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CC RESOLUTION 5217RESOLUTION NO. 5217 A RESOLUTION OF THE CITY OF EL SEGUNDO ADOPTING REGULATIONS AND STANDARDS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY The City Council of the city of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. Recently -enacted changes in federal law have significantly affected local authority over small wireless facilities as defined in 47 CFR § 1.6002. B. In response to these legislative changes, the City has adopted Ordinance No. 1618 that amends the EI Segundo Municipal Code (ESMC) regulating wireless communications facilities in the public right-of-way generally. These regulations would apply to Small Wireless Facility (SWF) in the public right-of-way (PROW) are meant to accompany and supplement the ESMC provisions adopted by Ordinance No. 1618 The provisions in these regulations govern the installation of small wireless facilities in the PROW within the city. SECTION 2: Action. The City Council hereby approves and adopts the Small Wireless Facility Regulations attached hereto as Exhibit A. SECTION 3: Environmental Assessment. The City Council finds that the resolution is not a "project" within the meaning of Section 15378 of the California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. The resolution does not authorize any specific development or installation of any equipment within the City's boundaries. The resolution is further exempt from CEQA because adoption of the resolution is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (CEQA Guidelines, § 15061(b)(3)). Installations of wireless communications facilities, if any, generally would be exempt from CEQA review in accordance with either CEQA Guidelines § 15302 (replacement or reconstruction), § 15303 (new construction or conversion of small structures), and/or § 15304 (minor alterations to land). SECTION 4: Reliance on Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 5: This Resolution will remain effective unless superseded by -/a subsequent resolution. SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED RESOLUTION No. 5217 this 31d day of June, 2020. 'brew BoyJdse, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5217 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 3rd day of June, 2020, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None rN Tracy Wea r, City Clerk APPROVED AS TO FORM: -Zj4jx�4, -ft Mark D. Hensley Attorney EXHIBIT A SMALL WIRELESS FACILITY REGULATIONS SECTION 1. PURPOSE AND INTENT SECTION 2. DEFINITIONS SECTION 3. APPLICABILITY SECTION 4. SMALL WIRELESS FACILITY APPLICATIONS SECTION 5. DECISIONS SECTION 6. CONDITIONS OF APPROVAL SECTION 7. LOCATION REQUIREMENTS SECTION 8. DESIGN STANDARDS SECTION 1. PURPOSE AND INTENT The regulations set forth in this Policy are intended to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities (SWF) deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial boundaries, consistent with and to the extent permitted under federal and state law. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner. These guidelines provide standards necessary (1) for the preservation of the public right-of-ways in the city for the maximum benefit and use of the public, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan, and (3) to provide for the orderly, managed and efficient development of wireless communications facilities in accordance with the state and federal laws, rules and regulations. These regulations are not intended to, nor shall they be interpreted or applied to (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or state law. SECTION 2. DEFINITIONS The following definitions are applicable to the words and phrases used in this Policy. Undefined words and phrases will have the meanings assigned to them in Title 9, Chapter 9 of the EI Segundo Municipal Code, as may be amended from time to time. Words and phrases not defined herein, or in the Municipal Code or relevant federal or state law or regulation, shall have their ordinary meaning. "Accessory equipment" means equipment other than antennas used in connection with a small wireless facility or other infrastructure deployment. The term includes "transmission equipment" as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended or superseded. "Antenna" means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded. 2 "Collector streets" means streets intended to serve as the intermediate route to handle traffic between local streets and arterials. In addition, collector streets provide access to abutting property. The term "collector streets" includes those streets identified as such in the City of EI Segundo General Plan Circulation Element. "Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded. "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. "Decorative pole" means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located. "Director" means the Public Works Director or his/her designee. "FCC" means the Federal Communications Commission or its duly appointed successor agency. "FCC Shot Clock" means the presumptively reasonable time frame, accounting for any tolling or extension, within which the City generally must act on a request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC and as may be amended or superseded. "Local streets" means streets that principally provide vehicular, pedestrian, and bicycle access to property abutting the public right-of-way with movement of traffic acting only as a secondary function. The term "local streets" includes those streets identified as such in the City of EI Segundo General Plan Circulation Element. "Major arterials" means streets and highways that function to connect traffic from collectors to the major freeway system. They move large volumes of automobiles, trucks and buses, and link the principal elements within the City to other adjacent regions. The term "major arterials" includes those streets and highways identified as such in the City of El Segundo General Plan Circulation Element. "Personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "Personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "Public right-of-way" or "PROW" means