington Beach for the applicant and any subcontractors who will be providing services under the permit. (3582-11/02) 98. Evidence of insurance for the applicant and owner as specified by Resolution of the City Council. (3582-11/02) 10. Companies may also be required by the Director to provide reasonable advance notice to the public via a public notification plan of the proposed quantity, precise dimensions, design, color, type, potential noise and location of above-ground facilities pursuant to guidelines promulgated by the Director. The plan is subject to the prior approval of the Director. The guidelines shall take into account the area covered and impacts of the above- ground facilities. 11. Certifications. Upon request, Applicant shall provide copies of certifications, licenses, permits, franchises or other applicable approvals to construct and operate the facilities and to offer or provide the services. Applicant shall also provide a certification that the Applicant will comply with all applicable local state and federal requirements in the installation, operation, maintenance, or removal of its facilities. 6 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 with theeE -a -suEkk ethe details the depaepA fnay fege— , lieense, or- ether-legal instfum&4 that authorizes the appheafil ef eyvNmer-to use or Whe fe the ..1;,ant; et the owner-l f the f edit. of f e lities to be installed ef (3 p2 1 . /w4 ) 6 The Pfoposed diff do f the prejeet o,b.;eh shall ; elude the .1,,,-atio,-, e (354 7 7. A etiffent0 heense (3582 114/02/n 4 theCity ;1 /3682 11/nog 2) 129. Any other information that may reasonably be required by the dDepartment. (3582-11102) (b) Action on applications for permits as provided in this Chapter. (3582-11/02) 1. After receipt of an application for a permit, the dDepartment shall determine whether an application is complete. If the application is deemed to be incomplete, the dDepartment shall advise the applicant in writing of the reasons for rejecting the application as incomplete. (3582-11/02) 2. If the application is deemed to be complete, the dDepartment, in its discretion, shall deny, approve, or conditionally approve the application. In order to preserve and maintain the public health, safety, welfare, and convenience,the dDepartment may condition a permit with specified requirements including, but not limited to, those that limit or modify the facilities to be installed or maintained,the location of the facilities to be installed or maintained, and the time, place, and manner of work to be performed. (3582-11/02) 3. If the application is denied, the dDepartment shall advise the applicant in writing of the basis for denial. (3582-11/02) 4. If the application is approved or conditionally approved,the dDepartment shall issue a permit to the applicant. (3582-11/02) 7 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3780 5. It is unlawful for any permittee to make, to cause, or permit to be made, any project in the public right-of-way outside the boundaries, times, and description set forth in the permit. 12.13.090 Permit Denial. The determination to grant or deny a permit shall be based upon the criteria set forth in this section. The Director shall consider the following: 1. The capacity of the public right-of-way to accommodate Applicant's proposed facilities and facilities known to be needed in the future. 2. The capacity of the public right-of-way to accommodate known additional facilities if the permit is granted. 3. The damage or disruption, if any, to the public right-of-way or any public or private facilities, improvements, aesthetics, services, pedestrian or vehicle travel or landscaping if the permit is granted. 4. Visibility or sight distance impacts to other users of the public right-of-way. 5. The proposed facilities impact the design and construction of public streets, as well as intersections between City streets and roadways to ensure, to the maximum extent feasible, that streets and intersections are designed and constructed in a manner that will not adversely impact the health, safety and welfare of the citizens of the City of Huntington Beach and others. Yb,t f. et Aside the b,,,,,i. a fie times ,i de pt;..n set f,-tL. i the po.mit i35n`2 14/02) 12.13.0901 Construction work--Permit denial—Anneal in general. In the event the Director refuses for any reason to issue a permit,the applicant may petition the Public Works Commission, in writing, for a hearing to consider said request. Any decision of the Commission, including but not limited to decisions to grant or deny permits, is appealable to the City Council who will consider the application de novo. (3582-11/02) 12.13.100 Orders, regulations, and rules of City dDenartments. All work in the public right-of-way pursuant to this chapter shall be performed in accordance with the standard plans and specifications of the dDepartment, the design manual, and any dDepartment orders, regulations, or rules, except where the Director grants, for good cause shown,prior written approval to deviate from such standard plans and specifications, the design manual, orders, regulations, or rules. (3582-11/02) 8 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3780 12.13.110 Construction work--Licensed contractor required.No construction work of any kind shall be done or performed upon any public right-of-way, in the City unless done according to City orders, regulations, rules of standard plans and by a contractor licensed by the State of California to perform that class of work. (3582-11/02) 12.13.120 Street excavation moratorium- no permit shall be issued. In order to preserve the ride quality, structural integrity and appearance of newly constructed or renovated streets, permission to excavate in newly constructed or renovated streets will not be granted for three (3) years after completion of street renovation as shown by the filing of a Notice of Completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are as follows: (3582-11/02) (a) Emergency which endangers life or property. (3582-11/02) (b) Interruption of essential utility service. (3582-11/02) (c) Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City of Huntington Beach. (3582-11/02) (d) Service lateral for buildings or facility where the applicant has no other means of providing service exists. (3582-11/02) (e) Other situations deemed by the City's Public Works Commission to be in the best interest of the general public. (3582-11/02) All permits which are issued under A(a) through E (e) above shall be in accordance with the specified enhanced standards, details and specifications established by and on file in the Department, unless otherwise approved by the Director. (3582-11/02) 12.13.130 Underground service alert. Any person excavating in the public right-of-way shall comply with the requirements of the underground service alert regarding notification of excavation and marking of subsurface facilities. (3582-11/02) It shall be the responsibility of Applicant to mark its facilities with search wire if possible and to locate and mark or otherwise visibly indicate and alert others to the location of its underground facilities before employees, agents, of independent contractors of any entity perform work in the marked-off area. Applicant shall participate in and adhere to the practices of Underground Services Alert ("USA") or its successor notification system and provide at least forty-eight (48) hours prior notice to USA prior to any excavation. 12.13.140 Stop work order, permit modification, and permit revocation. When the Director has determined a person has violated this chapter, or any condition of the permit, or that an excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, or when the Director determines there is a paramount public purpose,the Director is authorized to issue a stop 9 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 work order, to impose new conditions upon a permit, or to suspend or revoke a permit by notifying the permittee of such action in writing. (3582-11/02) 12.13.150 Restoration. (a) Like New Restoration. For all projects for which any permit under this Chapter has been issued,the permittee shall restore or cause to be restored any area upon which work has been performed to like new condition. Such restoration shall be done in the manner prescribed by the standard plans and specifications,the design manual, orders, regulations, and rules of the dDepartment. (3582-11/02) (b) Modification to Requirements. Upon written request from the permittee,the Director, in his or her discretion and for good cause shown, may approve in writing modifications to the requirements of this section. (3582-11/02) 12.13.160 Repair by the Department. (a) In the event any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice as set forth in this chapter,the Director shall repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the dDepartment for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the dDepartment or other departments or agencies of the City made necessary by reason of the repair or restoration undertaken by the dDepartment. (3582-11/02) (b) Repair or restoration by the dDepartment in accordance with this chapter shall not relieve the person(s) from any and all liability at the site of the repair or restoration, including, but not limited to, future failures for any portions of work completed by permittee. (3582-11/02) 12.13.170 Emergency remediation by the Department. (a) If, in the judgment of the Director,the site of an excavation is considered hazardous, constitutes a public nuisance,public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the Director shall order the condition remedied by written, oral,telephonic or facsimile communication to the owner, applicant, or any agent thereof and shall designate the owner or applicant as the responsible party. (3582-11/02) (b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication, the Director shall remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the dDepartment for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation,repair, restoration, or any other actual costs incurred by the dDepartment or other departments or agencies of the City made necessary by reason of the emergency remediation undertaken by the Department. (3582-11102) 10 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 12.13.180 Suspension of applications and permits. No person subject to any outstanding violation of this chapter shall apply for nor be issued any permit hereunder. (3582-11/02) 12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit that are visible from the surface of the public right-of-way shall be clearly identified with the name of the current owner of the facilities. Upon demand of the Director, within six months of change in ownership of a facility(ies), the identification required by this section shall indicate the new owner. (3582-11/02) 12.13.200 City Repaving Plan. The Director of Public Works shall prepare a two (2) year repaving plan showing the street surfacing planned by the City for the next two (2) years. The two year repaving plan will be made available to utilities at all times to assist them. (3582-11/02) 12.13.210 Coordination with City. (a) Prior to designing facilities and applying for an excavation permit in the City's public right-of-ways, applicants shall review other utilities' master plans and the City's two (2) year repaving plan on file with the Director. The applicant shall coordinate,to the extent practicable, with other planned utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rights-of-way. (3582-11/02) (b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits. (3582-11102) (c)Permit Available On-Site. The permit or a photo duplicate shall be available for review at the site of the excavation for the duration of the excavation and shall be shown, upon request, to any police officer or any employee of a City agency, board, commission, or Department with jurisdictional responsibility over activities in the public right-of- way. 12.13.220 Blanket Permits. The Director may issue a blanket permit to an Applicant to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section and shall comply with all requirements of this chapter not inconsistent with this section and all fees set by resolution of the City Council shall be paid. 12.13.230 Construction Status Report. (a) During construction, Applicant shall, at the request of the Director, submit to the Director regular progress reports describing in detail the status of construction in relation to the plans and specifications. The first 11 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 report shall be submitted within seven days after commencement of construction and shall be updated every seven days thereafter, as may be required by the permit. Work plans shall be provided in advance to the Director for review and approval. (b) Notification. Applicant shall provide written notification to the Director of nv construction and/or maintenance activities undertaken in public right-of-way, whether undertaken pursuant to permit or otherwise, within five business days of commencement of such activities unless the activities have been previously reported to the Director. 12.13.240 Conditions of Use of Public Right-of-Way. (a) All facilities of Applicant shall be so located, constructed, installed and maintained so as not to endanger, interfere with or limit the usual and customary use and/or traffic and travel upon the public right-of-way as well as adjacent private property pursuant to a traffic control plan to be approved by the Director. (b) In the event Applicant creates a hazardous or unsafe condition or an unreasonable interference with property, such Applicant shall remove or modify that part of the facility to eliminate such condition from the subject property. (c) Applicant shall not place equipment where it will interfere with existing and known future City uses of the public right-of-way, with the rights of private property owners as determined by the Director, with gas, electric, cable, telephone fixtures, water, sewer and storm drain lines and appurtenances, fire hydrants, traffic signal facilities, street light facilities, or any wastewater stations, with any traffic control system, or any other City facility. (d) Applicant, at its own expense and pursuant to a timeline approved by the Director, shall protect the public right-of-way and support or temporarily disconnect or relocate any of Applicant's facilities when necessitated by reason of: 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closure not for the benefit of a private party; 4. Street construction or resurfacing; 5. A change or establishment of street grade; and 12 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 6. Installation of sewers, water and storm drain lines and appurtenances, lift stations, street light facilities, traffic signal facilities, tracks, or any other public use of the right-of-way. 12.13.250 Excavations. (a) Applicability. Each excavation in the public right-of-way pursuant to this chapter shall be performed in accordance with this chapter and with the standard plans and specifications of the Department and any Department orders, regulations or rules, except where the Director, at his or her discretion, grants prior written approval to deviate from the standard plans and specifications, orders, or regulations. The Director shall develop guidelines to implement the granting of waivers authorized pursuant to this chapter. (b) Notices. The Director may require reasonable notice from Applicant if Applicant excavates or causes an excavation in the public right-of-way in a manner that, due to duration or location of the excavation, has the potential to disrupt traffic flow or adjacent properties. All notices are subject to the prior review of the Director and shall include: 1. Post and maintain notice at the site of the excavation. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place at least seventy- two (72) hours prior to commencement of the excavation. 2. At least ten calendar days prior to commencement of the excavation, Applicant shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (b)(1) and the name, address, and twenty-four (24) hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation, or 3. At least ten calendar days prior to commencement of the excavation, Applicant shall also deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This 13 06-595/6851 LEGISLATIVE DRAFT Ordinance No. 3780 written notice shall include the same information that is required for the written notice pursuant to subsection (b)(2) of this section. (c) Notice for Emergency Excavation. For emergency excavation, Applicant shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed, and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place. (d) Marking of Subsurface Facilities. If Applicant excavates in the public right-of-way, it shall comply with the requirements of the underground service location regarding notification of excavation and marking of subsurface facilities. Applicant shall provide underground service location with the assigned number of the permit to excavate or other information as may be necessary to properly identify the proposed excavation. 11/02 14 06-595/6851 LEGISLATIVE DRAFT Ordinance No.3781 Huntington Beach Municipal Code 12.38.010--12.38.050 CHAPTER 12.38 ENCROACHMENTS (3016-10/89) Sections: 12.38.010 Encroachment permit required 12.38.020 Permit not required 12.38.030 Prohibited encroachments 12.38.040 Application procedure 12.38.045 Duration and validity 12.38.050 Viet tiers: -infr-aetiei� 12.38.060 Hold harmless 12.38.010 Encroachment permit re wired. In addition to any agreement, license, permit or franchise required by this Code or the Zoning and Subdivision Ordinance or any permit or entitlement required by state and federal law, tThe following uses may temporarily encroach into the public right-of-way subject to the issuance of an encroachment permit by the Department of Public Works and the payment of all applicable fees as set by resolution of the City Council: (3016-10/89) (a) Structural Elements (3016-10/89) (b) Signs (3016-10/89) (c) Lighting (3016-10/89) (d) Parkway modification including surfacing, tree or shrub removal and/or planting. (3016-10/89) (e) Unusual architectural treatment, appendages, or fixtures, such as awnings. (3016-10/89) (f) Shrub planting and removal. (3016-10/89) 12.38.020 Permit not required. Private encroachments not requiring a permit. (3016-10/89) (a) Parkway lawn and ground cover. (3016-10/89) (b) Parkway sprinkling systems. (3016-10/89) (c) Use of public streets and projections over public property which are covered by the Uniform Buildin Code under a valid building permit issued by the City. (3016-10/89) 12.38.030 Prohibited encroachments. (a) Parkway surface of loose rock or gravel. (3016-10/89) (b) Private dwellings and appendages, except as provided for in the Uniform Building. (3016-10/89) 12.38.040 Application procedure. Application for any permit as required by this policy shall be filed with the Public Works Department on a form provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Public Works review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. (3016-10/89) 1 06-595/6849 LEGISLATIVE DRAFT Ordinance No. 3781 12.38.045 Duration and validity. (a) Permits shall be void if the project, including restoration, has not been completed within sixty days; provided, however, that the Director, in his or her discretion for good cause shown, may issue one thirty day extension to the start date and one thirty-day extension to the duration of a permit upon written request from the permittee and payment of any applicable fees. The Director may issue additional extensions as may be appropriate in his or her discretion. (b) Permits are not transferable without proof of current business license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing_service under the permit and evidence of insurance as specified bfResolution of the City Council, and the written consent of the permittee and the Director. 12.38.060 Hold harmless. Every person or other entity which encroaches on a public right-of- way shall enter into written agreement with the City and approved as to form by the City Attorney, whereby the person or entity agrees to indemnify and hold harmless the City, in compliance with the current requirements of the City. A permittee will be required to supply the City, prior to construction,proof of insurance in compliance with City's current requirements. (3016-10/89) 2 06-595/6849 LEGISLATIVE DRAFT Ordinance No. 3782 Chapter 12.4-8 WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORKS seetion-s: 12.48.020 De€inifioiis mac.�8�.0--vrcaic-vr the TrcazehrJc 12.4e.070�reucn of Fr-anehise 1 n a l 00 Fees and Taxes 12.48.130 Damage to Right af-Way 12.48-5n Utilities —z-2.48.170 E rfefeement 12.48.010 Seope of Chapter- (a) No per-son shall install of maintain any r-adie netwefk or-other-similar-wifeless eemmunieati faeility utilizing tfaftsmittefs, r-eeeiver-s, amplifiefs of other-equipment leea4ed within the publie r4gM of way unless installed in aeeer-danee with a ffanehise agfeement granted by the fty wires within the publie fight of way, provided that a ffanehise for- eaeh faeflity has been obtained giant to this Code of thctiIieUtilities Gede.—����; (b) Any radio network or-othef siimilaf type of wireless eaffimunieation f4eility whieh is in vielat E)f the pfovisions of this Chapter-at the time of adeption of this Ghapter-shall be i:effieved wiffiin thifty(30) days of the e€f tive date of this ' (3348 4/971) inelRdifi-gthe FCC afid P JC 334&t97) (b) "PUG" "'eats the Calif,-. i D4he Utilities Commission. p-3T4&A "City" means the City of Huntington Beaeh.—kMqASl-Al--Zl "Effeetive Date" means the date a ffanehise agfeement is aeeepted by the (334&AlO7) t "FCC" means the Fedefcal Commenieations Comm'r9siE)fi-.—(34&4to "Fee" means any > > > > > tax (but exeluding any utility tt ta�oflev w f'1�nposedb goyefnnirenta4 bedy.—(334&Am7} 12 na 020(g) 12 nQ 030(G 06-595 / 6852 LEGISLATIVE DRAFT Ordinance No.3782 n rr of n Agreement" install, > netwefk in the p4lie fight of way as pfevided p348-4w) rr rr means a per-san granted a ffanehise undef this Chapter-by City . (a34&4 m "Laws" > > rr n means an individual, a eefpefatien, a limited liability eempany, a getiefal of lifnited > a jein4 vefitufe, a business tfust, and any athef fafm of business asseeiati0il----� �4&AP 7) n n feser-vation> tefm, of othef stipulation in the Ffa-nehise that defines of athefwise > > > shall be deemed to be both eenvenants an e0 t16irs—i-any T$— 7 nPublie Right of n "Radiofeads, lanes, eetit4s, ways, alleys,boulevafds, aiid plaees, ineludifig, without limitation, all p utility easements and publie sen,iee easements, as the saffie now of may thefeaftef exist that af undef the jur-isdietien of the City. This tefm shall not inelude any pfapefty owned by any pefs between the City and any sueh pefsen of ageney.—p34&4w) n , even if sacrrvcCI'=ii less than rthe cnirrc—rir0 P � rrRadio Network" n n > amplifiefs, fadie fepea4efs, miefewaves and similar-types ef equipment urdefthis Chapter, ( /971) rr n o�isio rs of this Chaptef. -434&4�M (b) The ffanehisee shall eemply with all applieable laws in the exefeise and peffeffflanee of its fights and ebligations undef the ffanehise. Nothing in the ffatiehi �t shall be deemed to waive the fequifements of this Chaptef and of the vafioes eedes and efdina-nees of the City, ineludii+g these fegafding enefeaehment pefmits, fees to be paid or-the imai+nef of eenstfuefiep,.—ta348-4tM (e) Any ffanehise gfanted pefstiant to this Chaptef shall be limited to these leefftions in the Cit 06-595 / 6852 LEGISLATIVE DRAFT Ordinance No. 3782 (d) The grant of a fr-anehise by the City is subjeet to whatevef fight, intef!est of privilege ethefs may i4eilifies are leea4ed(3348 4/97) tefm of a fr-anehise, the City may grant to other-pefsens the right to install radio networks wi the publie right (334Q) , Attei� Risk anagef Peeified in the rr�"-canehise-&gfee ei��/2 AP-AlQ-7X 12 44 non r hi /a3❑,_o/oQ� r.�v�v—vriH3t-6r�lii�isircrrrJ��o,--�.�o� (a) Any entity may apply fef the grant of a iiew (3,381 2/98), (�3Q��&-2/w the Couneil, eaeh appheant, and any existing fr-anehisees. Upon feeeipt of said report, a p4lie hea-r-ing shall be natieed to eeiisidef the appfE)-,,al of the appheation. City shall give all &Eisfin (-33a 1-xw (d) The City may, at any time prior-to the elose E)f the publie heafing, fequir-e the applieaiit to pr-evide appfeved—. ( -2% (e) Following the pttblie heafing, the Catineil, at its disefetion, shall detefmine whether-to approve the of g ,-ling the interests ,.f the ! ity and n p,,1.1;e (3381 2/98) analyze the appheation. in addition, the applieafA shall feiffibufse the City fef all , /2ZQ1_7/W 7 fees, . 