20.80.1915

A. This section is adopted pursuant to Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act now codified at 47 U.S.C. Section 1455(a) ("Section 6409(a)") and Federal Communications Commission Report and Order FCC-14-153 ("Wireless Infrastructure Order") and shall be retroactive to April 9, 2015, the effective date of the Wireless Infrastructure Order. B. For purposes of this section, the following definitions shall apply: 1. "Baseline condition" means: a. As to height, the height of the original wireless tower or base station where the transmission equipment is proposed to be separated horizontally from the existing transmission equipment, such as on building rooftops, and for all other deployments, the height of the wireless tower or base station, inclusive of originally approved equipment and all modifications approved prior to February 22, 2012. b. As to width, the width inclusive of originally approved equipment and all modifications approved prior to February 22, 2012. 2. "Base station" means a non-wireless tower supporting structure at a fixed location which has transmission equipment that enables FCC licensed or authorized wireless communications between user equipment and a communications network. 3. "Collocation" means the mounting or installation of transmission equipment on a wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. 4. "Concealment elements" means camouflaging methods applied to wireless towers and base stations that render wireless towers or base stations more visually appealing or blend the wireless tower or base station into an existing structure or visual backdrop in such a manner as to render the wireless tower or base station minimally visible to the casual observer. Concealment may utilize, but does not require, concealment of all components of the wireless transmission equipment. 5. "Current site" means: a. For wireless towers, the current boundaries of the leased or owned property surrounding the wireless tower and any related access or utility easements; and b. For base stations, the current boundaries of the leased or owned property surrounding the base station and any related access or utility easements, and further restricted to the area in proximity to the base station and other transmission equipment already deployed on the ground. 6. "Existing wireless tower" or "existing base station" means a wireless tower or base station, with both a physical and a legal existence, and does not include structures that (1) merely could support transmission equipment; (2) were illegally constructed without all proper wireless site review; or (3) were legally constructed but at a time when applicable local law did not require wireless site review, provided that a wireless tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 7. "FCC" means the Federal Communication Commission. 8. "Modification" means removal or replacement of an antenna or any other wireless transmission equipment or hardening of a wireless tower or base station, but does not include complete replacement of a wireless tower or base station. 9. "Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless tower or base station that would have any of the effects described below: a. Changing the physical dimensions or exposed surface area of a wireless tower or base station, where the changes would be inconsistent with the design of the baseline condition concealment; or b. Entails excavation or deployment outside the current site boundaries. c. Increasing the height of an existing wireless tower or base station, as measured against the baseline condition, by the greater of more than ten percent, or the height of one additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet; or increasing the height of a base station by the greater of more than ten percent or ten feet, whichever is greater; or d. Increasing the width of an existing wireless tower by adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than twenty feet or more than the width of the tower at the level of appurtenance, whichever is greater; or increasing the width of a base station by adding an appurtenance to the structure that would protrude more than six feet. e. Installing more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, installing new equipment cabinet(s) on the ground at base stations if there are no existing cabinets associated with the base station, or installing ground cabinets at base stations that are more than ten percent larger in height or overall volume that any other ground cabinet associated with the base station. f. Would result in the wireless tower or base station as modified being out of compliance with any baseline conditions associated with the wireless tower or base station, other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements. 10. "Transmission equipment" means any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennae and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply. 11. "Wireless" means any FCC authorized wireless communications service. 12. "Wireless tower" means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities. C. Notwithstanding any other provision of Title 20 of this Code, a request for collocation or modification that will not substantially change the physical dimensions of an existing wireless tower or base station, shall be approved, conditionally approved or denied in accordance with the procedures set forth in Part 10 of Chapter 20.100 of this Code, with the exception of Sections 20.100.1210 , 20.100.1220 , 20.100.1250 and 20.100.1260 , provided that the director finds that the proposed collocation or modification will comply with generally applicable building, structural, electrical and safety codes and all other objective standards set forth in this Code related to health and safety. D. In addition to all administrative permit application requirements otherwise applicable, each application for an administrative permit that is submitted under this section shall clearly identify the application as a Section 6409(a) wireless application and shall be accompanied by: 1. A detailed written description of the proposed modifications to the existing facilities; 2. A photograph or graphic description to scale, and a written description of the wireless tower or base station as originally constructed, if available, and a photograph of the existing wireless tower or base station, and a graphic depiction to scale of the wireless tower or base station after collocation or modification, showing all relevant dimensions overlayed on the current site; 3. A description of all construction that will be performed in connection with the proposed collocation or modification, including any excavation; 4. A signed declaration by the applicant certifying the baseline condition as to height and the current site boundaries. 5. An environmental exemption form or approved environmental clearance issued by the city for the project. 6. If the existing wireless tower or base station was approved by a jurisdiction or entity other than the City of San José, a copy of the original permit or approval and any amendments or modification to such permit or approval. 7. Such other information as the director may deem necessary in order to allow review of the application for compliance with this Section 20.80.1915 . E. The approval of a collocation or modification pursuant to this Section 20.80.1915 shall not extend the term of the initial development permit approval. F. This Section 20.80.1915 is adopted to maximize the city's ability to exercise discretionary review of applications for modification or collocation of wireless towers and base stations as consistent with Section 6409(a) and the Wireless Infrastructure Order. This section shall become null and void if Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated. All permits issued pursuant to this Section 20.80.1915 shall terminate on the ninety-first day after Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated. (Ord. 29546.)