any street, sidewalk, pedestrian path, bike path or any "public way" as defined in Streets and Highways Code section 18609 and any successor statute. The PROW also means and includes a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, without limitation, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The PROW does not include 3 lands owned, controlled or operated by the city for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non -publicly accessible utilities. "RF" means radio frequency. "Secondary arterials" means streets and highways that function to connect traffic from collectors to the major freeway system. They move large volumes of automobiles, trucks and buses, and link the principal elements within the City to other adjacent regions. The term "secondary arterials" includes those streets and highways identified as such in the City of EI Segundo General Plan Circulation Element. "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded. "Small wireless facility" means the same as defined by the FCC in 47 C.F.R. § 1.6002(0, as may be amended or superseded, and which, as of the date of the adoption of these Regulations, states that small wireless facilities, consistent with 47 C.F.R. § 1.1312(e)(2), are facilities that meet each of the following conditions: (1) The facilities (i) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or (ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna" in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including -the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facilities do not require antenna structure registration under applicable FCC or FAA regulations; (5) The facilities are not located on Tribal lands, as defined under 36 CFR § 800.16(x); and 4 (6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b). "Support structure" means a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded. "Technically infeasible" means a circumstance in which compliance with a specific requirement within this Policy is physically impossible and not merely more difficult or expensive than a noncompliant alternative. SECTION 3. APPLICABILITY Except as expressly provided otherwise, these regulations are applicable to all existing small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy small wireless facilities within the public rights-of-way in the City. SECTION 4. SMALL WIRELESS FACILITY APPLICATIONS A. SWF Application Contents. All applications for an Administrative WCFP for a small wireless facility must include all of the following information and materials, unless exempted by the Director. Application Form. A complete application for an Administrative WCFP in accordance with ESMC section 9-9-6. 2. Application Fee. Payment of the applicable fee for an Administrative WCFP for a SWF, as established by resolution of the City Council. 3. Project Description and Justification. The applicant shall submit a written statement that explains, with evidentiary support, why the proposed facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(1). The project description and justification must also explain (i) whether and why the proposed support is a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each required finding for an Administrative WCFP. 4. Construction Drawings. The applicant shall submit construction drawings, prepared, signed and stamped by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes, all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes, the manufacturer, model number and physical dimensions, and depict the 5 applicant's preliminary plan for electric and data backhaul utilities, including the anticipated locations for conduits, cables, meters, etc. 5. Site Survey. For any SWF proposed to be located within the PROW, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 50 feet from the proposed project site, which includes all: i) traffic lanes; ii) private properties and property lines; iii) above and below -grade utilities and related structures and encroachments; iv) fire hydrants, roadside call boxes and other public safety infrastructure; v) streetlights, decorative poles, traffic signals and permanent signs; vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; vii) benches, trash cans, mailboxes, kiosks and other street furniture; and viii) existing trees, planters and other landscape features. 6, Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed SWF in context from at least three vantage points within the public streets or other publicly accessible places, together with a vicinity map that shows the site location and the photo location for each vantage point. 7. Wind Load Analysis. Safety is a paramount concern for all structures and equipment placed with the PROW. The applicant must submit a wind load analysis with an evaluation of high wind load capacity. The analysis must, when applicable, address the impact of modification of an existing structure/facility. 8. Traffic Control Plan (TCP). A traffic control plan when the proposed installation is on any street in a non-residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. a crane) in any zone. B. Additional Requirements. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, procedures, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed by these Regulations. All such requirements and materials must be in written form and publicly stated to provide all interested parties with prior notice (or posted upon the City's website). C. Application Submittal Appointment. All Administrative WCFP applications for SWFs must be submitted to the director at a pre -scheduled application submission appointment. City staff will endeavor to provide applicants with an appointment within five business days after receipt of a written request. An application will only be reviewed once the application is complete in accordance with this chapter and these Regulations. SECTION 5. DECISIONS A. Director's Decision. Not less than 20 calendar days after the application has been deemed complete, the Director shall approve, conditionally approve or deny the Administrative WCFP application for the SWP without a public hearing. B. Required Findings for Approval. In addition to the