9 o---=*-moo/ publie. Sueh fr-aiiehise eannot in any event be said, tr-ansfeffed, !eased, assigned or-disposed(a) Any franehise granted undef this Chaptef shall be a privilege to be held faf the benefit of t , 10 n4 060(b)- 17 nQ rnn/tivo) Huntington Beach Muniempal C 06-595 16852 LEGISLATIVE DRAFT Ordinance No. 3782 �� • as used in this seetion is not limited to sales by major- , but , , unless and entil the City shall have eansented thereto, w-hieh eensent will not be unfeasenably party, and the ffanehisee shall assist the City in any sueh inquify. This ffanehise shall not be assigned by ffa-nehisee without the —F.ess itten eEffiseint of the City whieh eensent shall nat unr-easona ly withheld. Any att ..ent in violation of this seetion shall be veid. (3348 4197) 12 4Q non u,,,,neh of F ,r .►,;� (a) The City fesef-,,es the right to teffflinate any ffa-nehise and/of assess fines and penalties in the following eifeumstanees, eaeh of w-hieh shall represent a defaiilt and bfeaeh undef this Chaptff and ff anehlSe!-(3348 4/97 (2) if the fr-a-nehisee fails to provide of maintain in fidl! fafee and effeet the liability and 00 0or- anypr-aetieesffa-udor-deeeupon , 1o.-.To-Tw (5) The f;-.,,,ehisee l,o,.,ffie., ; elyent, ,an able of unwilling to pay its debts. i3n�3 4/97) iiirr'rov. penalty,(1) The City may fflake wfitten demand that the ffa-nehisee eeffiply with any sueh feqttif emei+t-, limitation, tefm, eendition, fule of fegulatien of eeffeet any aetion deemed ea-use for- meeting agenda. The Gity shall cause to besen�ed-"on sueh ffanehisee, at least to (I�i days pfiE)f to the date aisueh C-Auvneil meeting, a wfitten fietiee of the intent to fequest sueh pen.hies, fines o.t -.,,;,.,,t; n the time and,.1. ,,e.file meet; R i�3n���;A-q) ,.,,, , >, failure,o ef;,s.,1 egleet b y the f;., b with t . p34&4/q-7) 'vTc''rrettte��6�ik3�- , '• rr��v was `v'v i sir�u�� .�.a.:..� 12 n4 070(bv3)_12 na non(,.) 06-595 /6852 I Is - - . ; NO IN Is Is ZRASILMSOALM WIM aw M. 11 UTZ RM.- is.Is A Is ZSCINNAMIN P-9all1iill!il!ii!lllllllll SIR!: . . Will IN ••• k MI pm IN MIN ISM No Pik • • � • �ssi�� •�i•.rii wig:� - •� ow 111A Ago MMA� ... ... AN ... ... - - IlifliffilJoffi LEGISLATIVE DRAFT Ordinance No.3782 12 n4 160(b)(2) 49 na tun liability f—failtife to natify the ra(3) That fr-anehisee's insufatiee *' - i---" -nd fifst dollar-as fespeet to any other-v9id e Gity may have and any othef iiisufanee the City does possess shall be eonsider-ed exe 1y a shall not be iequifeu to eentfioclte with this (a34 m7-) -iu�icc�e����To T,� 0 Genipeiisatie lasufanee and Safety Ae4s of the State of CalifeR-Aa; the appheable provisions of Divisions 4 laws > ll nd ld hafffiless ainst all , demands, payments, suits, aetieiis, pfeeeedings and judgments of evefy nattife desefiption, > > of feeevefed against City, f6f of on aeeE)ttnt, st t„tofy, o e t City iii eh f:,,-m as is aeeeptable t the City Att,fney. 934 Ap97) aiid shall be r-&ted at least A:X iii AM Best & Gompati�,'s hiser-anee Guide. insufaftee eeffifie is"sded by neii admittedee 6eir�e iiet aeeept-able—(33a8 4/97) (3348 4W) ffanehisee of all of the work, > installatieii, the ff eh;s ee. (3348 Q97) 12 48 1'70 Enfor-eeme.,+ (3348 4197 338i 2yW The City y A,1 st tee of his ,-hef ao ee shall f;-. ehises ganted iide-this (''L.apte � � 12 44 180 S .,b l;ty (3348 aim 3381—wW if any subseetioti, subdivision, sei-Aeiiee, 1 0 phfase> > of the appheation thefeef to any pefseti, is for-a-ny feasen held to iiet affeet the validity of the r-efflaitiing poftioii E)f this Chapter-of its appheation to other-per-setis. Th-e Gity Gotmeil hefeby deelafes tha4 it would have adopted this Chapter-a-Rd eaeh > , subdivision, setitenee, elause, phfase of poffieii thefeef-, seetion or-pei4ietis of the appheation thefeef to > sidbseefions, > seiiteiiees, > phfases, any pefsaii, by deel, ed invor-alidtmeonstitttfiE)iia47—p34&4tq7) 06-595 / 6852 LEGISLATIVE DRAFT Ordinance No.3783 Huntington Beach Municipal Code 17.64.010- 17.64.020(e) Chapter 17.64 UNDERGROUNDING OF UTILITIES (2222-12177,2382-7/79,2975-12JR8,3635-5104) Sections: 17.64.010 Definitions 17.64.020 Underground utilities coordinating committee established 17.64.030 Duties 17.64.040 Planning Commission review 17.64.050 Underground public utilities facilities 17.64.060 Overhead installation 17.64.070 Conversion of overhead facilities 17.64.080 Underground trenches 17.64.090 Public hearing by Council 17.64.100 Council may designate underground utility districts by resolution 17.64.110 Unlawful to erect or maintain overhead utilities within district 17.64.120 Exceptions--Emergency or unusual circumstance declared exception 17.64.130 Exceptions to this chapter 17.64.135 Abandoned/non-use—notice to City 17.64.140 Community antenna television service 17.64.150 Director of Public Works--Authority of 17.64.160 Director of Planning--Authority of 17.64.170 City Council--Appeal to 17.64.180 Notice to property owners and utility companies 17.64.190 Responsibility of utility companies 17.64.200 Responsibility of property owners 17.64.210 Responsibility of city 17.64.220 Extension of time 17.64.010 Definitions. The following terms or phrases as used in this chapter shall, unless the context indicates otherwise, have the respective meanings herein set forth: (a) "Commission" shall mean the Public Utilities Commission of the state of California. (b) "Underground utility district" or "district" shall mean that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provision of section 17.64.110 of this chapter. (c) "Poles, overhead wires and associated overhead structures;" shall mean poles,towers, supports,wires, conductors, guys, stubs,platforms, crossarms,braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used, or useful, in supplying electric, communication or similar or associated service. (d) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (2222-12177) 17.64.020 Underground utilities coordinating committee--Established. There is hereby established an underground utilities coordinating committee, appointed by the 1 06-595/6854 LEGISLATIVE DRAFT Ordinance No. 3783 City Council, which said committee shall consist of five(5)members as follows: (2222-12/77, 2382-7/79,2975-12/88) (a) Director of Public Works; (b) Director of Planning; (c) One city employee appointed by the City Administrator; (d) District representative, Southern California Edison Company; and (e) Senior engineer, Public Improvements, Genefal Telephone Company Verizon. 17.64.030 Duties. It shall be the duty of the committee to advise the City Council with respect to all technical aspects of the undergrounding of public utilities within the city of Huntington Beach and in that regard the committee shall: (a) Determine the location and priority of conversion work within the city; (b) Recommend specific projects and methods of financing; (c) Recommend time limitation for completion of projects and extensions of time; (d) Develop a long-range plan for establishing underground utilities districts; (e) Perform such other duties as may be assigned to it by the City Council. The Director of Public Works shall be chairn-anperson of said committee. A majority of the members of the committee, or their authorized representatives, present at any meeting shall constitute a quorum. Said committee shall meet upon call of the chairperson. Members of the committee shall serve at the pleasure of the City Council and without compensation. (2222-12/77) 17.64.040 Planning Commission review. Prior to submitting reports to the City Council, the committee shall submit all undergrounding plans to the Planning Commission in order to ascertain its recommendations with respect to comprehensive planning for the city, and the effect of such proposed undergrounding plans thereon. (2222-12/77) 17.64.050 Underground public utilities facilities. All new public and private utility lines and distribution facilities, including but not limited to electric, communications, street lighting, and cable television lines, shall be installed underground, except that surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities located on private property or installed pursuant to a franchise or other agreement need not be installed underground, and provided further that cable television lines may be installed on existing utility poles within subdivisions developed with overhead utility lines.... This section shall not apply to main feeder lines or transmission lines located within the public right-of-way of an arterial highway as shown in the circulation element of the general plan. (2222-12/77) 17.64.060 Overhead installation. Installation of overhead utility lines is permitted for the following: (a) Relocation and/or the increase of the size of service on a lot when it does not necessitate any increase in the number of existing overhead lines and/or utility poles; 2 06-595/6854 LEGISLATIVE DRAFT Ordinance No.3783 (b) Any new service when utility poles exist along abutting property lines prior to February 15, 1967, and which are not separated by any alley or public right-of-way and no additional utility poles are required; (c) Temporary uses, including directional signs,temporary stands, construction poles, water pumps, and similar uses; (d) Oil well services. (2222-12/77) 17.64.070 Conversion of overhead utilities. Any new overhead service which is permitted by these provisions shall have installed a service panel to facilitate conversion to underground utilities at a future date. (2222-12177) 17.64.080 Underground trenches. All underground utility lines in residential developments which are installed on private property shall be located along lot lines. However, the trench for service lines may curve from the lot line to the building at the nearest, most practical location. This provision is intended to reduce conflicts which may occur in future construction because of existing underground utility lines. (2222-12/77) 17.64.090 Public hearing by Council. The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten(10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons affected shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (2222-12/77) 17.64.100 Council may designate underground utility districts by resolution. If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area,the Council shall,by resolution adopted by affirmative vote of at least five (5) members of the City Council, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district,the reason for placing public utilities underground(see Public Utilities Commission Rule 20), and shall fix the time within which such affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (2222-12/77) 3 06-595/6854 LEGISLATIVE DRAFT Ordinance No. 3783 17.64.110 Unlawful to erect or maintain overhead utilities within district. Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated structures therein, as provided in section 17.64.100 hereof, it shall be unlawful for any person or utility to erect, construct,place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be rcmoved by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in section 17.64.200 hereof, and for such reasonable time as may be required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (2222-12/77) 17.64.120 Exceptions--Emergency or unusual circumstance declared exception. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten (10) days without authority of the Council in order to provide emergency service. In such case, the Director of Public Works shall be notified in writing prior to the installation of the facilities. The Council may grant special permission on such terms as the Council may deem appropriate in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles overhead wires and associated overhead structures. (2222-12/77) 17.64.130 Exceptions to this chapter. The following shall be excluded from the provisions of this chapter unless otherwise provided in the resolution designating the underground utilities district: (a) Poles or electroliers used exclusively for street lighting. (b) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (c) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (d) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (f) Antennas, asseeiated o nt and suppet4ing s+..,,,tur-es used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface-mounted transformers,pedestal-mounted terminal boxes and water cabinets and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (2222-12/77) 4 06-595/6854 LEGISLATIVE DRAFT Ordinance No.3783 (i) Utilities with existing on-pole services as of the date of this ordinance, where the utility is not the sole user of the poles, and where the utility is replacing one single wire, cable, or line with another or adding an additional smaller wire, cable or line, provided that utility will be placed underground at the time the other utility utilizing the poles places its service underground. (3635-5/04) 17.64.135 Lines not in use—notice to City. At any time a line, cable or wire is taken out of service, or abandoned or is otherwise no longer used,the utility shall give notice of non-use to the City. Within six (6)months of the time upon which the line, cable or wire ceases to be used(the notice date) the utility shall remove the line, cable or wire from the Poles. (3635-5/04) 17.64.140 Community antenna television service. Distribution lines and individual service lines for community antenna television(CATV) service shall be installed underground in all new developments within the city. All new CATV installations in said new developments shall be made in accordance with specifications adopted by City Council resolution. Said improvements within the public right-of-way,upon completion, shall be dedicated to the city of Huntington Beach. (2222-12/77) 17.64.150 Director of nPublic wWorks--Authority of. The Director of Public Works shall have the authority to waive the requirements of section 17.64.140 with respect to improvements within the public right-of-way when, in his or her judgment, it is determined to be in the best interest of the city so to do, based upon the following criteria: (a) Whenever engineering plans and specifications are not required. (b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc. would have to be removed and replaced. (c) The location of existing overhead facilities. (d) The location of existing structures. (e) The condition of existing street improvements. (f) The amount of lineal footage of CATV facilities involved. (2222-12/77) 17.64.160 Director of Community Deveioi3men4PIanning--Authorit-V of. The Director of Planning shall have the authority to waive the on- site requirements, as set out in section 17.64.140, when, in his or her judgment, it is determined to be in the best interest of the city so to do, based upon the following criteria: (2975-12/88) (a) Where existing improvements would have to be removed and replaced. (b) The location of existing overhead facilities. (c) The location of existing structures. (d) The condition of existing improvements. (e) The amount of lineal footage of CATV facilities involved. (f) The interface of the new development to the existing development on the site. 5 06-595/6854 LEGISLATIVE DRAFT Ordinance No. 3783 (g) The interface to similar facilities required off site. (2222-12177) 17.64.170 City Council--Appeal to. Any landowner or developer affected may appeal the determination of the Director of Public Works or the dDirector of Cemmunit DevelepinePAPIanning to the City Council. (2222-12/77) 17.64.180 Notice to property owners and utility companies. Within ten(10) days after the effective date of a resolution adopted pursuant to section 17.64.110 hereof,the City Clerk shall notify all affected utilities and all person owning real property within the district created by said resolution, of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service,they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. (2222-12/77) 17.64.190 Responsibility of utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 17.64.110 hereof,the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (2222-12/77) 17.64.200 Responsibility of property owners. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 17.64.190, and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 17.64.110 hereof, the City Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within thirty(30) days after receipt of such notice. 12/88 (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons,the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, and the notice must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, city of Huntington Beach. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty- eight(48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises,the City Engineer shall,within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than 8" x 10" in size,to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the required under ground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty(30) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and 6 06-595/6854 LEGISLATIVE DRAFT Ordinance No. 3783 expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty(30) days, the said required underground facilities have not been provided,the City Engineer shall forthwith proceed to do the work, provided,however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall in lieu of providing the required undergrounding facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten(10) days thereafter. (e) The City Clerk shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests,the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within fifteen (15) days after its confirmation by the Council,the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of 6 percent per annum. (2222-12/77) 17.64.210 Responsibility of city. City shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 17.64.110 hereof. (2222-12/77) 17.64.220 Extension of time. In the event that any act required by this chapter or by a resolution adopted pursuant to section 17.64.110 hereof cannot be performed within the time provided because of shortage of materials, war,restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor,then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (2222-12/77) 12/88 7 06-595/6854 • • • ATTACHMENT #4 March 5, 2007—CouncillAgency Minutes—Page 8 of 16 (City Council) Adopted Urgency Ordinance No.3766,Conducted a Public Hearing and Approved Establishing a Temporary Moratorium on the Installation of Wireless Telecommunication Facilities Including Those in the Public Right-of- Way,Extended Interim Ordinance No.3748 Through March 18,2008,Adopted Specific Findings Regarding the Detriment to the Public Health,Welfare and Safety and Declaring the Urgency Thereof to Take Effect immediately Mayor Coerper announced that this was the time noticed for a public hearing to consider the following Statement of Issue: Should the City adopt an extension to Interim Ordinance No. 3748, including interim regulations that will allow providers to apply for permits for wireless communications facilities throughout the City including the public right-of-way? Legal notice as provided to the City Clerk's Office by staff had been published and posted. Senior Deputy City Attorney Leonie Mulvihill presented a PowerPoint report titled Moratorium on Wireless Facilities,which was announced earlier as a Late Communication. Mayor Coerper declared the public hearing open. The Assistant City Clerk restated for the record the following Late Communication which pertains to this public hearing: . Communication submitted by City Attorney Jennifer McGrath dated March 5, 2007 and titled Late Communication, City Council Meeting of March 5, 2007,Agenda Item Number D-1, which includes the PowerPoint presentation for the hearing pertaining to the moratorium on wireless facilities. Leslie Daigle, representing Verizon Wireless, stated that no other city in California charges a fee for a wireless communication franchise and opined that such a fee is not authorized by law. She reiterated for the record that Verizon Wireless is opposed to the fee. (1:35:54) There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the Mayor declared the public hearing dosed. A motion was made by Hardy, second Cook to, after the City Clerk read by title, approve and adopt Urgency Ordinance No. 3766,An Interim Ordinance of the City Council of the City of Huntington Beach Establishing a Temporary Moratorium on the Installation of Wireless Telecommunication Facilities including Those in the Public Right-of-Way and Declaring the Urgency Thereof, To Take Effect Immediately and adopt specific findings regarding the detriment to the public health,welfare and safety and extending Interim Ordinance No. 3748 for one year. The motion carried by the following roil call vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy NOES: None 0 • • • ATTACHMENT #5 J� City of Huntington.Beach Planning Department S3'AFF RE-,`PRT HUNE ION®EACH - TO: Planning Commission FROM: Scott Hess, Director of Planning BY: Rosemary Medel, Associate Planner DATE: April 10, 2007 SUBJECT: ZONING TEXT AMENDMENT NO. 06-08 (AMENDING CHAPTER 230.96 WIRELESS COMMUNICATION FACILITIES) APPLICANT: City of Huntington Beach,2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: Zoning Text Amendment No. 06-08 request: - Amend Chapter 230(Site Standards), Section 230.96 (Wireless Communication Facilities)of the Huntington Beach Zoning and Subdivision Ordinance to allow the City to exercise reasonable control over the time, place,and manner of installation of wireless facilities including those in the public right-of-way. - Establish a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. . Staff's Recommendation: Approve Zoning Text Amendment No. 06-08 based upon the following: - The amendment will encourage and facilitate wireless facilities throughout the city while preventing visual clutter. - The introduction of the Wireless Permit will ensure that wireless facilities will not have adverse impacts citywide nor within the public right-of-way. - The amendment will require that when possible wireless facilities are located in the least obtrusive site necessary in order to continue wireless coverage in the area. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 06-08 with findings for approval (Attachment No. 1) and forward Draft Ordinance(Attachment No. 2), including the legislative draft to the City Council for adoption." B-1 ALTERNATIVE ACTIONN: The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 06-08 with findings for denial." B. "Continue Zoning Text Amendment No. 06-08 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 06-08 represents a request to amend Section 230.96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance pursuant to Chapter 247 (Amendments). The proposed ordinance allows the City to exercise reasonable control over the time, place,and manner of installation of wireless facilities including those in the public right-of-way. ISSUES• Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: Zoning Text Amendment(ZTA) No. 06-08 impacts all wireless facilities citywide regardless of location. 1�OCATiON GENERAL:PLAN ZONING" LAND USE Citywide All Land Use Categories All Zoning Categories All Land Uses General Plan Conformance: The proposed Zoning Text Amendment No. 06-08 is consistent with the goals, policies, and objectives of the City's General Plan as follows: Utilities Element Goal U 5: Maintain and expand service program to City of Huntington Beach residences and businesses. Obiective 5.1: Ensure that adequate natural gas, telecommunication and electrical systems are provided. Policy U 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. Policy U 5.1.3: Review requests for new utility facilities, relocations, or expansions to existing facilities. Policy U 5.1.4: Require the review of new or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the City's coastal corridors and entry nodes. The amended ordinance will encourage and facilitate wireless communication facilities where they are • invisible to pedestrians, and co-located with other facilities. PC Staff Report -04/10/07 2 (07sr02 ZTA 06-08) Ordinance No. 3780 (k) "Person" shall mean any natural person, owner, corporation,partnership,public tility franchise, or any governmental agency, including any agency other than the C� y of Huntington Beach, Department, the state of California, or United States of erica. (1) "Project"for purposes of this chapter shall mean any activity permitted der this chapter, including but not limited to excavation, construction, demolitio , obstruction of right-of-way, repair and building. (m) "Public right-of-way" shall mean the area across, along, beneath, i , on, over, under, upon, and within the dedicated public alleys, boulevards, courts,fl/anes, places, roads, sidewalks, streets, ways and City owned properties within the Vity, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works. 12.13.020 Erecting utility structures--Authority. It is unlaw 1 for any person, without a City franchise and/or City encroachment permit, or other authorit from the Director,to erect any telegraph,telephone, electric light or,transmission poles, facilities on or in any walk, street, alley or public place in this City, or to stretch any wires cables along or across said streets; or to lay any gas, oil or water pipes, or other pipelines alo g or across any streets in the City. As of March 17, 2007,the California Supre e Court, in the case entitled Sprint Technology PCS v. County of San Diego, will determine whether California Public Utilities Code Section 7901 grants astate-wide franchise to u the public rights-of--way for the purpose of installation of wireless communication faEnchise es. Pending resolution of this legal question, any applicant seeking to use the public right-oay must enter into a City franchise to install wireless communication facilities. The shall provide that the franchise fee payments shall be refunded to the applicant and tl�e franchise become null and void if and when the California Supreme Court establishedhat the provider has a state-wide franchise to install a wireless communication facility in public right-of-way. 12.13.030 Emergency situations. Nothingcontained in this chapter shall be construed to r prevent any person from takir g any action necessary for the preservation of life or property when such neces�i'y arises during days or times when the Department is closed. In the event that any person undertakes any project, as defined herein, in the public right- of-way made necessary by an immediate threat to health, safety, life or property, such person shall apply for an emergency permit within four hours after the Department's offices are first o .e/ned. The applicant for an emergency permit shall submit a written statement of th4a sis of the emergency action and describe the work performed. 12.13.035 Underground Facilities. All facilities constructed within the public right-of-way shall be up"lergrounded except for antennae. NO ACTION TAKEN 06-595/13597 3 Ordinance No. 3780 12.13.040 Obstructing or construction within public way--Permit required. It is unla 1 for any person to construct, repair, use, or obstruct any street, alley, sidewalk or public prop y within this City by placing thereon or therein any utility, building, stand, counter, fenc , lunch wagon, storage container, bandstand, structure, building material or tools, gravel, dirt excavation or obstruction of any kind whatsoever or performing any demolition, without a permit having first been issued therefor as hereinafter provided. 12.13.050 Duration and validity. (a) Permits shall be void if the project, including restoration, has not been completed within sixty days; provided, however, that the Director, in his or er discretion for good cause shown, may issue one thirty-day extension to the start date and one thirty-day extension to the duration of a permit upon written equest from the permittee and payment of any applicable fees. d (b) Permits are not transferable without proof of current b/tisiness license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing service under the permit and evidence of insurance as specified by Resolution of the City Council,' and the written consent of the permittee and the Director. 12.13.060 Penalty for exceeding time restrictions. A penalty shall be imposed upon any person who does not complete work requiring road or, ne closures within the established time frame. The penalty shall be in an amount set by resolution of the City Council and shall be based upon estimated costs to the traveling public due,to delays and additional travel distance around roadway closures. 12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan check, inspection and permits ees, set by resolution of the City Council. The State of California and the County of Orange, including entities such as special districts organized under state law, are fee exempt. At,,tie discretion of the Director, and upon proven City history of prompt payment and company fiscal integrity, the Director may request and make arrangements for alternative methods of collecting payment such as monthly billings. 12.13.080 Rea uired,information for permit. Before any project mentioned in this chapter may be commenced, the/person doing such work must provide the following information: (a) Applications for permits shall be submitted in the format and manner specified by the Director and shall contain: l, The name, address,telephone, and facsimile number of the applicant. Where an applicant is not the owner of the facility to be installed or maintained in the public right-of-way,the application also shall include the name, address, telephone, and facsimile number of the owner. If the application is submitted by an authorized agent of the Applicant or Owner, written authorization from the Applicant or Owner of facility shall be provided. MO ACT101q 06-595/13597 4 T A K E-_-N Ordinance No. 3780 2. A description of the location,purpose or use, method of construction, and surface and subsurface area of any proposed project. 3. Engineering plans, specifications and a network map of the facilities to/be located within the public right-of-way, including a map in electronic and/or other form required by the City. The plans and specifications shall show: a. The location of all existing and proposed facilities in the public right-of- way along proposed route including the type and location f existing and proposed pedestals and other above ground facilities. / r r b. Facility Information. Photographs or artist rendering's of all proposed facilities for the work area as well as their locations, dimensions, and color. Any modifications to plans and specifications must be reviewed and approved by the Director before modifications can be implemented by Applicant. In addition, Applicant shall provide the Director with engineering base maps identifying Applicant's existing underground and aerial utility facilities,poles,trench routes, and locations for above-ground equipment in the work area in both electronic form(digital or otherwise as specified by the Director)to the extent available and hard-copy form. c. Hours of Construction. All const/ction shall be accomplished and maintained between the hours,specified by the Director. Construction shall not interfere with the existing or known future services of the City or private or public third parties. d. Telephone Contact. Applicant shall provide the Director with a telephone contact number, an veered twenty-four(24)hours a day during the construction period, to enable the Director to report any concerns regarding construction of the facilities. After business hours such calls will be routed�to an on-call supervisor. In the event that the Director reports any concerns to Applicant, Applicant shall respond in a timely manner. Applicant shall immediately correct any adverse impact to the City's use or operations or the use or operations of a third party caused by Applicant's construction activities in the public right-of-way at no cost to tCity. Safety violations will be cause for immediate project shut-down. 7 e./The specific trees, structures, improvements,facilities and obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate. 4! Information regarding any excess capacity that will exist in such ducts or }% conduits after installation of Applicant's facilities. HO ACTION 06-595/13597 5 AKeM Ordinance No.3780 5. A Traffic Control Plan. In accordance with such guidelines established by the City. 6. The proposed start date of project. 7. The proposed duration of the project, which shall include the durationgof restoration of the public right-of-way physically disturbed by the pro I ct. k 8. A current business license issued by the City of Huntington Beach for the applicant and any subcontractors who will be providing services under the permit. ,f 9. Evidence of insurance for the applicant and owner as specified by Resolution of the City Council. 10. Companies may also be required by the Director to provide reasonable advance notice to the public via a public notificat on of the proposed quantity,precise dimensions, design, color, type;potential noise and location of above-ground facilities pursuant tP'/guidelines promulgated by the Director. The plan is subject to the prior`approval of the Director. The guidelines shall take into account the area/covered and impacts of the above-ground facilities. 11. Certifications. Upon request, Applicant shall provide copies of certifications, licenses, permits, franchises or other applicable approvals to construct and operate the facilities and to offer or provide the services. Applicant shall also provide certification that the Applicant will comply with all applicable local stab and federal requirements in the installation, operation, maintenance,I r removal of its facilities. 12. Any other information that may reasonably be required by the Department. (b) Action on applications ford permits as provided in this Chapter. 1. After receipt4f an application for a permit, the Department shall determine whether an application is complete. If the application is deemed to be incomplete, the Department shall advise the applicant in writing of the reasons for rejecting the a "lication as incomplete. 2. Ifhe application is deemed to be complete, the Department, in its discretion, shall /deny, approve, or conditionally approve the application. In order to preserve and /'maintain the public health, safety,welfare, and convenience, the Department may condition a permit with specified requirements including, but not limited to,those that limit or modify the facilities to be installed or maintained,the location of the facilities to be installed or maintained, and the time,place, and manner of work to be performed. HO ACTION 06-595/13597 6 TAKEN Ordinance No. 3780 3. If the application is denied,the Department shall advise the applicant in Ming of the basis for denial. 4. If the application is approved or conditionally approved, the Department shall issue a permit to the applicant. > 5. It is unlawful for any permittee to make, to cause, or permit tWbe made, any project in the public right-of-way outside the boundaries, times, and description set forth in the permit. / (c) The determination to grant or deny a permit shall be based upon the criteria set forth in this section. The Director shall consider the following: 1. The capacity of the public right-of-way to accommodate Applicant's proposed facilities and facilities"own to be needed in the future. �o 2. The capacity of the public right-of-way to accommodate known additional facilities if the permit is granted. * 3. The damage or disruption, if any, tor.the public right-of-way or any public or private facilities, improvements aesthetics, services,pedestrian or vehicle travel or landscaping if the permit is granted. 4. Visibility or sight distance impacts to other users of the public right-of- way. 5. The proposed facilitiesi mpact the design and construction of public streets, as well as intersections between City streets and roadways to ensure,to the maximum extent feasible, that streets and intersections are designed and constructed in a manner that will not adversely impact the health, safety and welfare of the cielzens of the City of Huntington Beach and others. 12.13.090 Construction wdrk-Permit denial—Appeal in general. In the event the Director refuses for any reason to-issue a permit,the applicant may petition the Public Works Commission, in writing for a hearing to consider said request. Any decision of the Commission, including but not limped to decisions to grant or deny permits, is appealable to the City Council who will consider the application de novo. 12.13.100 Orders, re ulations and rules of City Departments. All work in the ublic right-of-way pursuant to this chapter shall be performed in accordance with the standard plans and specifications of the Department,the design manual, and any Department orders, regulations, or rules, except where the Director grants, for good cause shown,prior written approval to deviate from such standard plans and specifications,the design manual,:orders, regulations, or rules. NO ACT10fq 06-595/13597 7 TAKEN Ordinance No. 3780 12.13.110 Construction work--Licensed contractor required.No construction work of y kind shall be done or performed upon any public right-of-way, in the City unless done ac rding to City orders,regulations, rules of standard plans and by a contractor licensed by the S to of California to perform that class of work. 12.13.120 Street excavation moratorium-no permit shall be issued. In order , preserve the ride quality, structural integrity and appearance of newly constructed or renovat e d streets, permission to excavate in newly constructed or renovated streets will not be gpanted for three (3) years after completion of street renovation as shown by the filing of a Notice of Completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are¢as follows: 4 (a) Emergency which endangers life or property. (b) Interruption of essential utility service. (c) Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governme�t6l entity with jurisdiction over the City of Huntington Beach. (d) Service lateral for buildings or facility where the applicant has no other means of providing service exists. (e) Other situations deemed by the City s Public Works Commission to be in the best interest of the general public. All permits which are issued under A, ough E above shall be in accordance with the specified enhanced standards, details and spe fications established by and on file in the Department, unless otherwise approved by the: irector. 12.13.130 Underground service alert. Any person excavating in the public right-of- way shall comply with the requirements of the underground service alert regarding notification of excavation�and marking of subsurface facilities. It shall be the responsibility of Applicant to mark its facilities with search wire if possible and to locate and mark or otherwisevisibly indicate and alert others to the location of its underground facilities before employees, agents, of independent contractors of any entity perform work in the marked-off area. Applicant shall participate in and adhere to the practices of Underground Setvices Alert ("USA") or its successor notification system and provide at least forty-eight(48)hours prior notice to USA prior to any excavation. 12.13.140 top work order, permit modification, and permit revocation. When the Director has determined a person has violated this chapter, or any condition of the permit, or that an excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, or when the Director determines there is a paramount public purpose, the Director is authorized to issue a stop NO ACTION 06-595/13597 8 TAKEN Ordinance No.3780 work order, to impose new conditions upon a permit, or to suspend or revoke a permit by// notifying the permittee of such action in writing. 12.13.150 Restoration. (a) Like New Restoration. For all projects for which any permit under this Chapter has been issued, the permittee shall restore or cause to be restored any area upon,which work has been performed to like new condition. Such restoration shall be done/in the manner prescribed by the standard plans and specifications, the design manual, orders, regulations, and rules of the Department. (b) Modification to Requirements. Upon written request from the permittee, the Director, in his or her discretion and for good cause shown, may approve;in writing modifications to the requirements of this section. ;�`' 12.13.160 Repair by the Department. (a) In the event any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice as set forth in thischapter, the Director shall repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s,)"identified by the Director as the responsible party shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other departments or agencies of the City made necessary by reason of the repair or restoration undertaken by the Department. (b) Repair or restoration by De a the rtLt in accordance with this chapter shall not relieve p , p the person(s) from any and all liability at the site of the repair or restoration, including, but not limited to, future failures for any portions of work completed by permittee. 12.13.170 Emereenev remediatiZby the Department. (a) If, in the judgment of tli'e Director, the site of an excavation is considered hazardous, constitutes a public nuisance,public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action, the Director shall order the condition remedied by written, oral, telephonic or facsimile communication to the owner, applicant, or any agent thereof and shall designate the owner or applicant as the responsible artrty. (b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action tQ(remedy the condition as specified in said communication,the Director shall remedy the condition or cause the condition to be remedied in such manner as the Dire tor deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any reasonable costs associated NO ACTION F. 06-595/13597 9 AKEN Ordinance No.3780 with the administration, construction, consultants, equipment, inspection, notifi)ation, remediation, repair, restoration, or any other actual costs incurred by the Department or other departments or agencies of the City made necessary by reason of the emergency remediation undertaken by the Department. 12.13.180 Suspension of applications and permits.No person subject to any" outstanding violation of this chapter shall apply for nor be issued any permit�chereunder. 12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit that are visible from the surface of the public right-of-way shall be clearly identified with the name of the current owner of the facilities. Upon demand of the Director, within six months of change in ownership of a facility(ies),the identification required by this section shall indicate the new owner. :. 12.13.200 City Repaving Plan. The Director of Public Wor<ks shall prepare a two (2) year repaving plan showing the street surfacing planned by the Gty for the next two (2) years. The two year repaving plan will be made available to utilities,di all times to assist them. 12.13.210 Coordination with Citv. (a) Prior to designing facilities and applyingfor an excavation permit in the City's public right-of-ways, applicants shall review other utilities' master plans and the City's two (2) year repaving plan on file with the Director. The applicant shall coordinate,to the extent practicable, with other planned utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rights-of-way. (b) To avoid future excavations and to reduce the number of street excavations, telecommunication comp Pies shall be requested, when practical,to install spare conduits. 12.13.220 Emerge c Exc vation. Nothing contained in this section shall be construed to prevent Applicant from taking any action necessary for the preservation of life or property or for th restoration of interrupted service provided by Applicant when such necessity arises during days or times when the Department is closed. In the event that Applicant takesrany action to excavate or cause to be excavated the public right-of- way pursuant to this section, Applicant shall apply for an emergency permit within twenty-four(24)�hours after the Department's offices first open. The applicant for an emergency permit shall submit a written statement the basis of the emergency action and describe the excavation performed and work remaining to be performed. 12.13.2251 Blanket Permits. The Director may issue a blanket permit to an Applicant to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and f r making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section and shall HO ACTION 06-595/13597 10 TAKEN Ordinance No. 3780 comply with all requirements of this chapter not inconsistent with this section and all fees set by resolution of the City Council shall be paid. 12.13.222 Construction Status Report. r/ (a) During construction, Applicant shall, at the request of the Director, sub itto the Director regular progress reports describing in detail the status of construction in relation to the plans and specifications. The first report shall be submitted within seven ays after commencement of construction and shall be updated every seven days thereafter, as may be required by the permit. Work plans shall be provided in advance/to the Director for review and approval. (b) Notification. Applicant shall provide written notification to`the Director of any construction and/or maintenance activities undertaken in public right-of-way, whether undertaken pursuant to permit or otherwise,with in five business days of commencement of such activities unless the activitievhave been previously reported to the Director. 12.13.230 Conditions of Use of Public Right-of-,Way. (a) All facilities of Applicant shall be so located; constructed, installed and maintained so as not to endanger, interfere with or lim t the usual and customary use and/or traffic and travel upon the public right-of-way as well as adjacent private property pursuant to a traffic control plan to be dpproved by the Director. ( ) In the event Applicant licant creates a ha�dous or unsafe condition or an unreasonable interference with property, such Applicant shall remove or modify that part of the facility to eliminate such condition from the subject property. (c) Applicant shall not lace e 'i ment where it will interfere with existingand known p p p future City uses of the pu, is right-of-way, with the rights of private property owners as determined l�the Director, with gas, electric, cable, sewer or telephone fixtures, with water hydrants and mains, with sewers, storm drains or v-ditches, or any wastewater stations, with any traffic control system, or any other City facility. (d) Applicant, at its own expense and pursuant to a timeline approved b the Director, pp Y shall protect th6ublic right-of-way and support or temporarily disconnect or relocate any of Applicant's facilities when necessitated by reason of: 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closure not for the benefit of a private party; F f/ 4. Street construction or resurfacing; HO ACTION 06-595/13597 11TAKEN Ordinance No.3780 5. A change or establishment of street grade; and 6. Installation of sewers, water and storm drain lines and appurtenances, lift stati s, street light facilities, traffic signal facilities, tracks, or any other public used f the right-of-way. 12.13.240 Excavations. (a) Applicability. Each excavation in the public right-of-way pursuant to/this chapter shall be performed in accordance with this chapter and with the standard plans and specifications of the Department and any Department orders or regulations, except where the Director, at his or her discretion, grants prior written approval to deviate from the standard plans and specifications, orders, or regulations. The Director shall develop guidelines to implement the granting of waivers authorized pursuant to this chapter. sa (b) Notices. The Director may require reasonable notice from Applicant if Applicant excavates or causes an excavation in the public rightof--way in a manner that, due to duration or location of the excavation, has the potential to disrupt traffic flow or adjacent properties. All notices are subject to the,)prior review of the Director and shall include: ry 1. Post and maintain notice at the site of the—excavation. The notice shall include the name,telephone number, and address of Applicant, a description of the excavation to be performed and the duration of the excavation. The notice shall be posted along any street where th excavation is to take place at least seventy- two (72)hours prior to commencement of the excavation. 2. At least ten calendar days prior 0� commencement of the excavation, Applicant shall provide written notice delivered by United States mail to each property owner on the street affectediby the excavation and each affected neighborhood and merchant organization 4hat is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection(b),(1) and the name, address, and twenty-four(24)hour telephone number of a person who will be available to provide information to and receive complaint 's from any member of the public concerning the excavation, or 3. At least ten cafe dar days prior to commencement of the excavation, Applicant also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required.for the written notice pursuant to subsection(b)(2) of this section. (c) Notice for Emergency Excavation. For emergency excavation, Applicant shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of Applicant, a A"T10tJ 06-595/13597 12 Ordinance No. 3780 J " description of the excavation to be performed, and the duration of the excavation. The notice shall be posted along any street where the excavation is to take pjace. (d) Marking of Subsurface Facilities. If Applicant excavates in the public right-of-way, it shall comply with the requirements of the underground service location regarding notification of excavation and marking of subsurface facilities. Applicant shall provide underground service location with the assigned number ofrthe permit to excavate or other information as may be necessary to properly identify the proposed excavation. ' SECTION 2. This ordinance shall become effective 30days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2007. 