finding requirements set forth in ESMC § 9-9-8, the following findings are required for the approval or conditional approval of an Administrative WCFP for a SWF in the PROW: The proposed SWF will not be located on a prohibited support structure identified in these Regulations; 2. The proposed SWF will utilize the most preferred support structure and location within 50 feet from the originally proposed site in any direction, or the applicant has demonstrated with clear and convincing evidence that a more preferred structure or location within 50 feet is technically infeasible. C. Notice of Director's Decision. Within two business days of making a decision to approve, conditionally approve, or deny an Administrative WCFP for a SWF, the Director will give notice of the decision to 1) the applicant, and 2) to any person who has filed a written request with the city to receive such notice. If comment on the application was received via email, notice of the decision may be made by return email. D. Appeals. The Director's decision may be appealed in accordance with the provisions of ESMC Title 15, Chapter 25. Appeals are reviewed de novo. SECTION 6. CONDITIONS OF APPROVAL A. Standard Conditions. Except as authorized by the director pursuant to the authority set forth in subsection (B) below, all Administrative WCFP permits for SWFs are subject to the following conditions, in addition to the standard conditions set forth in ESMC § 9-9-9: Post -Installation Certification. Within 60 calendar days after the permittee places the approved or deemed -approved SWF into operation, the permittee must provide the Director with documentation demonstrating that the SWF has been constructed and installed in compliance with the approved construction drawings and photo simulations. Documentation must include, as -built drawings, site photos, and GIS data. 2. Avoid Adverse Impacts on Other Properties. In addition to those requirements in Title 9, Chapter 9 of the EI Segundo Municipal Code, the permittee may not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Municipal Code. The restricted 7 work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The City may issue a stop work order for any activities that violates this condition in whole or in part. 3. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the foregoing, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threaten actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 4. Future Undergrounding Programs. If other public utilities or communications providers in the PROW underground their facilities in the segment of the PROW where the permittee's SWF is located, the permittee must simultaneously underground its equipment, except the antennas and any other equipment that must be placed above ground to function. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function will not be exempt from this condition. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. 5. Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground -mounted electric meter and enclosure, the permittee, on its own initiative and at its sole cost and expense, must remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee must obtain any encroachment and/or other permit(s) required to perform the removal. Upon removal, the permittee must restore the affected area to its original condition that existed prior to installation of the equipment. B. Modified Conditions; Authority. The City Council authorizes the Director to modify, add or remove conditions to any Administrative WCFP permit for a SWF as the Director deems necessary or appropriate to: 1) protect and/ promote the public health, safety and welfare; 2) tailor the standard conditions in subsection (A) to the particular facts and circumstances associated with the deployment; and/or 3) memorialize any changes to the proposed deployment need for compliance with the Municipal Code, these regulations, generally applicable health and safety requirements and/or any other applicable laws. To the extent required by applicable law, the Director shall take care to ensure that any different conditions applied to small wireless facilities are no more burdensome than those applied to other substantially similar infrastructure deployments. SECTION 7. LOCATION REQUIREMENTS A. Location Preferences. This subsection sets out a hierarchy of preferred locations for SWFs in the public right-of-way. Applications that involve lesser -preferred locations may be approved so long as the applicant demonstrates by clear and convincing evidence that either 1) no more preferred locations or structures exist within 50 feet from the proposed site; or 2) any more preferred locations or structurers within 50 feet would not be technically feasible. The City prefers SWFs in the public right-of-way to be installed in locations, ordered from most preferred to least preferred, as follows: 1. Commercial or industrial districts on or along major arterials; 2. Commercial or industrial districts on or along secondary arterials; 3. Commercial or industrial districts on or along collector streets; 4. Commercial or industrial districts on or along local streets; 5. Residential districts on or along major arterials; 6. Residential districts on or along secondary arterials; 7. Residential districts on or along collector streets; 8. Any district within 250 feet from any structure approved for a residential use. B. Preferred Support Structures. The City prefers SWFs in the public right-of-way to be installed on support structures, ordered from most preferred to least preferred, as follows: 1. Existing or replacement streetlight poles; 2. Existing or replacement wood utility poles; 3. New, non -replacement streetlight poles; 4. Other new, non -replacement poles; 5. Strand -mounted between poles. C. Prohibited Support Structures. The City prohibits SWFs to be installed on the following support structures: 1. Existing decorative poles; M 2. Traffic signs, poles, cabinets and related devices; 3. Any utility pole scheduled for removal or relocation within 18 months from the time the Director acts on the permit application; 4. New, non -replacement wood poles, SECTION 8. DESIGN STANDARDS