4jA Mayor ATTEST: '' APPROVED AS TO FORM: City Clerk qJity Attorney U" REVIE AND APPROVED: INITIATE AND PROVED: r City Administrator anni irec or NO ACTION TAKEN f{ t� f 06-595/13597 13 ORDINANCE NO. 3781 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.38 OF THE HUNTINGTON BEACH MUNLCIPAL CODE RELATING TO ENCROACHMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.38 of the Huntington Beach MunicipafCode is hereby amended to read as follows: CHAPTER 12.38 I ENCROACHMENTS (3016-10/89) Sections: ; 12.38.010 Encroachment permit required ' 12.38.020 Permit not required 12.38.030 Prohibited encroachments 12.38.040 Application procedure 12.38.045 Duration and validity ' 12.38.046 Penalty for exceeding time restrictions 12.38.050 Violation: infraction 12.38.060 Hold harmless 12.38.010 Encroachment permit required. In addition to any agreement, license, permit or franchise required by this Code or the Zoning and Subdivision Ordinance or any permit or entitlement required by state and federal law, the following uses may temporarily encroach into the public right-of-way subject to the issuance of an encroachment permit by the Department of Public Works and t e payment of all applicable fees as set by resolution of the City Council: (a) Structural Elements. HO ACTION (b) Signs. TAKEN (c) Lighting. (d) Parkway modification including surfacing, tree or shrub removal and/or planting. (e) Unusual archite aural treatment, appendages, or fixtures, such as awnings. (f) Shrub planting and removal. s 12.38.020 Permit not required. Private encroachments not requiring a permit. (a) Parkway lawn and ground cover. (b) Parkway sprinkling systems. (c) Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. 06-595/13598 1 Ordinance No. 3781 12.38.030 Prohibited encroachments. (a) Parkway surface of loose rock or gravel. (b) Private dwellings and appendages, except as provided for in the Uniform ZildingCode. 12.38.040 Application procedure. Application for any permit as require by this policy shall be filed with the Public Works Department on a form provided by tie City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Public Works review shall be prepared to scale. Plari and elevation drawings shall accurately depict location,height, and extent of the proposed encroachments. 12.38.045 Duration and validity. (a) Permits shall be void if the project, including restorat*n, has not been completed within sixty days; provided, however, that the Director, in his or her discretion for good cause shown, may issue one thirty-day extension to the start date and one thirty-day extension to the duration of a permit upon writte Arequest from the permittee and payment of any applicable fees. The Director ay issue additional extensions as may be appropriate in his or her discretion. (b) Permits are not transferable without proof f current business license issued by the City of Huntington Beach for the assignee an any subcontractors who will be providing service under the permit and evidence insurance as specified by Resolution of the City Council,' and the written consen of the permittee and the Director. 12.38.060 Hold harmless. Ev r other entity which encroaches on a public right- of-way shall enter into written with the City and approved as to form by the City Attorney, whereby the person oees to indemnify and hold harmless the City, in compliance with the current reof the City. A permittee will be required to supply the City, prior to construction, urance in compliance with City's current requirements. SECTION 2. This 7rd/ffianice become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on tae day of , 2007. Mayor ATTEST: APPROVED AS TO FORM: �f City Clerk' City Attorney "a�- REVIEWED AND APPROVED: INITIATE AND APPROVED: City Administrator Panning 16irector NO ACTION 06-595/13598 2 TAKEN ORDINANCE NO. 3782 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.48 OF THE HUNTINGTON BEACHMUNICIPAL CODE RELATING TO WIRELESS DIGITAL COMMUNICATIONS;4ZADIO NETWORKS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 12.48 of the Huntington Beach Municipal Code is hereby amended to remove it in its entirety. µ }, SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City uncil of the City of Huntington Beach at a regular meeting thereof held on the day of , 2007. Mayor ATTEST: APPROVED AS TOFORM- 1 lc City Clerk ,n_City ttorney WED AND AP'ROVED: vTIA' AND PPR VED:b4— Nlk�� 'v J RF�� � INI AT N O City Administrator i g i ector NO ACTION TAKEN 06-595/13599 ,.v ORDINANCE NO. 3783 AN ORDINANCE OF THE CITY OF HUNTINGTON BEA/ICIPAL AMENDING CHAPTER 17.64 OF THE HUNTINGTON BEACH M CODE RELATING TO UNDERGROUNDING OF UTILITIES r The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 17.64.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: J, 17.64.050 Underground public utilities facilities. All new public and private utility lines and distribution facilities, including but not limited"to electric, communications, street lighting, and cable television lines, shall be installed underground. Except as to communication facilities in the public right-of-way,:,surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets,;concealed ducts in an underground system and other equipment appurtenant to underground facilities need not be installed underground, and provided further that cable teievision lines may be installed on existing utility poles within subdivisions developed with overhead utility lines. This section shall not apply to main feede lines or transmission lines located within the 011 public right-of-way of an arterial highway as shown in the circulation element of the general plan. ' SECTION 2. Section 17.64.150 of the Huntington Beach Municipal Code is hereby amended to read as followws: 17.64.150 Director of Public Works--Authority of. The Director of Public Works shall have the authority to&waive the requirements of section 17.64.140 with respect to improvements within the public right-of-way when, in his/her judgment, it is determined to be in the best interej---�of the city so to do, based upon the following criteria: (a) Whenever engin ring plans and specifications are not required. (b) Where existil' improvements such as curbs and gutters, sidewalks, streets, etc. would have to be removed and replaced. (c) The location of existing overhead facilities. 140 (d) The to ation of existing structures. (e) TheOndition of existing street improvements. TAKEN ',,c (f) The amount of lineal footage of CATV facilities involved. 06-595/13600 1 Ordinance No. 3783 SECTION 3. Section 17.64.160 of the Huntington Beach Municipal Code i/Th hereby amended to read as follows: 17.64.160 Director of Planning--Authority of. The Director of Planning shall havauthority to waive the on-site requirements, as set out in section 17.64.140, when, in judgment, it is determined to be in the best interest of the city so to do,based upo "the following criteria: (a) Where existing improvements would have to be removed and replaced. " (b) The location of existing overhead facilities. y (c) The location of existing structures. `} (d) The condition of existing improvements. (e) The amount of lineal footage of CATV facilities involved. y (f) The interface of the new development to the existing development on the site. (g) The interface to similar facilities required off site. t. SECTION 4. Section 17.64.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 17.64.170 City Council--Anneal to. Any landowner or developer affected may appeal the determination of the Director of Public Works or the Director of Planning to the City Council. SECTION 5. This ordinance sh11 become effective 30 days after its adoption. PASSED AND ADOPTEDby the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2007. r Mayor ATTEST: 01= APPROVED AS TO FORM: City Clerk' g_� Q-�C ty Attorney �r T !%✓ tl REVII` ED AND APPROVED: INITIATED D PROVED: 4 � City Administrator Planning Directo NO ACTION 06-595/13600 2 TAKEN ATTACHMENT #3 LEGISLATIVE DRAFT for Ordinance No. 3779 230.96 Wireless Communication Facilities A. Purpose. The purpose of this Section is to encourage and facilitate wireless communications throughout the City, while preventing visual clutter by locating wireless communication facilities outside of residential zones and where they are invisible to pedestrians, and co-located with other facilities. All wireless communication facilities shall comply with these regulations with regard to their location, placement, construction, modification and design to protect the ofwifeless f edit es f r pr-eteetien of-public safety, general welfare, and quality of life in the City of Huntington Beach. B. Pefmit.12--Mffik-ed. > wa4l, roof, of are:-( vo-s 02) a. Ce leeated te appr-eved f4eilities at existing heights! f eet lies vAth the base dist-fie height limit for-fnedified faeilifies, and eemp4ible iN4th suffetffiding buildings aflA land es by .,+;,..g ste.,lth to..L.„iques. o (3668 amen � �) (36689102) height pefmiaed within the zoning list,-;..+• .,p.1 iaaaQ aloe level (six feet)--, te w-hieh it is to be mounted; ff-p66&a/o-1) uses by ineer-pefating stealth iaca4 a 24 2. Conditional use pefmit appr-eval by the Zoning Administrator- shall be fequifed fef all n__o_1,..., e al r-oof er-utility,v, «+ed) that ., a luau aims i366C�2 b. Visible f beyend the bo ram o 1.f the site at eye level (six feet); pf-pwa&-9i uses; 43356�'S/$2� o vshall be ofer- r-edevelepmepA areas, en publie right of ways, in OS PR and PS zones, in afeas siibje Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 1 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3779 that, , l with. etie i2 1 (3568 91nm BE. Definitions. For the purpose of this section,the following definitions for the following terms shall apply: (3568-9/02) 1. _Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. (3568-9/02) 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. (3568-9/02) 3. Completely Stealth Facility. Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to architecturally screened roof-mounted antennas, fagade mounted antennas treated as architectural elements to blend with the existing building, flagpoles, church steeples, fire towers, and light standards. (3568-9/02) 4. Ground Mounted Facility. Any wireless antenna that Deis affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. (3568-9/02) 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). (3568-9/02) 6. Pre-existing Wireless Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted facilities that have not yet been constructed so long as such approval is current and not expired. (3568-9/02) 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. (3568-9/02) 8. Stealth Facility or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment,typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. (3568-9/02) ,�to,l „t;l;tyf .�to.l f.�.,.,tmle,l a% ne ai" , , " .—�o-svv-vi�vc� 4-09. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines,telephone lines, non-commercial wireless service antennas,radio antennas, street lighting but not traffic signals, recreational facility lighting, tfaffie signa4 equipffieflA,or any other utility which meets the purpose and intent of this definition. (3568-9/02) 4410. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 2 06-595/8346 LEGISLATIVE DRAFT for Ordinance No. 3779 parapet, the side of a water tank,the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. (3568-9/02) 4-211. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that transmits electronic waves or is are used for the transmission or receipt of signals that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. (3568-9/02) CD. Applicability. (3568-9/02) 1. All wireless communication facilities which are erected, located, placed, constructed or modified within the City of Huntington Beach en af f tt,...ing the off e five date o f seetion 230.96 shall comply with these regulations guidefifies, stfl�eet to the provided that: (3568-9/02) a. All facilities, for which appheatiens permits were issued detef i fted ,,,.mpdote b the Planning Depaf�m prior to the effective date of this section, shall be exempt from these regulations and guidelines. (3568-9/02) b. All facilities for which Building and Safety issued building permits prior to the effective date of section 230.96 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph(2) of this section applies. (3GRC�z) c. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. Modifications outside the scope of the valid conditional use permit will require submittal of a Wireless Permit application. (3568-9/02) 2 Add f eifi ;es f r,.-hies, building p is andany extension then-eef have expired �. Z o 32.The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. (3568-9/02) A—a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission (FCC). (3568-9/02) B—b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. (3568-9/02) C—c. Any antenna structure that is one meter(39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (5) feet above the principle building on the same lot. (3568-9/02) D—d. Any antenna structure that is designed to receive radio broadcast transmission. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 3 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3779 E—e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. (3568-9/02) D. Wireless Permit Required. No wireless communication facility shall be installed anywhere in the City without submission of a Wireless Permit Application that demonstrates that the antenna is located in the least obtrusive location feasible so as to eliminate any gap in service and also includes the following information: 1. Demonstrate existing gaps in coverage, and the radius of area from which an antenna may be located to eliminate the gap in coverage. 2. Compatibility with the surrounding environment or that the facilities are architecturally integrated into a structure. 3. Screening or camouflaging by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 4. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 5. No portion of a wireless communication facility shall project over property lines. 6. Interference: To eliminate interference, the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant shall submit the following information to the Police Department for review: i. All transmit and receive frequencies; ii. Effective Radiated Power (ESP); iii. Antenna height above ground, and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency s ectrum. The applicant shall not prevent the City of Huntington each or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. c. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange Counttyy Sheriffs Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 4 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3779 proposed frequency addition and/or change to confirm the intent of the `frequency planning" process has been met. d. The applicant shall provide to the Planning Department a single point o g f contact (including name and telephone number) in its En ineering and Maintenance Departments to whom all interference pro�lems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. E. Additional Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof, or utility mounted) that are: a. Co-located with approved facilities at existing heights or that comply with the base district height limit for modified facilities, and compatible with surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities that comply with the base district height limit; or c. Facilities in non-residential districts that are in compliance with the maximum building height permitted within the zoning district; and i. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or ii. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or iii. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Following submission of a Wireless Permit Application, a Conditional tiUse pPermit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located,wall, roof or utility mounted)that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or c. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 5 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3779 e. As a condition of the Conditional Use Permit, the Zoning Administrator shall minimize significant adverse impacts to public visual resources by incorporating one or more of the following into project design and construction: i. Stealth installations; ii. Co-location and locating facilities within existing building envelopes; iii. Minimizing visual prominence through colorization or landscaping; iv. Removal or replacement of facilities that become obsolete. 3. Design review shall be required for any wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones,in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with subsection 1. EF. Facility Standards...: The following standards apply to all wireless communication facilities: 1. Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. (3568-9/02) b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. (3568-9/02) c. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. (3568-9/02) 2. Building Codes: To ensure the structural integrity of wireless communication facilities, the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (3568-9/02) 3. Conditions of Approval: Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. (3568-9/02) 4. Federal Requirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 6 06-595/8346 LEGISLATIVE DRAFT for Ordinance No. 3779 wifeless faeilifies regardless of w56 a/a2\ a. Pr4of te issuanee ef a building peftnit,the appliearA must submit the following • /3668 9/07\ • /a Ga4 a/a7\ 4. A nlef„., „at4e beth her- . ent 1 and vo«t;.a (1~' Plane afid H Dh%ie) (a66 a/)2\ b. At all > 24 > the applieaftt shall eemp! the use of the radio fr-equeney speetfum. The applieant shall net prevent the City of on the City's 900 ?v�z veiee and data radio fi-equeney systems. The applieai4 shall Bann oper-atien,.f any f e lit-y eausing ifAeffefenee iN tl, the C ty's f eili itAeffer-enee is el'.Y. .,te /aaa4 w/ e Bef t;...,ting its f e l;t y the 1;,afA hall l.,-.•,'t_to the Peliee ,l F G—�CYvrci[ccrvucm'gzzszucn�cn�.—cr��rrcuirc�riuir3avrrii�cv cn�.�icti cuicc Fire DepartmefAs a post installation test to eenfifm that the f4eility does not ii4er-fer-e wi at the expense of the appliean4 shall eenduet this test. This pest, testing eenfifm the intent of the " 2"et:t y p g"pr-eeess has bee- d. e applieafA shallPrvvicceto the PlatiffingnePurcmcnczcsingle pviirr-orwircae� (including name and telephone number-) ; its Engineering and T/aipA0naflev e. The appliea-PA shall insufe that lessee or-other-usef(s) shall eemply m4th the terms afid v..1;4;... s of this..o fmit, end shall be responsible for-the f;1„«0 o f any lessee r-other /a Ga4 a/a7\ .moo-�rvz/ 65.Lighting_ All outside lighting shall be directed to prevent"spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (3568-9/02) 76.Maintenance: All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. (3568-9/02) 97.Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. (3568-9/02) 98. Signs: The facility shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. (3568-9/02) 9. Facilities on Public Property: Any wireless communication facility to be face over, within, on, or beneath City property shall obtain a lease or ranchise from the City prior to applying for a Wireless Permit and an administrative or conditional use permit. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 7 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3779 10.Landscaping. Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed facility. .Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. 11.Utilitv Aere_ement: If the proposed facility will require electrical power or any other utTty services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. F. Site Select ie„ F all wirelessee mrc nieatieir aeilities,the appiieatA S " I provide dAr-I.LVV4i :AtAtfianthatdka .—.�.vo-.�vL7 vegetation,strue buildings 0 ethef stfuetufes as meastffed ffem beyond the betindar-ies of the site at eye level (six feet). (568 .,,a zoning ,list-. t,. gA)2) 4. No peftion of ca wirelesseenffn inieatieir cccnity shall prejeet e=verPrvpe c:y lifies. (356 2) 5. Signifieant adverse impaets te publie vistial fesetifees shall be minimized b 2004 80 9104) u. CV-icivcccaiz anteanas on one stme r&,-kRes- b. tealth instailatien e. heeating f4eilities within existing building eavelepcs d. Minimizing visual epee threttgh eeler-iztien E)f landsc-apii e. Removal of f4eilities-that beeeme ebselete- 89 9/04) G12. Facilities in the Public Right-of-Way. Any wireless communication facility to be placed over,within, on or beneath the public right-of-way shall comply with the following standards: (3568-9/02) 4-ft.Any wireless communication facilities to be constructed on or beneath the public right- of-way must obtain an encroachment permit from the City ef the e of+t,,, has a wifeless f;.,,,,.,hise agreement with the City,„ and the applicant must provide documentation demonstrating that the applicant is a Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 8 06-595/8346 LEGISLATIVE DRAFT for Ordinance No. 3779 state-franchised telephone corporation exempt from local franchise requirements. (3568- 9/02) 2b.All equipment associated with the operation of a facility, including but not limited to cabinets, transmission cables but excepting antennas, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric lines are underground. At no time shall equipment be placed underground without appropriate conduit. (3568-9/02) 3c. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way and the installation of facilities within the public rights-of-way must comply with Title 12 of the Huntington Beach Municipal Code, as the same may be amended from time to time. (3568- 9/02) 4d.All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to,those pertaining to encroachment permits, administrative or conditional use permits,and all applicable fees. (3568-9/02) -5e. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any"project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to,the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. (3568-9/02) 6f. , ' ,, �� ehise ee ent exists a4lo , v ele sta1 afie , If the facility is with the appr-eval of the City Fiq W,neer-, 11(4I1 attached to a utility pole, the facility shall be removed, at no cost to the City, if the utility pole is removed pursuant to an undergrounding project. City Gethaei1-.4a5The service provider shall enter into a franchise agreement with the City. As of March 17, 2007 the California Supreme Court, in the case entitled Sprig Telephony PCZS v. County of San Diego, will determine whether California Public Utilities Code § 7901 grants a state-wide franchise to use the public rights-of-way for the purpose of installation of wireless communications facilities. Pending resolution of this legal question, any applicant seekin to use the public right-of-way must enter into a City franchise to insta5 wireless communications facilities. The franchise shall provide that the franchise fee payments shall be refunded to the applicant and the franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communications facility in the public right-of-way. H.:jZ[cili ies-e�ublic erty.. Atty wifeless nt; f ilit-y to be „tn e Ij ��QQ��((������ V Y•Vl, enVl 8 9102) 1. Wifeless eeRuRdniea6efl f4eilities shall be installed ift aeeer-danee with all appheable , i , btA not limited , pavingds in 411V eve trill Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 9 06-595/8346 LEGISLATIVE DRAFT for Ordinance No. 3779 must ha-ve ., lease agf 0 iA with the ei.-y.43v6&-wm mVesed depending on the > > .,,ldifi. a i4s duff g; sta lafie., based e f edits i 4s-. pre8 aims 0 0 •�v�vo-.n-o-�� ufifit-y serviees te the site,the applieapA will be r-equir-ed te ftffaish the City's Real Estate Hunfingten Beaeh and the appheant te plaee these lines in the publie right of-way, ef o vs, that they o all pt sib l;ty for-these lifter i the „1.1;.. fight f way. 0 (3ca�2) J13. Facility Removal. a. Wireless communication facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Right of Ways shall be removed in its entirety within six (6) months of termination of use and the site restored to its natural state. 1b.Cessation of Operation: Within thirty(30) calendar days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: (3568-9/02) Al. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or (3568-9/02) B2. The City has received written notification of a transfer of wireless communication operators. (3568-9102) 2c. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (3568-9/02) A.Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) calendar days after notice of abandonment is given either(1)remove the facility in its entirety and restore the premises, or (2)provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 10 06-595/8346 LEGISLATIVE DRAFT for Ordinance No. 3779 4e. Removal by City: At any time after thirty-one (31) calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair,restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 11 06-595/8346 LEGISLATIVE DRAFT for Ordinance No.3780 Huntington Beach Municipal Code 12.13.010-12.13.010(i) Chapter 12.13 STREET WORK GENERALLY (3582-11/02) Sections: U.13.005 Purpose 12.13.010 Definitions 12.13.020 Erecting utility structures--Authority 12.13.030 Emergency situations 12.13.035 Underground Facilities 12.13.040 Obstructing or construction within public way—Permit required 12.13.050 Duration and validity 12.13.060 Penalty for exceeding time restrictions 12.13.070 Permit--Fees 12.13.080 Required information for permit 12.13.090 Construction work--Permit denial—Appeal in general 12.13.100 Orders, regulations, and rules of City Mepartments 12.13.110 Construction work—Licensed contractor required 12.13.120 Street excavation moratorium—no permit shall be issued 12.13.130 Underground service alert 12.13.140 Stop work order,permit modification, and permit revocation 12.13.150 Restoration 12.13.160 Repair by the dDepartment 12.13.170 Emergency remediation by the dDepartment 12.13.180 Suspension of applications and permits 12.13.190 Identification of visible facilities 12.13.200 City repaving plan 12.13.210 Coordination with City 12.13.220 Emergency Excavation 12.13.221 Blanket Permits 12.13.222 Construction Status Report 12.13.230 Conditions of Use of Public Right-of-Way 12.13.240 Excavations 12.13.005 Purpose. The public rights-of-way are unique public resources held in trust by the CityTor the benefit of the public. Pursuant to the City Charter and applicable state and federal law, the City is empowered to control access to and use of its public rights-of- way, and unless pre-empted by state or federal law, to obtain reasonable and fair compensation for the use of its public rights-of-way. The purpose and intent of this Chapter is to provide a uniform and comprehensive set of standards and regulations for use of the public right-of-way. These regulations are intended to protect the public health, safety and welfare that permit the installation of utilities and communication facilities in the public right-of-way in such a manner and at such points so as not to incommode the public use of the public's right-of way. 12.13.010 Definitions. (a) "Applicant" shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate. (3582-11/02) (b) "City" shall mean the City of Huntington Beach. (3582-11/02) (c) "Department" shall mean the Department of Public Works. (3582-11/02) 1 06-595/6851 LEGISLATIVE DRAFT for Ordinance No.3780 (d) "Director" shall mean the Director of the Department of Public Works or his/her designee, and shall include the term"Superintendent of Streets." (3582-11/02) (e) "Excavation" shall mean any opening in the surface or subsurface of the public right-of- Way. (3582-11/02) (f) "Facility" or "facilities" shall mean any and all cables, wires, cabinets, ducts, conduits, converters, equipment, drains,handholds, manholes,pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person,that are located or are proposed to be located in the public right-of-way. (3582-11/02) (g) "Franchise" granted by the City of Huntington Beach or the state of California is a contract granting special privileges to use the public right-of-way. It is not intended that this chapter of the Municipal Code impose additional rules or regulations which are inconsistent with the rights or obligations under the franchise or confer authority to the City that conflicts with the State's Public Utilities Code or the jurisdiction of the California Public Utilities Commission. (3582-11/02) (h) "Owner" is defined as that person who is responsible for the project. (3582-11/02) (i) "Permit" or "permit to excavate" shall mean an encroachment permit to perform a project as it has been approved or may be amended or renewed by the dDepartment. (3582-11/02) (j) "Permittee" shall mean the applicant to whom a permit has been granted by the dDepartment in accordance with this chapter. (3582-11/02) (k) "Person" shall mean any natural person, owner, corporation,partnership,public utility franchise, or any governmental agency, including any agency other than the City of Huntington Beach,dDepartment,the state of California, or United States of America. (3582-11/02) (1) "Project" for purposes of this chapter shall mean any activity permitted under this chapter, including but not limited to excavation, construction, demolition, obstruction of right-of-way, repair and building. (3582-11/02) (m) "Public right-of-way" shall mean the area across, along, beneath, in, on, over,under, upon, and within the dedicated public alleys, boulevards, courts, lanes,places, roads, sidewalks, streets, ways and City owned properties within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works. (3582-11/02) 12.13.020 Erecting utility structures--Authority. It is unlawful for any person, without a City ranc ise an or C ty encroachment permit, or other authority from the Director,to erect any telegraph,telephone, electric light or, transmission poles, or facilities on or in any walk, street, alley or public place in this City, or to stretch any wires or cables along or across said streets; or to lay any as, oil or water pipes, or other pipelines along or across any streets in the City. (3582- 11/02) As of March 17, 2007 the California Supreme Court, in the case entitled Sprint Technology PCS v County o San Diego, will determine whether California Public Utilities Code Section 79'1 rants a state-wide franchise to use the public rights-of-way for the purpose oT installation of wireless communication facilities. Pending resolution of this legal question any applicant seeking to use the public right-of-way, must enter into a ti shall franchise to install wireless communication facilities. The franchise rovide that the franchise fee payments shall be refunded to the applicant and he franchise become null and void if and when the California Supreme Court establishes that the provider has a state-wide franchise to install a wireless communication facility in the public right-of-way. 2 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 12.13.030 Emer2enev situations. Nothing contained in this chapter shall be construed to prevent any person ftom taking any action necessary for the preservation of life or property when such necessity arises during days or times when the dDepartment is closed. In the event that any person undertakes any project, as defined herein, in the public right- of-way made necessary by an immediate threat to health, safety, life or pproperty, such person shall apply for an emergency permit within four hours after the dDepartment's offices are first opened. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action and describe the work performed. (3582- 11/02) 12.13.035 Underground Facilities. All facilities constructed within the public rig -o -way sliall be un ergrounded except for antennae. 12.13.040 Obstructing or construction within public wa --Permit re uired. It is unlawful for any person to construct, repair,use, or o struct any street, alley, si ewa or public property within this City by placing thereon or therein any utility,building, stand, counter, fence, lunch wagon, storage container, bandstand, structure, building material or tools, gravel, dirt, excavation or obstruction of any kind whatsoever or performing any demolition, without a permit having first been issued therefor as hereinafter provided. (3582-11/02) 12.13.050 Duration and validity. (a) Permits shall be void in within thifty days of the staft date if the project, inclu ing restoration,has not been completed within sixty days ; provided, however, that the Director, in his or her discretion for good cause shown, may issue one thirty-day extension to the start date and one thirty-day extension to the duration of a permit Won written request from the permittee and payment of any applicable lees. (3582-11/02) (b) Do,.. its , �«o t ansf ,-able. .ithetA the y ffit e . sent. f the ,.v..�,;t+oo ain e-t D eoten Permits are not transferable without proof of current business license issued by the City of Huntington Beach for the assignee and any subcontractors who will be providing service under the permit and evidence of insurance as specified by Resolution of the City Council; and the written consent oY the permittee and the Director. 12.13.060 Penaltv for exceeding time restrictions. A penalty shall be imposed upon any person who does not compp et e work requiring road or lane closures within the established time frame. The penalty shall be in an amount set by resolution of the City Council and shall be based upon estimated costs to the traveling public due to delays and additional travel distance around roadway closures. (3582-11/02) 12.13.070 Permit--Fees. The Director shall not issue any permit except upon the payment of plan check, inspection and permit fees, set by resolution of the City Council. The State of California and the County of Orange, including entities such as special districts organized under state law, are fee exempt. At the discretion of the Director, and upon proven City history of prompt payment and company fiscal integrity, the Director may request and make arrangements for alternative methods of collecting payment such as monthly billings. (3582-11/02) 12.13.080 Re aired information for permit. Before any project mentioned in this chapter may e commenced,the person doing such work must provide the following information: (3582-11/02) (a) Applications for permits shall be submitted in the format and manner specified by the Director and shall contain: (3582-11/02) 1. The name, address,telephone, and facsimile number of the applicant. Where an applicant is not the owner of the facility to be installed or maintained in the public right-of-way, the application also shall include the name, address, telephone, and facsimile number of the owner. If the application is 3 06-595/6851 LEGISLATIVE DRAFT for Ordinance No.3780 submitted by an authorized agent of theApplicant or Owner, written authorization from the Applicant or Owner of facility shall be provided. (3582-11/02) 2. A description of the location,purpose or use, method of construction, and surface and subsurface area of any proposed project. (3582-11/02) 3. Engineering plans, specifications and a network map of the facilities to be located within the public right-of-way, including a map in electronic and/or other form required by the City. The plans and specifications shall show: a. The location of all existing and proposed facilities in the public right-of-way along proposed route including the type and location of existing and proposed pedestals and other above ground facilities. b. Facility Information. Photographs or artist renderings of all proposed facilities for the work area as well as their locations, dimensions, and color. Any modifications to plans and specifications must be reviewed and approved by the Director before modifications can be implemented by Applicant. In addition, Applicant shall provide the Director with engineering base maps identifying Applicant's existing underground and aerial utility facilities, poles, trench routes, and locations for above-ground equipment in the work area in both electronic form (digital or otherwise as specified by the Director) to the extent available and hard- copy form. c. Hours of Construction. All construction shall be accomplished and maintained between the hours specified by the Director. Construction shall not interfere with the existing or known future services of the City or private or public third parties. d. Telephone Contact. Applicant shall provide the Director with a telephone contact number, answered twenty-four (24) hours a day during the construction period, to enable the Director to report any concerns regarding construction of the facilities. After business hours such calls will be routed to an on-call supervisor. In the event that the Director reports any concerns to Applicant, Applicant shall respond in a timely manner. Applicant shall immediately correct any adverse impact to the City's use or operations or the use or operations of a third party caused by Applicant's construction activities in the public right-of- 4 06-595/6851 LEGISLATIVE DRAFT for Ordinance No.3780 way at no cost to the City. Safety violations will be cause for immediate project shut-down. e. The specific trees, structures, improvements, facilities and obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate. 4. Information regarding any excess capacity that will exist in such ducts or conduits after installation of Applicant's facilities. 5. A Traffic Control Plan. In accordance with such guidelines established by the City. 6-5. The proposed start date of project. (3582-11/02) 76. The proposed duration of the project, which shall include the duration of restoration of the public right-of-way physically disturbed by the project. (3582-11/02) 87. A current business license issued by the City of Huntington Beach for the applicant and any subcontractors who will be providing services under the permit. (3582-11/02) 99. Evidence of insurance for the applicant and owner as specified by Resolution of the City Council. (3582-11/02) 10. Companies may also be required by the Director to provide reasonable advance notice to the public via a public notification plan of the proposed quantity, precise dimensions, design, color, type, potential noise and location of above-ground facilities pursuant to guidelines promulgated by the Director. The plan is subject to the prior approval of the Director. The guidelines shall take into account the area covered and impacts of the above- ground facilities. 11. Certifications. Upon request, Applicant shall provide copies of certifications, licenses, permits, franchises or other applicable approvals to construct and operate the facilities and to offer or provide the services. Applicant shall also provide a certification that the Applicant will comply with all applicable local state and federal requirements in the installation, operation, maintenance, or removal of its facilities. , " 'rariiuu v. 5 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 T. o , eethRefAafiefi, o o , ener-eaehmen4 pefmit, +U Le install (4GG\�24 5. The proposed staft date of pr-ejee4.—(a6a244io-1) (3582 11/024 7. A ettffent the City G6iffle-... (3582-r„102) 129. Any other information that may reasonably be required by the dDepartment. (3582-11/02) (b) Action on applications for permits as provided in this Chapter. (3582-11/02) 1. After receipt of an application for a permit,the dDepartment shall determine whether an application is complete. If the application is deemed to be incomplete, the dDepartment shall advise the applicant in writing of the reasons for rejecting the application as incomplete. (3582-11/02) 2. If the application is deemed to be complete,the dDepartment, in its discretion, shall deny, approve, or conditionally approve the application. In order to preserve and maintain the public health, safety, welfare, and convenience, the dDepartment may condition a permit with specified requirements including, but not limited to, those that limit or modify the facilities to be installed or maintained,the location of the facilities to be installed or maintained, and the time,place, and manner of work to be performed. (3582-11/02) 3. If the application is denied, the dDepartment shall advise the applicant in writing of the basis for denial. (3582-11102) 4. If the application is approved or conditionally approved,the dDepartment shall issue a permit to the applicant. (3582-11/02) 5. It is unlawful for any permittee to make, to cause, or permit to be made any project in the public right-of-way outside the boundaries, times, and description set forth in the permit. (3582- 11/02) (c) The determination to grant or deny a permit shall be based upon the criteria set forth in this section. The Director shall consider the following: 1. The capacity of the public right-of-way to accommodate Applicant's proposed facilities and facilities known to be needed in the future. 6 06-595/6851 LEGISLATIVE DRAFT for Ordinance No.3780 2. The capacity of the public right-of-way to accommodate known additional facilities if the permit is granted. 3. The damage or disruption, if any, to the public right-of-way or any public or private facilities, improvements, aesthetics, services, pedestrian or vehicle travel or landscaping if the permit is granted. 4. Visibility or sight distance impacts to other users of the public right-of-way. 5. The proposed facilities impact the design and construction of public streets, as well as intersections between City streets and roadways to ensure, to the maximum extent feasible, that streets and intersections are desi ned and constructed in a manner that will not adversely impact the health, safety and welfare of the citizens of the City of Huntington Beach and others. (3582 1 1/nm > times, ) 12.13.090 Construction work--Permit denial—Appeal in 2encral. In the event the Director refuses Tr any reason to issue a permit, the applicant may petition the Public Works Commission, in writing, for a hearing to consider said request. Any decision of the Commission, including but not limited to decisions to grant or deny permits, is appealable to the City Council who will consider the application de novo. (3582-11/02) 12.13.100 Orders re ulations and rules of Citv dDe artments. All work in the pu 1c rig t-o -way pursuant tot is chapter shall be performed in accordance with the standard plans and specifications of the dDepartment,the design manual, and any dDepartment orders, regulations, or rules, except where the Director grants, for good cause shown,prior written approval to deviate from such standard plans and specifications, the design manual, orders, regulations, or rules. (3582-11/02) 12.13.110 Construction work--Licensed contractor required. No construction work of any kind shall e done or performed upon any public right-of-way, in the City unless done according to City orders, regulations, rules of standard plans and by a contractor licensed by the State of California to perform that class of work. (3582-11/02) 12.13.120 Street excavation moratorium - no permit shall be issued. In order to preserve the ride duality, structural integrity and appearance o newly constructed or renovated streets, permission to excavate in newly constructed or renovated streets will not be granted for three (3) years after completion of street renovation as shown by the filing of a Notice of Completion. Applicants shall determine alternate methods of installing utilities or making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are as follows: (3582-11/02) (a) Emergency which endangers life or property. (3582-11/02) (b) Interruption of essential utility service. (3582-11/02) (c) Work that is mandated by legislation applicable to the City or person performing the excavation or ordered by any court or governmental entity with jurisdiction over the City of Huntington Beach. (3582-11/02) (d) Service lateral for buildings or facility where the applicant has no other means of providing service exists. (3582-11/02) 7 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 (e) Other situations deemed by the City's Public Works Commission to be in the best interest of the general public. (3582-11/02) All permits which are issued under A through E above shall be in accordance with the specified enhanced standards, details and specifications established by and on file in the Department, unless otherwise approved by the Director. (3582-11/02) 12.13.130 Underground service alert. Any person excavating in the public right-of-way shall comply with the requirements of the underground service alert regarding notification of excavation and marking of subsurface facilities. (3582-1 1/02) It shall be the responsibility of Applicant to mark its facilities with search wire if possible and to locate and mark or otherwise visibly indicate and alert others to the location of its underground facilities before employees, agents, of independent contractors of any entity perform work in the marked-off area. Applicant shall participate in and adhere to the practices of Underground Services Alert ("USA") or its successor notification system and provide at least forty-eight (48) hours prior notice to USA prior to any excavation. 12.13.140 Stop work order, permit modification and permit revocation. When the Director has determined a person has violated this chapter, or any condition of the permit, or that an excavation poses a hazardous situation or constitutes a public nuisance,public emergency, or other threat to the public health, safety, or welfare, or when the Director determines there is a paramount public purpose, the Director is authorized to issue a stop work order,to impose new conditions upon a permit, or to suspend or revoke a permit by notifying the permittee of such action in writing. (3582-11/02) 12.13.150 Restoration. (a) Like New Restoration. For all projects for which any permit under this Chapter has been issued,the permittee shall restore or cause to be restored any area upon which work has been performed to like new condition. Such restoration shall be done in the manner prescribed by the standard plans and specifications, the design manual, orders, regulations, and rules of the dDepartment. (3582-11/02) (b) Modification to Requirements. Upon written request from the permittee, the Director, in his or her discretion and for food cause shown,may approve in writing modifications to the requirements of this section. (3582-11/02) 12.13.160 Repair by the Department. (a) In the event any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice as set forth in this chapter, the Director shall repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the dDepartment for any costs associated with the administration, construction, consultants, equipment, inspection,notification, remediation, repair,restoration, or any other actual costs incurred by the dDepartment or other departments or agencies of the City made necessary by reason of the repair or restoration undertaken by the dDepartment. (3582-11/02) (b) Repair or restoration by the dDepartment in accordance with this chapter shall not relieve the person(s) from any and all liability at the site of the repair or restoration, including, but not limited to, future failures for any portions of work completed by permittee. (3582-11/02) 8 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 12.13.170 Emergency remediation by the Department. (a) If, in the judgment of the Director,the site of an excavation is considered hazardous, constitutes a public nuisance,public emergency, or other imminent threat to the public health, safety, or welfare that requires immediate action,the Director shall order the condition remedied by written, oral,telephonic or facsimile communication to the owner, applicant, or any agent thereof and shall designate the owner or applicant as the responsible party. (3582-11/02) (b) If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in said communication,the Director shall remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the dDepartment for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the dDepartment or other departments or agencies of the City made necessary by reason of the emergency remediation undertaken by the Department. (3582-11/02) 12.13.180 Suspension of apglications and igermits. No person subject to any outstanding violation of this chapter shall apply for nor be issued any permit hereunder. (3582-11/02) 12.13.190 Identification of visible facilities. All facilities installed pursuant to a permit that are visible from the surface of the public right-of-way shall be clearly identified with the name of the current owner of the facilities. Upon demand of the Director, within six months of change in ownership of a facility(ies),the identification required by this section shall indicate the new owner. (3582-11/02) 12.13.200 Citv RepavinLy Plan. The Director of Public Works shall prepare a two (2) year repaving plans owing the street surfacing planned by the City for the next two (2) years. The two year repaving plan will be made available to utilities at all times to assist them. (3582-11/02) 12.13.210 Coordination with City. (a) Prior to designing facilities and applying for an excavation permit in the City's public right-of--ways, a plicants shall review other utilities' master plans and the City's two (2) year repaving plan on file with the Director. The applicant shall coordinate, to the extent practicable, with other planned utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such public rights-of-way. (3582-11/02) (b) To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits. (3582-11/02) (c)Permit Available On-Site. The permit or a photo duplicate shall be available for review at the site of the excavation for the duration of the excavation and shall be shown, upon request, to any police officer or any employee of a City agency, board, commission, or Department with jurisdictional responsibility over activities in the public right-of- way. 12.13.220 Emergency Excavation. Nothing contained in this section shall be construed to prevent Applicant from taking any action necessary for the preservation of life or property or for the restoration of interrupted service provided by 9 06-595/6851 LEGISLATIVE DRAFT for Ordinance No.3780 Applicant when such necessity arises during days or times when the Department is closed. In the event that Applicant takes any action to excavate or cause to be excavated the public right-of-way pursuant to this section, Applicant shall apply for an emergency permit within twenty-four (24) hours after the Department's offices first open. The applicant for an emergency permit shall submit a written statement the basis of the emergency action and describe the excavation performed and work remaining to be performed. 12.13.221 Blanket Permits. The Director may issue a blanket permit to an Applicant to make excavations for utility service connections, for the location of trouble in utility conduits or pipes and for making repairs thereto, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this section and shall comply with all requirements of this chapter not inconsistent with this section and all fees set by resolution of the City Council shall be paid. 12.13.222 Construction Status Report. (a) During construction, Applicant shall, at the request of the Director, submit to the Director regular progress reports describing in detail the status of construction in relation to the plans and specifications. The first report shall be submitted within seven days after commencement of construction and shall be updated every seven days thereafter, as may be required by the permit. Work plans shall be provided in advance to the Director for review and approval. (b) Notification. Applicant shall provide written notification to the Director of any construction and/or maintenance activities undertaken in public right-of-way, whether undertaken pursuant to permit or otherwise, within five business days of commencement of such activities unless the activities have been previously reported to the Director. 12.13.230 Conditions of Use of Public Right-of-Way. (a) All facilities of Applicant shall be so located, constructed, installed and maintained so as not to endanger, interfere with or limit the usual and customary use and/or traffic and travel upon the public right-of-way as well as adjacent private property pursuant to a traffic control plan to be approved by the Director. (b) In the event Applicant creates a hazardous or unsafe condition or an unreasonable interference with property, such Applicant shall 10 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 remove or modify that part of the facility to eliminate such condition from the subject property. (c) Applicant shall not place equipment where it will interfere with existing and known future City uses of the public right-of-way, with the rights of private property owners as determined by the Director, with gas, electric, cable, sewer or telephone fixtures,with water hydrants and mains, with sewers, storm drains or v-ditches, or any wastewater stations, with any traffic control system, or any other City facility. (d) Applicant, at its own expense and pursuant to a timeline approved by the Director, shall protect the public right-of-way and support or temporarily disconnect or relocate any of Applicant's facilities when necessitated by reason of: 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closure not for the benefit of a private party; 4. Street construction or resurfacing; 5. A change or establishment of street grade; and 6. Installation of sewers, water and storm drain lines and appurtenances, lift stations, street light facilities, traffic signal facilities, tracks, or any other public use of the right-of-way. 12.13.240 Excavations. (a) Applicability. Each excavation in the public right-of-way pursuant to this chapter shall be performed in accordance with this chapter and with the standard plans and specifications of the Department and any Department orders or regulations, except where the. Director, at his or her discretion, grants prior written approval to deviate from the standard plans and specifications, orders, or regulations. The Director shall develop guidelines to implement the granting of waivers authorized pursuant to this chapter. (b) Notices. The Director may require reasonable notice from Applicant if Applicant excavates or causes an excavation in the public right-of-way in a manner that, due to duration or location of the excavation, has the potential to disrupt traffic flow or adjacent properties. All notices are subject to the prior review of the Director and shall include: 1. Post and maintain notice at the site of the excavation. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed and 11 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3780 the duration of the excavation. The notice shall be posted along any street where the excavation is to take place at least seventy- two (72) hours prior to commencement of the excavation. 2. At least ten calendar days prior to commencement of the excavation, Applicant shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (b)(1) and the name, address, and twenty-four (24) hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation, or 3. At least ten calendar days prior to commencement of the excavation, Applicant also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (b)(2) of this section. (c) Notice for Emergency Excavation. For emergency excavation, Applicant shall post and maintain notice at the site of the excavation during the construction period. The notice shall include the name, telephone number, and address of Applicant, a description of the excavation to be performed, and the duration of the excavation. The notice shall be posted along any street where the excavation is to take place. (d) Marking of Subsurface Facilities. If Applicant excavates in the public right-of-way, it shall comply with the requirements of the underground service location regarding notification of excavation and marking of subsurface facilities. Applicant shall provide underground service location with the assigned number of the permit to excavate or other information as may be necessary to properly identify the proposed excavation. 11/02 12 06-595/6851 LEGISLATIVE DRAFT for Ordinance No. 3781 Huntington Beach Municipal Code 12.38.010--12.38.050 CHAPTER 12.38 ENCROACHMENTS (3016-10/89) Sections: 12.38.010 Encroachment permit required 12.38.020 Permit not required 12.38.030 Prohibited encroachments 12.38.040 Application procedure 12.38.045 Duration and validity 12.38.046 Penalty for exceeding time restrictions 12.38.050 Violation: infraction 12.38.060 Hold harmless 12.38.010 Encroachment permit re uired. In addition to any agreement, license, permit or franchise required by this Code or the Zoning and Subdivision Ordinance or any permit or entitlement required by state and federal law, tThe following uses may temporarily encroach into the public right-of-way subject to the issuance of an encroachment permit by the Department of Public Works and the payment of all applicable fees as set by resolution of the City Council: (3016-10/89) (a) Structural Elements (3016-10/89) (b) Signs (3016-10/89) (c) Lighting (3016-10/89) (d) Parkway modification including surfacing, tree or shrub removal and/or planting. (3016-10/89) (e) Unusual architectural treatment, appendages, or fixtures, such as awnings. (3016-10/89) (f) Shrub planting and removal. (3016-10/89) 12.38.020 Permit not required. Private encroachments not requiring a permit. (3016-10/89) (a) Parkway lawn and ground cover. (3016-10/89) (b) Parkway sprinkling systems. (3016-10/89) (c) Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. (3016-10/89) 12.38.030 Prohibited encroachments. (a) Parkway surface of loose rock or gravel: (3016-10/89) (b) Private dwellings and appendages, except as provided for in the Uniform Building Code. (3016-10/89) 12.38.040 Application procedure. Application for any permit as required by this policy shall be filed with the Public Works Department on a form provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Public Works review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. (3016-10/89) 1 06-595/6849 LEGISLATIVE DRAFT for Ordinance No. 3781 12.38.045 Duration and validity. (a) Permits shall be void if the project, including restoration, has not been completed within sixty days; provided, however, that the Director, in his or her discretion for good cause shown, may issue one thirty day extension to the start date and one thirty-day extension to the duration of a permit upon written request from the permittee and payment of any applicable fees. The Director may issue additional extensions as may be appropriate in his or her discretion. (b) Permits are not transferable without proof of current business license issued by the City of Huntington,Beach for the assignee and any subcontractors who will be providingservice under the permit and evidence of insurance as specified byesolution of the City Council; and the written consent of the permittee and the Director. 12.38.060 Hold harmless. Every person or other entity which encroaches on a public right-of- way shall enter into written agreement with the City and approved as to form by the City Attorney, whereby the person or entity agrees to indemnify and hold harmless the City, in compliance with the current requirements of the City. A permittee will be required to supply the City, prior to construction, proof of insurance in compliance with City's current requirements. (3016-10/89) 10/89 2 06-595/6849 LEGISLATIVE DRAFT for Ordinance No.3782 C-h ftf)t-F 12.48 Seefiegs: 1 2 48.010 Seepe f Chapte �c cr.v-r v—vcvp�vrcriscpcvr —12.4 8.020 Definitions 12r..48. 4 Fr-a eWse fi .' Z0T0�—Q r SailC-er 12.4 8.050--F-r-anehise Pr-eeeTsing Casts — 12:48�0 T-fansier of Ffanehise 42.48.870 Breaeb of Ffanehise .rTOgceope of F-r- nehise 12.48.1000 Fees and T-mies 42.48.1 4 0 Ref eva4 and Releeat}en of Radios — 42.4 B.2C-en.#sstlenPefmits 17 48 150 U4fl figs 12.48.180 Sever-ability (a) No per-son sl+gl iasta4l or-ffh4ntain any radio netweA or-othef similar-wireless eeffwaunieafie right of way unless insta4led in aeee-r-d—m-eve vAith a fFmehise agfeement granted by the City bin �� he publie fight �t7 t �, f paES�3t to this de-oi cite-r ubliE Utilities Cede—. k& $-4i974 ef the pr-ovisiens of this Chaptef eA the time ef adoption of this Gh-,Vtef shall be f-enieved Within 94Ay (30) days of the effeefive date of this kaug"4A)74 12.48.020 Definitions. Fer-the puTese of this >the fellevi4ng tefms, > words, abbreviation-; And their-detivations hall have tl,o r to the (3348 aim) u n means any govefmneaW ageney or-quasi W ageney other-dim the City, ineluding the (v) "P means the r^1_vriaa Publievt4ifies Cofmnissienj&ug-4474 ( "City" means the City of Huntington Beaehz-- � �-4�9 tt tt means the date a fianehise agFeement is aeeepted by the . (3349 4 97) (e) "iC0'f zeansthe Fedefa4 G-onuntwkafionsCoaffpAssivir.—(3U"47) "Fee" fneans any assessment, lieense, ehafge, fee, imposition,ta*O)ut eNeluding any utility u two, er-levy lay4Wy imposedany govemmentale4�— � 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No. 3782 attaeh, install, operate, maintain, in }ublie�gkt ems I - .,,., , Wed� network (33.. 497) „ , either-a4 the time of eKeeution of the. of at my time dwing the pr-esenee of r-adies in publie right of v&y. E - } "Per—soft" „ „ , , wadi--- (1) "Publie RigM of Alay" means in, open, above, aleng, aer-ess, undef, and ever-the publie , , tmder-the jufisdietien of the City. This tefm shall not inelude any pr-epefly owned by any per-s er-ageney ether-than the- Q.,, � I pr-evided by applieable laws er-pur-suat4 te an agr-eeme between the City and aiV sueh per-son or-ageaey-.--4u&-4m-74 (m) "Radio Met#h" means a ealeadar-menth dth-ing whieh a radio ee in the publie right (n) "Radio Network" or- "Radies" means diat;A4eless eeffwAunieatiefi equipment ineluding tAility easefnea4s and publie se i g4s, as the same new of may ther-eafter-exist that under-this Chapten43-a3 wee-4aa-4w� (3349-4/97) and obligations under-the fr-aaebise. Nethift in the ftanehise agr-eefnen4 sh-a4l be deemed to waive the r-equir-emefAs of this Chapter-and of the various eedes and or-dinanees ef the City, ineluding these regarding eaer-eaehmea4 pet2faits, fees to be paid or-the fnaftner-of reas#%w6ea—. j&u&-4Q-74 (e) Any ffmahise gr-afAed pufsuafft to this Chaptef shall be limited to these leeafiefts iff the Q speeified in the ffafteMse (334&A4 q-} 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No.3782 have in the use and eeeupa4ion of sidewalks, eufbs or-stfeets where the radio ae�WeAE er-similaF (d) The gr-at4 of a fianehise by the City is subjec4 to whmever-right, interest or-privilege ethefs may and dwing Mse, the City may gmn4 te ether-per-sens the right te install fadie networks A4 fight the pUblie . 42.48.040 Grant of teiicaehi$e,(332-1-2F9$) (a) Any enti4y may apply for-the g-rafA of a new (33s1-2t9a) (b) The City > > > > whieh sha4l be filed the > eaeh appheant, heafing sheAl be notieed to eensidef the appr-eveA of the applieation. City shall give all existing (d) The City > hearing, require the appliean4 to provide appr-eved—(33&i-29 ) hearing,the Cetmeil, proposed,appheafien. in making 4s detefminatien,4he Geianeil shall give "e eensidefatien to the quality ef the sefviee ineeme to the City, expefienee, > safeguar-di"the interests of the City and analyze the appheation. in addition,the applieant shall feim uFse the City for-all administrative—, and the !-...,,.,..hise fees speeified i this Chapter-or-the{-ranehise .. feef ea iom—� (a) Any fr-anehise gmated tffider-this Chapter-shall be a privilege to be held for-the benefit e publie. Sueh ffmeWse eapmet in any even4 be sold,tfansfeffed, !eased, assigned or-disposed of-, > > eenselidafien> > shall, exeept as pr-evided in this Chapter, Stieh eensent as required by the City > fiet be 4 -3 17 AG 060(h) 17 48 070(b)(2) 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No.3782 proposed ehange of eent-Fel in,#aasfer-of-, or-aequisition by any other-pai4y of the franehisee. gr-eup of per-sons of fifty one per-eent 0 34) of the veting shares of the , , party, and the franehisee shall assist the City in any sueh inquiry. T4,,is franelAse she4l not be (3348 (a) The City r-eseFves the right to tefminate any fr-anehise and�er-assess fines and pena-kies in th following eir-ewastanees, earah of whieh shall r-epr-esent a default and br-eaeh tmder-this ChapteF .,d the fr-a ,.t1 ) !''L. t fy or-the fi d,buso agr-eement; (13348 41o7) (2) if the ffanehisee fails to pf-evide or-maintain in full feFee and effeet the liability an e t f3\ 7f h fd,«d,b,;soo s to provide s for- ., rthi e th ,. t of t moo � o 00 s0 0 fe v2 beyondthe ee'" eentfal,f., ,v„ttodl by a .,+,d+ of other-businessentity agreement of pr-aefiees any fr-add of deeeit upon the C (33'�'7 (5) The f«., d,b,; o b,o o insolvent, ' ..w,b,le a r11; n to ;tn_ o4n.db i334 wr 4Q-74 ww , ef thifty(30) days following sueh Yffitten demand, the City Administrator-may plaee his meeting agenda. The City shall eause te be sefved upen sueh ffmehisee, at leas4 ten( 11�1 days pFier-to the date eisileb Couneil meeting, a vffit4en notiee of the intent to request sue penalties, fines ..,.te-r-n,-Z— -e-- ..di tb,o time and plaee of the meeting. (3348 49;z) , 7) 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No.3782 eause,then the Couneil > > frmel4se of stiek&amehisee shall be tefmifhmed. in the ease of fines er-penakies,the City may draw upen the ffanehisee's eash deposit in the amount of the fine or- f&u&4A;7 removal of the r-adie aetwefk or-require the er-iginal ffanehisee to maintain and operate the r-ad (d) The tefminatien and fet:feiWfe ef a"fiFaaelgse shall in no way affeet any of the rights of the City under-t of l —( -aw4 this C=h..Vtef by ffanehisee shall not be deemed to be a waiver-or-a eefAifwing waiver-by the-Clit-y of any subseqttei#br-eaeh er-viola ion ef the same er-any ether-provision ef the ffmehise agreement of dtis Chapter-by fr-me-b—i-See. p_348 provisions of this Chapter-and sheAl eenunenee an the effee4ive date set by City Cetmeil in th origi" appheafien. Renewal appheatiefis sheAl be filed not less than nine�,' (90) nor-Mery than efle hundred eig*( days prior-te ex Tien of the eidstiag fiffiehise (3348 97) 1 4Q 090 c,.eye of F......,.i.;.,, fianehisee's sole ees4 ead eEpense, shall be sttbjeE-4 to the pfier-and eei4inuing right of the City under-applieable laws to use any and all pai4s of the publie right of way erAy, exelusively ef eeneuffeftt4y with any other-per-son or-per-sons and fiether- shall be subjee4 to all deed,' I(a) My and all rights expressly granted to fr-anehisee under-the fr-anehise, whieh shall be exer-eised M dedieations> eenditions, eaevenants, > the right of way. Nothing in the fianehise shall be deemed to > eefwey, efeate, of�ves4 easemet4, or-any fr-anehise rights iaeeasistefftA�this • (3 ) >the fifanehisee is autheFized and pefmitted te attaeh, iasta4l > operate, maintain, > > > > poles,stifeet light > > approval of the City. During the tefm ef this 4aaehise, the leeation ef-eaeh tm�ddiee in-stalled b�7, days aftef its > > iaFAall> epera4e, maintain, remove,rvattaeh, rvinsta4l, > eAffler, as the ease may be as designated in the ftanehise agreement. Ffanehisee sh 17 AG 090(.1) 17 AQ 119(a) Huntington Bearah MuniGipal Code 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No. 3782 rights and obligations tmder-t�As ffanehise, ffaaeMsee shall not inteizfer-e in any manner-v4th e-xis4enee and operation of any and a4l publie and pfivate rights of way, safi4aFy sewers,water- the eNpr- of the evffier-er-evvner-s of the ff ete p pet4 os. F3334&4m74 obligations tmdef the fianehise. if required by applieable laws, ffanehisee shall ebtain the 12 A4 inn Fees and Taxes right,(a) FFmehisee sha4l be solely responsible for-the paymefA of all lawfiA fees and u4ility ebafges in > > > and the fender-ing of ser-viees under-the 43� (b) ne �6i�6eten J��vriiee shall pay to the City onorrcrgwu14erry bas iszc by this seetien shall be due on or-before the 4 Sth day a-fter-the end of eaeh ea4endar-quafter-of fifaetien thereof Within�� five (4 5) days after-the teFm4iafiea of the ffaftebis , "-i A-4-;- shigl be paid fer-the period elapsing sinee the end of the last ealeadar-quffirte-r--fA--r-Aivh—ieh this eempensatien has been paid. FrmeMsee shall fiH:aish to the City.�eaeh„ etA e f M er-her-designeeshwA4ag the ametm4 of gfessr-e-vefmes f the pefied eever-ed by the payment. if the ffanehisee diseever-s that it has failed to pay the efitir-e or-eeffeet amoufA e eeaTeasmiea due,the City shall be paid by franehisee wMin fifteen(15) days of diseever-y of the efrer-of detefmiaMiea efthe eeffeE ethef-A4se sha4l be offset against the neit pa�anefft due from fr-anehisee,provided tha4 the of any sueh payments pr-eelude th City from later-establishing that a larger-amount was aetuall due, or-fr-e .. eelleeting any ba4anee "e to the (e) The fr-anehisee sha4l keep aeeufate books of aeeoupA. The City may inspee4 books of aeeount any time dwing regular-business houfs on five (5) days' pr-ier-vai#en netiee and may audit th beeks fifem time to time ett City's sole eKpease,btA in eaeh ease ep,4y to the ex4en4 neeessar-y tmQerthe-EaiifefpAa Publie Reeer-ds Aet-and my other-applieable law.-121a3-4<a7x (d) As addi4ieaA eempensation for-the ffanehise, franehisee sh-a4l pay te the City a pole fee ("Pole Fee") in the ametint set by the fr-anehise agFeemefft appfeved by City Cetmeil for-the use ef ea City owned pole or other-City e�A%ed pr-epei4y upon whieb a radio has been insta4led pwsuw4 to the fimehise and designated-i in the fienehise-ag eeme (-343 a� 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No. 3782 days'poles,tfaffie sigaa4s of ether-City faeflities, ineltiding btA net limited te the ublie. sa"y 800 MHz radio system, of-jau&4w4 fr-anehisee shall notify City upon dii� (30) F33a8option, may pr-efnpt4y remove the abandoned mAie at(e) la the evei#that a"radio subjeet to the fianehise is abandoned and no longer-plaeed in sefviee for-a period of siN(6)menths er-mer-e, fiaaeMsee pr-eftTfly shall notify the City and the City, at its , days'dedieate the same to the City. The City slWl not issue fietiee to fieneMsee that the Q4y ifiten . the eptieft to require removal er-dedieatien ef the fadie ufAess and tHAil the City first. gives five (5) to r-emeve the r-adie,the City shall be en4ided to remove the radio eA fianehisee's sole eest a 4;l'eenstmefien work in publie.right ef way, 4-anehisee shfdl apply for-the appr-epriate 0 0 pennits required by law and pay any fee ehar-ged by the City fer-&ueh k&u&418-74 applireable peFmifting fees, and the the publie r-igM ef way, sheAl, if required under-applirable City er-dinanees, be stibjeet to the x i : apply for-and obtain all appropriate p .., its« r-e by ., „1 eablo lam_:,,,pier to�L.o fimehisee's planned initial installe6en ef radio shall be ineer-per-ated in the ffanehi , (e) Upon the eempletien of reenstfuefien wer-k, ffanehisee shall fiffaish to the City, in hard eepy and Y,.avaav f..viut.vv. (3348�rvr) *Tl,eney «the radio network shall e e th-e stfeet light pele er-ethef pai4 ef the publie right ef way te be damaged, either-as a r-esuft ef , , , if the fianehisee does net repair-the site,then the City sheAl hwe the eptien,upen fifteen(IS) days' 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No. 3782 ineuffed-er pa3`ao„t by the City,thefiFanehisee-sl3 use-tom e st& , eounsel aeeeptable te the City) and hold hafmiess the City,its eetmeil members, ) fines, ehafges,penalties, administfative and jtidieial pr-eeeeding and orders,judgments,r-efaedial employees and agents, fFefa and against any—A;R-d--A]-]- el—aims, demands, losses, damages, liabilities,- • (3348 ) eauses ef ae4ion, and rights it may asset4 against the City on weetint of any less, damage, j ehange of eleetrieal pewer-eaused by, among ether-, an Aet of God, an event or-eeeuffertee whiek is beyond the r-easenable eefftfel of the City, a pewer-eutage, a lightening strike, er-eeeasiened-by r-adie is a4taehed—. (33� for-the ees4 ef repair-te damaged r-adies arising fifem the ) f - (a) Fmaehisee shall obtain and maintain eA all times dwing the tefm of the franehise eempfehell 12.mu Afnet less than ene faillien dollars ($1,000,000)per-eeeuffenee, eembined single lifnit, ineluding bodily if��and pr-opeily damage and net less than one millien dollars aeeident. Sueb insufanee sh9l name the City, its eouneil members, effieer-s, employees, agents 49-74 peffefmanee ef wer-k under-the ffanehise, er- suitable additional insured endefsemefft aeeeptab altered te r-eduee eever-age tinfil the City has r-eeeived eA least d9fty(30) days' a&anee"tte sueh ehange-9reaneellafie-.-- 4 -M$ City s„b;o,.t t„the City ntt,,....ey's pr-ier-appr-eva4.<,l.;,.h shAl ,.lo.,,.ly st.,to. 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No. 3782 (1) Peliey number-; name of iaswmee eempany; Rame, address and telephone atimber-e agei4 or-authorized r-epr-eseatafive; name, address and telephone ntm-*ber-of ifisufed; pr-ejeet. (3) That f fan hiseo's insufanee Ad firs*,dellsf a r-espeet to a ether-valid o City may have and any ether-insufmee the City dees pessess "I be eensidefed exeess , 5 ef the Califemia Laber-Cede and all amendments thereto; and all sifailar State of Fedefal aet laws applieable; and shall indeffmify and held hamiless City fr-em and against all Compensation demands,payments, suits, aefiefis,pr-eeeedings and judgments of ever-y natwe ifieluding , , , ( -4a;) , liabilitythe eei4ifieate(s) of insufanee whieh shall be sent to and approved by the City At4emey. "Cress to be fimiished to City a geed and suffieient seesufity, so the ffafiehiSee.-R348-4474 43 3 City Couneil hefeby deelar-es diM it weWd have adopted this Chapter-and earah serfieft, .-q L-Q,P--,t.i-A--;;-net affeet the vali&y of the remaining pet4ion of this Chapter-er-its appliea4ien te other-per-sons. The 06-595 /6852 LEGISLATIVE DRAFT for Ordinance No.3783 Huntington Beach Municipal Code 17.64.010- 17.64.020(e) Chapter 17.64 UNDERGROUNDING OF UTILITIES (2222-12/77, 2382-7/79,2975-12/88, 3635-5/04) Sections: 17.64.010 Definitions 17.64.020 Underground utilities coordinating committee established 17.64.030 Duties 17.64.040 Planning Commission review 17.64.050 Underground public utilities facilities 17.64.060 Overhead installation 17.64.070 Conversion of overhead facilities 17.64.080 Underground trenches 17.64.090 Public hearing by Council 17.64.100 Council may designate underground utility districts by resolution 17.64.110 Unlawful to erect or maintain overhead utilities within district 17.64.120 Exceptions--Emergency or unusual circumstance declared exception 17.64.130 Exceptions to this chapter 17.64.135 Abandoned/non-use—notice to City 17.64.140 Community antenna television service 17.64.150 Director of Public Works--Authority of 17.64.160 Director of Geffimtmity DevelopmentPlanning--Authority of 17.64.170 City Council--Appeal to 17.64.180 Notice to property owners and utility companies 17.64.190 Responsibility of utility companies 17.64.200 Responsibility of property owners 17.64.210 Responsibility of city 17.64.220 Extension of time 17.64.010 Definitions. The following terms or phrases as used in this chapter shall, unless the context indicates otherwise, have the respective meanings herein set forth: (a) "Commission" shall mean the Public Utilities Commission of the state of California. (b) "Underground utility district" or "district" shall mean that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provision of section 17.64.110 of this chapter. (c) "Poles, overhead wires and associated overhead structures; shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used, or useful, in supplying electric, communication or similar or associated service. 1 06-595/6854 LEGISLATIVE DRAFT for Ordinance No. 3783 (d) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (2222-12/77) 17.64.020 Underground utilities coordinating committee--Established. There is hereby established an underground utilities coordinating committee, appointed by the City Council, which said committee shall consist of five (5)members as follows: (2222-12/77,2382-7/79,2975-12/88) (a) Director of Public Works; (b) Director of Community Development; (c) One city employee appointed by the City Administrator; (d) District representative, Southern California Edison Company; and (e) Senior engineer, Public Improvements, General Telephone Company. 17.64.030 Duties. It shall be the duty of the committee to advise the City Council with respect to all technical aspects of the undergrounding of public utilities within the city of Huntington Beach and in that regard the committee shall: (a) Determine the location and priority of conversion work within the city; (b) Recommend specific projects and methods of financing; (c) Recommend time limitation for completion of projects and extensions of time; (d) Develop a long-range plan for establishing underground utilities districts; (e) Perform such other duties as may be assigned to it by the City Council. The Director of Public Works shall be chairman of said committee. A majority of the members of the committee, or their authorized representatives, present at any meeting shall constitute a quorum. Said committee shall meet upon call of the chairman. Members of the committee shall serve at the pleasure of the City Council and without compensation. (2222-12/77) 17.64.040 Planning Commission review. Prior to submitting reports to the City Council, the committee shall submit all undergrounding plans to the Planning Commission in order to ascertain its recommendations with respect to comprehensive planning for the city, and the effect of such proposed undergrounding plans thereon. (2222-12/77) 17.64.050 Underground Public utilities facilities. All new public and private utility lines and distribution facilities, including but not limited to electric, communications, street lighting, and cable television lines, shall be installed underground,. eExcept as to communication facilities in the public right-of-way, surface-mounted transformers,pedestal-mounted terminal boxes, meter cabinets, concealed ducts in an underground system and other equipment appurtenant to underground facilities need not be installed underground, and provided further that cable television lines may be installed on existing utility poles within subdivisions developed with overhead utility lines. 2 06-595/6854 LEGISLATIVE DRAFT for Ordinance No.3783 This section shall not apply to main feeder lines or transmission lines located within the public right-of-way of an arterial highway as shown in the circulation element of the general plan. (2222-12/77) 17.64.060 Overhead installation. Installation of overhead utility lines is permitted for the following: (a) Relocation and/or the increase of the size of service on a lot when it does not necessitate any increase in the number of existing overhead lines and/or utility poles; (b) Any new service when utility poles exist along abutting property lines prior to February 15, 1967, and which are not separated by any alley or public right- of-way and no additional utility poles are required; (c) Temporary uses, including directional signs,temporary stands, construction poles, water pumps, and similar uses; (d) Oil well services. (2222-12/77) 17.64.070 Conversion of overhead utilities. Any new overhead service which is permitted by these provisions shall have installed a service panel to facilitate conversion to underground utilities at a future date. (2222-12/77) 17.64.080 Underground trenches. All underground utility lines in residential developments which are installed on private property shall be located along lot lines. However, the trench for service lines may curve from the lot line to the building at the nearest, most practical location. This provision is intended to reduce conflicts which may occur in future construction because of existing underground utility lines. (2222-12/77) 17.64.090 Public hearing by Council. The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Prior to holding such public hearing,the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten(10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons affected shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (2222-12n7) 17.64.100 Council may designate underground utility districts by resolution. If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within 3 06-595/6854 LEGISLATIVE DRAFT for Ordinance No.3783 a designated area,the Council shall, by resolution adopted by affirmative vote of at least five (5) members of the City Council, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district, the reason for placing public utilities underground (see Public Utilities Commission Rule 20), and shall fix the time within which such affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (2222-12/77) 17.64.110 Unlawful to erect or maintain overhead utilities within district. Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated structures therein, as provided in section 17.64.100 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in section 17.64.200 hereof, and for such reasonable time as may be required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (2222-12/77) 17.64.120 Exceptions--Emerizency or unusual circumstance declared exception.Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten(10) days without authority of the Council in order to provide emergency service. In such case,the Director of Public Works shall be notified in writing prior to the installation of the facilities. The Council may grant special permission on such terms as the Council may deem appropriate in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles overhead wires and associated overhead structures. (2222-12/77) 17.64.130 Exceptions to this chapter. The following shall be excluded from the provisions of this chapter unless otherwise provided in the resolution designating the underground utilities district: (a) Poles or electroliers used exclusively for street lighting. (b) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (c) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (d) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer. 4 06-595/6854 LEGISLATIVE DRAFT for Ordinance No. 3783 (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (f) Antennas, asseeiated equipment and suppei4ing stt=Hettffe&, used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface-mounted transformers,pedestal-mounted terminal boxes and water cabinets and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (2222-12/77) (i) Utilities with existing on-pole services as of the date of this ordinance, where the utility is not the sole user of the poles, and where the utility is replacing one single wire, cable, or line with another or adding an additional smaller wire, cable or line,provided that utility will be placed underground at the time the other utility utilizing the poles places its service underground. (3635-5/04) 17.64.135 Lines not in use—notice to City. At any time a line, cable or wire is taken out of service, or abandoned or is otherwise no longer used,the utility shall give notice of non-use to the City. Within six (6)months of the time upon which the line, cable or wire ceases to be used(the notice date)the utility shall remove the line, cable or wire from the poles. (3635-5/04) 17.64.140 Community antenna television service. Distribution lines and individual service lines for community antenna television (CATV) service shall be installed underground in all new developments within the city. All new CATV installations in said new developments shall be made in accordance with specifications adopted by City Council resolution. Said improvements within the public right-of-way, upon completion, shall be dedicated to the city of Huntington Beach. (2222-12/77) 17.64.150 Director of oPublic wWorks--Authority of. The Director of Public Works shall have the authority to waive the requirements of section 17.64.140 with respect to improvements within the public right-of-way when, in his/her judgment, it is determined to be in the best interest of the city so to do, based upon the following criteria: (a) Whenever engineering plans and specifications are not required. (b) Where existing improvements such as curbs and gutters, sidewalks, streets, etc. would have to be removed and replaced. (c) The location of existing overhead facilities. (d) The location of existing structures. (e) The condition of existing street improvements. (f) The amount of lineal footage of CATV facilities involved. (2222-12/77) 5 06-595/6854 LEGISLATIVE DRAFT for Ordinance No.3783 17.64.160 Director of Community Deveiopmen Plan nin --Authorityof. The Director of Genffnunity Develepmen4PIanning shall have the authority to waive the on-site requirements, as set out in section 17.64.140, when, in his judgment, it is determined to be in the best interest of the city so to do, based upon the following criteria: (2975-12/88) (a) Where existing improvements would have to be removed and replaced. (b) The location of existing overhead facilities. (c) The location of existing structures. (d) The condition of existing improvements. (e) The amount of lineal footage of CATV facilities involved. (f) The interface of the new development to the existing development on the site. (g) The interface to similar facilities required off site. (2222-12/77) 17.64.170 City Council--Appeal to. Any landowner or developer affected may appeal the determination of the Director of Public Works or the dDirector of Planning to the City Council. (2222-12/77) 17.64.180 Notice to property owners and utility companies. Within ten(10) days after the effective date of a resolution adopted pursuant to section 17.64.110 hereof, the City Clerk shall notify all affected utilities and all person owning real property within the district created by said resolution, of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service,they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. (2222-12/77) 17.64.190 Responsibility of utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 17.64.110 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (2222-12/77) 17.64.200 Responsibility of property owners. (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 17.64.190, and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 17.64.110 hereof, the City Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within thirty(30) days after receipt of such notice. 12/88 6 06-595/6854 LEGISLATIVE DRAFT for Ordinance No. 3783 (b) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons,the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, and the notice must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, city of Huntington Beach. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight(48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48)hours after the mailing thereof, cause a copy thereof, printed on a card not less than 8" x 10" in size, to be posted in a conspicuous place on said premises. (c) The notice given by the City Engineer to provide the required under ground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty(30) days after receipt of such notice,the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty(30) days, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall in lieu of providing the required undergrounding facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten(10) days thereafter. (e) The City Clerk shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests,the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within fifteen(15) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, 7 06-595/6854 LEGISLATIVE DRAFT for Ordinance No. 3783 and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of 6 percent per annum. (2222-12/77) 17.64.210 Responsibility of city. City shall remove at its own expense all city- owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 17.64.110 hereof. (2222-12/77) 17.64.220 Extension of time. In the event that any act required by this chapter or by a resolution adopted pursuant to section 17.64.110 hereof cannot be performed within the time provided because of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor,then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (2222-12/77) 12/88 8 06-595/6854 ATTAC H M E N T #4L] March 5, 2007—Council/Agency Minutes—Page 8 of 16 (City Council) Adopted Urgency Ordinance No.3766,Conducted a Public Hearing and Approved Establishing a Temporary Moratorium on the Installation of Wireless Telecommunication Facilities Including Those in the Public Right-of- Way, Extended Interim Ordinance No. 3748 Through March 18, 2008,Adopted Specific Findings Regarding the Detriment to the Public Health,Welfare and Safety and Declaring the Urgency Thereof to Take Effect immediately Mayor Coerper announced that this was the time noticed for a public hearing to consider the following Statement of Issue: Should the City adopt an extension to.Interim Ordinance No. 3748, including interim regulations that will allow providers to apply for permits for wireless communications facilities throughout the City including the public right-of-way? Legal notice as provided to the City Clerk's Office by staff had been published and posted. Senior Deputy City Attorney Leonie Mulvihill presented a PowerPoint report titled Moratorium on Wireless Facilities,which was announced earlier as a Late Communication. Mayor Coerper declared the public hearing open. The Assistant City Clerk restated for the record the following Late Communication which pertains to this public hearing: Communication submitted by City Attorney Jennifer McGrath dated March.5, 2007 and titled Late Communication, City Council Meeting of March 5, 2007, Agenda Item(dumber D-1, which includes the PowerPoint presentation for the hearing pertaining to the moratorium on wireless facilities. Leslie Daigle, representing Verizon Wireless, stated that no other city in California charges a fee for a wireless communication franchise and opined that such a fee is not authorized by law. She reiterated for the record that Verizon Wireless is opposed to the fee. (1:35:54) There being no persons present to speak further on the matter and there being no further protests filed, either written or oral,the Mayor declared the public hearing closed. A motion was made by Hardy, second Cook to, after the City Clerk read by title, approve and adopt Urgency Ordinance No. 3766, An Interim Ordinance of the City Council of the City of Huntington Beach Establishing a Temporary Moratorium on the Installation of Wireless Telecommunication Facilities Including Those in the Public Right-of-Way and Declaring the Urgency Thereof, To Take Effect Immediately and adopt specific findings regarding the detriment to the public health,welfare and safety and extending Interim Ordinance No. 3748 for one year. The motion carried by the following roll call vote: AYES: Bohr, Carchio, Cook, Coerper,Green, Hansen,and Hardy NOES: None ATTACHMENT #5 JJ City of Huntington Beach Planning Department , STAFF REPORT HUNTING70N BEACH TO: Planning Commission FROM: Scott Hess, Director of Planning BY: Rosemary Medel, Associate Planner DATE: April 10, 2007 SUBJECT: ZONING TEXT AMENDMENT NO. 06-08 (AMENDING CHAPTER 230.96 WIRELESS COMMUNICATION FACILITIES) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 06-08 request: - Amend Chapter 230 (Site Standards), Section 230.96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance to allow the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way. - Establish a Wireless Permit Application process that encourages co-location and the undergrounding of wireless facilities. • Staff s Recommendation: Approve Zoning Text Amendment No. 06-08 based upon the following: - The amendment will encourage and facilitate wireless facilities throughout the city while preventing visual clutter. - The introduction of the Wireless Permit will ensure that wireless facilities will not have adverse impacts citywide nor within the public right-of-way. - The amendment will require that when possible wireless facilities are located in the least obtrusive site necessary in order to continue wireless coverage in the area. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 06-08 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2), including the legislative draft to the City Council for adoption." B-1 ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 06-08 with findings for denial." B. "Continue Zoning Text Amendment No. 06-08 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 06-08 represents a request to amend Section 230.96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance pursuant to Chapter 247 (Amendments). The proposed ordinance allows the City to exercise reasonable control over the time, place, and manner of installation of wireless facilities including those in the public right-of-way. ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: Zoning Text Amendment(ZTA)No. 06-08 impacts all wireless facilities citywide regardless of location. LOCATION GENERAL PLAN ZONING LAND USE: Citywide All Land Use Categories All Zoning Categories All Land Uses General Plan Conformance: The proposed Zoning Text Amendment No. 06-08 is consistent with the goals, policies, and objectives of the City's General Plan as follows: Utilities Element Goal U 5: Maintain and expand service program to City of Huntington Beach residences and businesses. Obiective 5.1: Ensure that adequate natural gas, telecommunication and electrical systems are provided. Policy U 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. Policy U 5.1.3: Review requests for new utility facilities, relocations, or expansions to existing facilities. Policy U 5.1.4: Require the review of new or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the City's coastal corridors and entry nodes. The amended ordinance will encourage and facilitate wireless communication facilities where they are invisible to pedestrians, and co-located with other facilities. PC Staff Report -04/10/07 2 (07sr02 ZTA 06-08) Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed ZTA No. 06-08 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The City Attorney's Office drafted the proposed ordinance to be current with state and federal law. The Department of Public Works reviewed the wireless facilities ordinance and determined that the encroachment permit process regulated by the Municipal Code will need to be amended by their department. Public Notification: A 1/8 page legal notice was published in the Huntington Beach/Fountain Valley Independent on March 29, 2007, and notices were sent to individuals/organizations requesting notification (Planning Department's Notification Matrix), as well as other interested parties. As of April 3, 2007 no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action—Not Applicable Legislative actions are not subject to mandatory processing dates. However, ZTA No. 06-08 must be in effect prior to the expiration of the moratorium on March 19, 2008. BACKGROUND: In August 2006 the City Council adopted a moratorium on the installation of wireless telecommunication facilities in the public right-of—way. This moratorium was extended on September 18, 2006 for a six- month period. On March 5, 2007 the City Council extended the moratorium for one year through March 18, 2008 and adopted interim regulations to allow for the processing of permits not withstanding the moratorium. On March 27, 2007 a study session was held with the Planning Commission to review and discuss the proposed amendment. PC Staff Report -04/10/07 3 (07sr02 ZTA 06-08) ANALYSIS: With the adoption of the moratorium and the interim ordinance by the City Council, the City Attorney's Office was instructed to prepare updates to the Huntington Beach Zoning and Subdivision Ordinance that are consistent with current state and federal law. The court recognized the right of municipalities to exercise reasonable control over the time, place and manner by which telephone corporations use the public right-of-way to install and operate their facilities. The Court of Appeals concluded that a wireless ordinance that employs a permitting process to regulate the place including location of the equipment and the manner or the appearance and characteristics of the premises in which wireless providers use the right-of-way was authorized by the California Public Utilities Code. The intent of the proposed ordinance is to encourage and facilitate wireless communication facilities where they are invisible to pedestrians, co-located with other facilities or installed underground to reduce visual clutter. The proposed changes include the requirements for a Wireless Permit application and clarification of requirements for wireless facilities in the public right-of-way, and on public and private sites. Through the submittal of a Wireless Permit Application, the applicant must demonstrate that the wireless communication facility is located in the least obtrusive location feasible so as to eliminate any gap in service. Additionally, the applicant must respond to various questions addressing compatibility with surrounding environment, screening or camouflage,massing and location,proportion and potential interference issues. With the Wireless Permit process, certain subsections or line items are either deleted or relocated within the permit process. The Planning Commission directed staff to illustrate the amendment in a table format. These changes are illustrated in Table 1. TABLE 1: WIRELESS ORDINANCE AMENDMENT—SECTION 230.96 SUBSECTIONS-LEGISLATIVE DRAFT AMENDMENTS 230.96 A Modified or Added Language 230.96 B. 9, 10, 11 Language Relocated/Added Language 230.96 C Modified or Added Language 230.96 D New Process and Relocated Language 230.96 E. 1 Relocated Existing Language 230.96 E. 2 Modified or Added Language 230.96 E. 3 Relocated Existing Language 230.96 F. 9, 10, 11 Relocated Existing Language 230.96 F.12 Modified or Added Language 230.96 F.13 Modified or Added Language The City Attorney's Office is also in the process of conferring with the Department of Public Works on proposed amendments to the encroachment permit process. PC Staff Report -04/10/07 4 (07sr02 ZTA 06-08) ATTACHMENTS: 1. — 2. - 3. 4. Wireless Permit Application 5. City Council Report dated March 5, 2007 SH:LM:MBB:RR:RM PC Staff Report -04/10/07 5 (07sr02 ZTA 06-08) CITY OF HUNTINGTON BEACH WIRELESS PERMIT APPLICATION FORM This form is designed to elicit required technical information in support of an application for a new or modified permit (generally, the "Permit") for a wireless site within the City of Huntington Beach. This application is a mandatory element of the application process. No application fora new wireless site Permit or for a modification of an existing wireless site Permit shall be considered for determination of completeness until this form and required attachments are provided to the City of Huntington Beach. Every page of this form, including this page, must be completed and submitted to the City of Huntington Beach, and each page must be signed and/or initialed where indicated. Questions about this form or the required information to be provided should be directed to the City Planner assigned to your project or to the Director of Planning at (714) 636-6271 for the City of Huntington Beach. You are advised to be familiar with the City's Municipal Code and Zoning and Subdivision Ordinance, which establishes standards and guidelines for the installation of wireless communications facilities in the City of Huntington Beach. <Continue to next page> 06-595/9174 3130107 Page 1 of 9 Applicant Must Initial Here: ATTACHMENT NO. 1.00: Applicant Information 1.01: Project Address: 1.02: Project Assessors Parcel Number: 1.03-. Name of Applicant: 1.04: Name of Property Owner: 1.05: Applicant is: _Owner _Owner's representative _ Other 1.06: Applicant's Address Line 1: 1.07: Applicant's Address Line 2: 1.08: Applicant's Address Line 3: 1.09: Applicants Address Line 4: 1.10: Applicant's Phone number: 1.11: Applicant's Mobile number: 1.12: Applicant's Fax number: 1.13 Applicant's Email address: If Applicant is the Property Owner and the name and contact information above is the same, initial here and proceed to 3.01. <Continue to next page> 06-595 19174 3/30/07 Page 2 of 9 Applicant Must Initial Here: w v, NO. 2.00: Project Owner information 2.01: Disclose the Names, Addresses, contact persons, and telephone numbers for all Project Owners (use additional sheets if required and mark as "Attachment 2.01 2.02: Project Owner Name (i.e., carrier or licensee): 2.03: Address (line 1): 2.04: Address (line 2): 2.05: City: State: Zip: 2.06: Contact Person Name: 2.07: Contact Person's telephone number/extension: 2.08: If the Applicant is not the project owner, attach a letter of agency appointing the Applicant as representative of the Project Owner(s) in connection with this application. Designate the letter of agency as Attachment 2.08". initial here if Attachment 2.08 is attached to this application, and continue to 3.00. 2.09: If the Applicant is not the property owner, attach a letter of agency appointing the Applicant as representative of the Property Owner in connection with this application. Designate the letter of agency as "Attachment 2.09". Initial here if Attachment 2.09 is attached to this application, and continue to 3.00. <Continue to next page> 06-595/9174 3/30/07 Page 3 of 9 Applicant Must Initial Here: ? 3'Af% No 3.00: Project Purpose 3.01: Justification. Provide a non-technical narrative, accompanied by written documentation where appropriate, which explains the purpose(s) of the proposed Project. 3.02: Indicate whether the dominant purpose of the Project is to add additional network capacity, to increase existing signal level, or to provide new radio frequency coverage (check only one). Add network capacity without adding significant new RF coverage area Increase the existing RF signal level in an existing coverage area Provide new radio frequency coverage in a significant area not already served by existing radio frequency coverage by the same Owner or affiliated entity (such as a roaming agreement with an affiliated entity for a cellular or PCS carrier). Other 3.03 1f the answer in 4.02 is not"Other proceed to 5.00. 3.04 Attach a statement fully and expansively describing the "Other" dominant purpose of this project. Designate this attachment, "Attachment 4.04". Initial here to indicate that Attachment 4.04 is attached to this application. <Continue to next page> 06-595 1 91 74 3/30107 Page 4 of 9 Applicant Must Initial Here: AtTACKMENT NO. 4.00: Radio Frequency Coverage Maps 4.01: Where a licensee intends to provide radio frequency geographic coverage to a defined area from the Project(including applicants in the cellular, PCS, broadcast, ESMR/SMR categories), the coverage maps and information requested below are required attachments. All others proceed to 7.00. For the coverage maps required here, the following mandatory requirements apply: 1 . The size of each submitted map must be no smaller than 8.5" by 11", and all maps must be of the same physical size, scale, and depict the same geographic area. Include major streets and street names on each map. All maps must share a common color scheme. 2. If the FCC rules for any proposed radio service define a minimum radio frequency signal strength level, that level must be shown on the map in a color easily distinguishable from the base paper or transparency layer, and adequately identified by RF level and map color or gradient in the map legend. If no minimum signal level is defined by the FCC rules you must indicate that in the legend of each RF coverage map. You may show other RF signal level(s) on the map so long as they are adequately identified by objective RF level and map color or gradient in the map legend. 3. RF coverage maps with labels such as, "In-Building" "in-Car" and "Outdoor" or referencing a link budget without corresponding signal strengths in units of "dBm"will be rejected. 4. Where the City of Huntington Beach determines that one or more submitted maps are inadequate, it reserves the right to require that one or more supplemental maps with greater or different detail be submitted. 4.02: Map of existing RF coverage within the City of Huntington Beach on the same network, if any (if none, so state). This map should not depict any RF signal coverage to be provided by the Project. Designate this map "Attachment 6.02". Initial here to indicate that Attachment 6.02 is attached to this application. 4.03: Map of RF coverage to be provided only by the Project. This map should not depict any RF coverage provided by any other existing or proposed wireless sites. Designate this map"Attachment 6.03". Initial here to indicate that Attachment 6.03 is attached to this application. 4.04: Map of RF coverage to be provided by the Project and by other wireless sites on the same network should the Project be approved. Designate this map "Attachment 6.04". Initial here to indicate that Attachment 6.04 is attached to this application. <Continue to next page> 06-595/9174 3/30/07 Page 5 of 9 Applicant Must Initial Here: ATTACHMENT NO: 5.00: Project Photographs and Photo Simulations 5.01: Where an Applicant proposes to construct or modify a wireless site, the Applicant shall submit pre-project photographs, and photo simulations showing the project after completion of construction, all consistent with the following standards: 1 . Minimum size of each photograph and photo simulation must be 8.5" by 11" (portrait or landscape orientation); 2. All elements of the project as proposed by the Applicant must be shown in one or more close-in photo simulations. 3. The overall project as proposed by the Applicant must be shown in five or more area photos and photo simulations. Photos and photo simulation views must, at a minimum, be taken from widely scattered positions separated by an angle of no greater than 72 degrees from any other photo location. 4. For each photograph and photo simulation, show on an area map the location and perspective angle of each photograph and photo simulation in relationship to the Project location. 5. All 'before' and after photos and photo simulations must be of the same scale. For example, do not place a smaller `before' photo in a box on the same page as a large `after' photo simulation. The number of site photos, and photo simulations, and the actual or simulated camera location of these photos and photo simulations are subject to City of Huntington Beach determination. The Applicant must submit photos and photo simulations consistent with these instructions, and be prepared to provide additional photos and photo simulations should they be requested by the City of Huntington Beach. <Continue to next page> 06-595/9174 3/30/07 Page 6 of 9 Applicant Must Initial Here: TTA T o 6.00: Candidate Sites 6.01: For applicants in the cellular, PCS, broadcast, ESMR/SMR categories, and others as requested by the City of Huntington Beach, the information requested in Section 8 is required. All others proceed to 9.00. 6.02: Has the Applicant or Owner or anyone working on behalf of the Applicant or Owner secured or attempted to secure any leases or lease-options or similar formal or informal agreements in connection with the project for any sites other than the candidate site identified at 1.01 and 1.02? Yes No 6.03: If the answer to 8.02 is NO, proceed to 8.05. 6.04: Provide the physical address of each such other location, and provide an expansive technical explanation as to why each such other site was disfavored over the Project Site. Designate this attachment "Attachment 8.04". Initial here to indicate that Attachment 8.04 is attached to this application. 6.05: Considering this proposed site, is it the one and only one location within or without the City of Huntington Beach that can possibly meet the objectives of the project? Yes _No 6.06: if the answer to 8.05 is NO, proceed to 9.00. 6.07: Provide a technically expansive and detailed explanation supported as required by comprehensive radio frequency data fully describing why the proposed site is the one and only one location within or without the City of Huntington Beach that can possibly meet the radio frequency objectives of the project. Explain, in exact and expansive technical detail, all of the objectives of this project. Designate this attachment, "Attachment 8.07". Initial here to indicate that Attachment 8.07 is attached to this application. <Continue to next page> 06-595 19174 3/30/07 Page 7 of 9 Applicant Must Initial Here: AVA H t N . 7.00: Identification of Key Persons 7.01: Identify by name, title, company affiliation, work address, telephone number and extension, and email address the key person or persons most knowledgeable regarding: 7.10 (1) The site selection for the proposed project, including alternatives; 7.11 Name: 7.12 Title: 7.13 Company Affiliation: 7.14 Work Address: 7.15 Telephone/ Ext.: 7.16 Email Address: 7.20 (2) The radio frequency engineering of the proposed project; 7.21 Name: 7.22 Title: 7.23 Company Affiliation: 7.24 Work Address: 7.25 Telephone/Ext.: 7.26 Email Address: 7.30 (3) Rejection of other candidate sites evaluated, if any; 7.31 Name: 7.32 Title: 7.33 Company Affiliation: 7.34 Work Address: 7.35 Telephone/Ext.: 7.36 Email Address: 7.40 (4) Approval of the selection of the proposed site identified in this project. 7.41 Name: 7.42 Title: 7.43 Company Affiliation: 7.44 Work Address: 7.45 Telephone/Ext.: 7.46 Email Address: 7.5 If more than one person is/was involved in any of the four functions identified in this section, attach a separate sheet providing the same information for each additional person, and identifying which function or functions are/were performed by each additional person. Designate this attachment "Attachment 7.5". Initial here to indicate that the information above is complete and there is no Attachment 7.5, or initial here to indicate that Attachment 7.5 is attached to this application. <Continue to next page> 06-595/9174 MOW Page 8 of 9 Applicant Must Initial Here: ATTACHMENT T NU- �..,� 8.00: Form Certification 8.01: The undersigned certifies on behalf of itself and the Applicant that the answers provided here are true and complete to the best of the undersigned's knowledge. Signature Title Print Name Email Address Print Company Name Telephone Number/extension Date Signed <Stop Here. End of Form> 0&595/9174 3/30/07 Page 9 of 9 Applicant Must Initial Here: 61T AO HMEN i No � ATTACHMENT NO . 6 ZONING TEXT AMENDMENT NO. 06-08 and AMENDMENTS TO HSMC CHAPTERS 12 AND 17 Amending Chapter 230 of Zoning and Subdivision Ordinance and Adopt Amendments to Municipal Code Chapters 12 and 17 as they pertain to Wireless Communication Facilities and the Public Right-of-Way September 4, 2007 REQUEST Amendments to Chapter 230 (Site Standards) of th Huntington Beach Zoning and Subdivision Ordinance and Amendments to Chapters 12 and 17 of the Municipal Code pertaining to Wireless Communication Facilities and the Public Right-of- Way. ■ Allows the City to exercise reasonable control over the time, place, and manner for the installation of wireless facilities including those in the public right-of-way. ■ Establishes a Wireless Permit application process. ■ Modifies, relocates, or adds language for better clarification of existing criteria. 1 BACKGROUND ■ In August 2006 City Council adopted a moratorium on the installation of wireless communication facilities in the public right-of-way. ■ On September 18, 2006, the moratorium was extended for six months. ■ On March 5, 2007, City Council extended the Interim moratorium for a period of one year and included interim regulations. ■ On March 27, 2007, a study session was held with the Planning Commission to review and discuss the proposed amendment. BACKGROUND (cont'd) ■ On April 10, 2007 the Planning Commission recommended approval with some modifications to the ordinance language. 2 ANALYSIS ■ The City Attorney's Office was instructed to prepare updates to HBZSO that are consistent with current state and federal law. ■ The court recognized the right of municipalities to exercise control over wireless facilities with respect to time, place, and location. ■ The draft ordinance is consistent with the interim ordinance adopted by the City Council. ANALYSIS (cont'd) ■ The draft ordinances require that all facilities installed in the public right-of-way be underground except for antennas. ■ The ordinances encourage the co-location with other wireless facilities in an effort to minimize visual clutter. ■ The Wireless Permit process is applicable to all wireless facility proposals regardless of location. ■ Amendments to the ordinances either relocate existing criteria or merely adds text for clarification. 3 RECOMMENDATION ■ Staff recommends that City Council approve Zoning Text Amendment No. 06-08 and the amendments to HBMC Chapters 12 and 17 with findings. 4 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: ZONING TEXT AMENDMENT NO. 06-08 (WIRELESS FACILITIES COUNCIL MEETING DATE: September 4, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Ap licable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not A plicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (initial) City Administrator Initial ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: SKLMJI-I MMRM _ SEP-04-2007 TUE 04:31 PM Local Public Affairs SA FAX NO, 7149735752 P. 01/01 SOU FMON CAufORNIA Tami Bud .j E D'S O A J Recoil l-Aic Mr V I v Local I'uhlic AI'ksrii•s An EMON INT1:'ANATIONAVI,l'.op�pnnY September 4,2007 Honorable Gil Coerper �RIL Mayor,City o:fHuntington Beach RECEIVED FROM AS PUBLIC RECOR 2000 Main Street, OF Huntington Beach,CA 92648 CITY CLE K FFlCE L.FLYNN,CITY CLERK RE: Agenda Item No.D.3 .BAN � 3 Dear Mayor Coerper: Southern California Edison(SCE)requests that Item No. .3 .Ordinance No.3779, Ordinance No.3780,Ordinance No.3781,Ordinance No.3782, and Ordinance No.3783. Be removed from the September 4,2007 city council agenda to allow time for SCE to meet with Huntington Beach city staff. Our purpose in requesting additional time is to obtain a better understanding of how this ordinance will be implemented as well as provide staff with background information on the potential negative impact of the proposed ordinance. Upon our initial review,we are concerned that the ordinance may,inadvertently,negatively impact our ability to operate the electrical,system for the city of Ii.untington Beach. SCE has experience with similar ordinances and by working as a collaborative partner, we may be able to provide you with resources that can help you achieve your desired goals while at the same time allowing SCE to fulfill its role as your locally franchised electric utility. Thank you for your immediate attention to this matter. 1 look forward to the opportunity to meet with your staff and create a policy that creates a win-win outcome for all concerned parties.If there are any questions,please feel free to contact me at 714-895-0271. Sincerely, Tami Bui, Public Affairs Regional Manager Cc: Mayor Pro fern Debbie Cook Councilmember Keith Bohr Councilmember Joe Carchio Councilmember Cathy Green Councilmember Don Hansen. Councilmember Jill Hardy Penny Culbreth-Graft, City Administrator Jennifer McGrath,City Attorney i.3.=a 1rAnia.Hopkins,Acting Director of Public Works Wostmi4ddtt%e$*T)irector of Planning 71 a-8 15.0271/PAX Y4271 Fan 714-fi95-0188 Tmni,Rui(!� ce.com NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, September 4, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following Planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 06-008 (WIRELESS COMMUNICATION FACILITIES) Applicant: City of Huntington Beach Request: To amend Chapter 230 of the Zoning and Subdivision Ordinance and Chapters 12 and 17 of the Huntington Beach Municipal Code as they pertain to wireless facilities. Location: Citywide Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item No. 1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on August 30, 2007 (Thursday before meeting). ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (CADocuments and Settings\esparzap\Local Settings\Temporary Internet Files\OLK I 5B\070904.DOC) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, September 4, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following Planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 06-008 (WIRELESS COMMUNICATION FACILITIES) Applicant: City of Huntington Beach Request: To amend Chapter 230 of the Zoning and Subdivision Ordinance and Chapters 12 and 17 of the Huntington Beach Municipal Code as they pertain to wireless facilities. Location: Citywide Proiect Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item No. 1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on August 30, 2007 (Thursday before meeting). ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (GALEGALS\CITY COUNCIL\2007\070904.DOC) Page 1 of 1 /�IO 7 Esparza, Patty /k'LZ. �_ �a c)'J From: Channels, Susan [Susan.Channels@latimes.com] Sent: Thursday, August 16, 2007 5:17 PM To: Esparza, Patty Subject: RE: Hi Patty 1/8 classified display ad received for HBI legals 8/23 publish date Thank you! Susan Channels Legal Notices Daily Pilot/ Huntington Beach Independent 714-966-4689 FAX 949-646-5008 susan.channels@latimes.com -----Original Message----- From: Esparza, Patty [ma i Ito:PEspa rza@su rfcity-hb.org] Sent: Thursday, August 16, 2007 4:24 PM To: susan.channels@latimes.com Subject: Importance: High Hi Susan—Attached is a legal ad for publication on 8/23/07. This ad needs to be 1/8 of a page in size. If you have any questions, give me a call. Thanks! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 8/20/2007 • I CITY COUNCIL./REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST A SUBJECT: 7;4-- ,.e�,�r,�P �YD ./� OD DEP } TMI✓'NT: � a9e�� < _: MEETING DATE: a C PHONE: O ACT: QUA YES NO ( ) ( ( ) Is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,'day and time of the public bearing correct? ( ( ) { ) If an appeal,is the appecant's name included in the notice? ( ( ) { ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) (ty'Is there an Environmental Status to be approved by Council? ( ( ) ( ) Is a map attached for publication? Is a larger ad required? Size ( ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? i i ( ( ) ( ) Are the applicant's name and address part of the mailing labels? Are the appelanes name and address part of the marling labels? If Coastal Develo went Permit,is the Coastal Commission art of the mania • tom - t• j O - p p g labels? g ( ( ) ( ) If Coastal Development Permit,are the resident labels aitacbed? Is the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: _ J 1. Minim=days from publication to hearing date /l4 2. Number of times to be published 3. Number of days between publications �- 21 s - A113AV-09-008-1 uol�na;sui,p ;,uauaa6jey�ap sues ,w0965�A213AV .tege6 el zeslll;n wog LAHEIS Maw ����Iei—itt& ct tECtH tS1"B" V jalad g salrm seumbul MAILING LABELS March 7,2007: :Labe s\ \Public Hearing California Coastal Commission 25 Jon M.Archibald 32 Sally Graham 39 Theresa Henry Westminster Sc District Meadowlark Area South Coast Area Office 14121 Ceda ood Avenue 5161 Gel ' ircle 200 Oceangate,10th Floor Westmins r CA 92683 Huntin n Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritter 33 Cheryle Brow ' 39 South Coast Area Office HB Union High ool Disrict Meadowaar a 200 Oceangate, 10th Floor 10251 Yorkt n Avenue 16771 osevelt Lane Long Beach,CA 92802-4302 Huntingt Beach,CA 92646 Hun' gton Beach,CA 92649 Ryan P.Chamberl ' 26 34 Hearthside Homes 40 Caltr, Distric 2 6 Executive Circle,Suite 250 3337 Miche n Drive,Suite 380 Irvine,CA 92614 Irvine,C 92612-1699 Director 27 Goldenwest Coll, 35 Bolsa Chica Land T 41 Local Solid Waste .Agy. Attn: Fred O s 5200 Warner Av e,Ste. 108 O.C. Health C Agency 15744 Go enwest St. Huatingto ach,CA 92649 P.O.Box 3 Huntin on Beach CA 92647 Santa Ana,CA 92702 New Growth Coordinator 28 OC County Harbors,B 36 Bolsa Chica Land Trust 41 Huntington Beach Pos ffice and Parks Dept. Evan Henry,Preside 6771 Warner Ave. P.O. $ox 40 1812 Port Ti ace Huntington B CA 92647 Santa 92702-4048 Newport P6kh,CA 92660 Marc Ecker 29 Huntington Beach 37 Steve Homer,Chairpe 42 Fountain Valley Ele ool Dist Atm:Pat Ro - aude SEHBNA 17210 Oak S 7777 r Ave_#300 P.O.Box 5 Fountain Valley CA 92708 Huntington Beach CA 92647 Huntin on Beach,CA 92615 Dr.Gary Rutherford,S r. 30 Country View Estates CIA 38 OC Sanitation Distric 42 HB City Elemen ool Dist. Carrie Thomas 10844 Ellis AV , 20451 Craim e 6642 Trotter rive Fountain ey CA 92708 Huntin Beach,CA 92648 Huntingt Beach CA 92648 David Perry 30 Country View Estat CA 38 Eric Pendegra�Planager 42 HB City Eleme School Dist Gerald Chap AES Huntingt 20451 C Lane 6742 Shire rcle 21730 Ne d Street Huntingt Beach,CA 92648 Huntin on Beach CA 92648 Huntin n Beach CA 92646 Richard Loy 42 Huntington Beach Girls Softball* 47 AYSO Region 56 47 9062 Kahului Drive Mike Erickson Commission athy White Huntington Beach CA 92646 P.O. Box 3943 22041 Ca a Circle Huntington Beach,CA 92605-3943 Huntin n Beach,CA 92646 John Ely 42 AYSO Region 117 47 AYSO Region 47 22102 Rockport Lane John Almanza Commissio r Duane Hurtado Huntington Beach CA 92646 9468 Cormorant Cr P.O.B 1852 �'/� Fountain Valley,CA 92708 Hun�gtonBach�CAA 92647 T T wan;eat lead�(se3 ao; waded paadT / �m096SS 31VldW31®tiaAv asB wi0965®A?J3/�d ; slaQe7 Ind 3 ;ways uolPn�;sul aaS V i I A113"-09-008-1, uo!pnj;su!,p ;uauja6aey�ap sues ,w0965®Ab3AV;!aege5 a!zas!lt;n MAILING WEISS March 7,2007.. Pubfi ��it�ng N cHecxc►sr�e� V awed V sal.0%sauanbp� President 1 Huntington Har r POA 10 Sue johns 16 H.B.Chamber of Commerce P.O.Box 7 19671 'et Bay Lane 19891 Beach Blvd.,Ste. 140 Sunset ch,CA 90742 H gton Beach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 William D. Holman 11 Orange County Assoc.of Realtors PLC 25552 La Paz Road 19 Corporate Plaza Drive Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 Jeffrey M.Oderman 12 Pacific Coast Archaeo ogical 18 Amigos De Bo pica RUTAN&TUCKER,LLP Society,Inc. P.O.Box 3 611 Anton Blvd.,101 Floor P.O. Box 109 Hun' n Beach,CA 92647 Costa Mesa CA 92626-1950 Costa Me CA 92627 Attn: e Gothold Sunset Beach Co ty Assoc_ 4 Pres.,H.B.Hist.Society 13 Director 19 Pat Thies,Pre ' eat C/O Newland House Museum O.C.Ping&Dev. rvices Dept PO Box 2 19820 Beach Blvd_ P.O. Box 404 Sunse ach,CA 90742-0215 Huntington Beach,CA 92648 Santa An A 92702-4048 President 5 Community Services Dept 14 Bryan Speegle 19 Huntington Beach Tomorrow Chairperson O.C Resources evelop.Mgt Dept.. PO Box 865 Historical Resources Bd_ P.O.Box 40 Huntington Beach,CA 92648 Santa eCA 92702-4048 Julie Vandermost 6 Council on g 15 Planning Director 20 BIA-OC 1706 O Ave. City of�F2628-1200 a 17744 Sky Park Circle,#170 Hun n Beach,CA 92648 P. O.Irvine CA 92614 4441 Costa Richard Spicer 7 Jeff Metzel 16 PlannI Director 21 SCAG Seacliff HO City untain ey818 Wes# 12th Floor 19391 S y Harbor Circle 1020ter ve.Los les,CA 90017 H gton Beach,CA 92648 Founalley,CA 92708 ET.I.Corral 100 8 John Roe 16 Planning HO City Director 22 Mary Bell Seacliff y of Newport ach 20292 Eastwood Cir. 19382 Su ale Lane P.O. Box 17 Huntington Beach,CA 92646 Hun' n Beach,CA 92648 Newpo each,CA 92663-8915 Craig Justice 9 Lou Mannone 16 Planning Director 23 Environmental Board Chairman Seacliff HO City of Westmins 8711 Squires Circle 19821 Oc Bluff Circle 8200 Wes er Blvd. Huntington Beach,CA 92646 Huntin on Beach CA 92648 Westmins r,CA 92683 Planning Director 24 Mary Lou Beckman 31 HB Hamptons HO 38 City of Seal Beach Ocean View Elementary School District Progressive Coe Mgmt 211 Eight St 17200 Pinehurst Lane 27405 Pue al,#300 /�� Seal Beach,CA 90740 Huntington Beach CA 92647 Missio sego,CA 92691 T31 asn wi0965�A?J3AVd g T ain;eaj lead ASe3 ao; a waded paajT wi0965 31V]dWgel leeAja b se3 i 1084S u0panalsul aa$ V 10 s1aQe'1 Ind K',k w -X. � y pg t t $F.FT ]�GIf�3FFE , - Huntington Beach Independent has been adjud-e( 15 en AWT a circulation in Huntington Beach and Oran e Count Q I 4 n }[ m IR! s m � see , Court of Orange County,State of California,undergtarn*0%, �� 0 � A50479. 03 Z �EXX i 1Vlt�l 1VIE1�T i(�t � '' C n 3 PROOF OF =.; a ����as�n��e�na'fi te�s�ac�li�tes �►c 'o � PUBLICATIO Fe _ .�' � �N thatetrt�o a caegocpty, �Q � ' i}�i��nvulenta} utility Acl STATE OF CALIFORN mot ' � � K S REBY0>I EN Item R 1 wtllregwre a'Local Coastal [q� x � rufigkv G ltfor a taL o tmiss on j COUNTY OF ORANGE gn#ien e uo A oPx' t vata a f�iedfiparfG1tyGlilcscez 3Q ©U7 �WSW 3>� xsat they am the Citizen of the United S lv�A r� `* s - ,r A 2`�$,4- -�+` ° `L, - 5Y A'i +S I,r am�'.�rx s��t� � resident of the County aforesaid - � 13�P�1;RSOI5ac mvuecl�atten�lsaile�ai}expt ° s livid, x a6a x r Qr Ythe 1Cit timt a a Tf:y c�en e e ugc�s >� the age of eighteen ears and yfi a g g years, i�a lre�ite��to;�s�g�bnlyase issues you cso#neone'�lse�'ased �e�ltUlie� to or interested in the below enti " ° ��`"' no espoaace dle1►e ' r sr � aaian of queshons` as e)�famunn `epat#ment at3�27anre am a principal clerk of the HU x + ��_ P P iet c urwttQncammur�icattons �e � lelf k r KM BEACH INDEPENDENT, a ne y :ik` _ � general circulation, printed and i JAVfN �Ci � : the City of Huntington Beach, � z�o a Orange, State of California, � Y b-Soriti9z( 8 attached Notice is a true and co -N as was printed and published on the following date(s): AUGUST 23, 2007 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on AUGUST 2 3, 2 0 0 7 at Huntington Beach, California Signature