All SWFs shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes applicable regulations for human exposure to RF emissions. A. Height, Location, and Design Generally. SWFs may not exceed either (1) the minimum separation from electrical lines required by applicable safety regulations, plus four feet or (2) four feet above the existing support structure. In addition, SWFs shall be located no higher than 10% or 10 feet, whichever is greater, than the height otherwise permitted in the immediately adjacent zoning district. Streetlights. Applicants that propose to install SWFs on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. In the event that the existing streetlight can accommodate the installation of all fiber lines within the interior of the pole and all other city concealment requirements are met, then a replacement pole is not required. To mitigate any material changes in the street lighting patterns, the replacement pole must: (A) be located as close to the removed pole as possible; (B) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. 2. Wood Utility Poles. Applicants that propose to install SWFs on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side -mounted antennas on a stand-off bracket or extension arm must be concealed within a single, canister style shroud or radome. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations. 3. Replacement Poles and Street Lights. If an applicant proposes a replacement pole or street light to accommodate the SWF, the replacement shall be in the same location as the street light or pole being replaced; unless the 10 replacement will not meet all applicable standards, then replacement may be located in an alternative location that complies with the requirements herein. 4. New, Non -Replacement Poles. Applicants that propose to install SWFs on a new, non -replacement pole must install a new streetlight substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed 12 inches and any base enclosure diameter shall not exceed 16 inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome. a. The new pole must actually function for a purpose other than placement of a wireless facility (e.g. street light, utility pole, etc.). b. The design must match the dimensions and design of existing and similar types of poles and antennas in the surrounding areas. B. Antennas. The provisions in this subsection are generally applicable to all antennas. All antennas must be completely concealed within an opaque antenna canister or radome or made to look as if they are integrated with the pole. For pole -top antennas, the shroud shall not exceed one and half-times the median pole diameter and must taper down to the pole. For side-arm antennas, any cables, jumpers, wires or other connectors between the vertical riser and the antenna should be concealed in conduit, painted to match the arm, or otherwise hidden to the satisfaction of the Director. 2 An antenna shroud or radome must be painted a flat, non -reflective color to match the underlying support structure. All surfaces shall be treated with graffiti -resistant sealant. All finishes shall be subject to the Director's prior approval. 3. Side -mounted antennas, where permitted, shall not project; (A) more than 18 inches from the support structure; (B) over any roadway for vehicular travel; or (C) over any abutting private property. If applicable laws or the pole owner's or regulatory body's policies or practices require a side -mounted antenna to project more than 18 inches from the support structure, the projection shall be no greater than required for compliance with such laws. C. Accessory Equipment. Installation Preferences. SWF accessory equipment shall be enclosed in replacement poles or placed underground where technically feasible, and if 11 not feasible, shall be as small, short and unobtrusive as possible. Applications that involve lesser -preferred installation locations may be approved so long as the applicant demonstrates, through clear and convincing evidence in the written record, that installation at a more preferred location would be technically infeasible. 2. Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load -rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip -resistant cover. Vents for airflow shall be flush -to -grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. 3. Pole -Mounted Accessory Equipment. The provisions in this subsection are applicable to all pole -mounted accessory equipment in connection with small wireless facilities and other infrastructure deployments. a. Accessory Equipment Volume. All wireless equipment associated with the pole, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the pole, shall not exceed 28 cubic feet. b. Preferred Concealment Techniques. Applicants should propose to place any pole -mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. Pole- mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. C. Minimum Vertical Clearance. The lowest point on any pole -mounted accessory equipment shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any pole -mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws. d. Horizontal Projection. Pole -mounted accessory equipment shall not project (i) more than 18 inches from the pole surface; (ii) over any roadway for vehicular travel; or (iii) over any abutting private property. All pole -mounted accessory equipment shall be mounted flush to the pole surface. If applicable laws preclude flush -mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws. 12 e. Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole - mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation. 4. Ground -Mounted or Base -Mounted Accessory Equipment. Ground -mounted accessory equipment is discouraged unless all other options are demonstrated to be infeasible. The provisions in this subsection are applicable to all ground -mounted and base -mounted accessory equipment in connection with small wireless facilities. a. Ground -Mounted Concealment. On collector and local streets, the City prefers ground -mounted accessory equipment to be concealed within a landscaped median, parkway or similar location, behind or among landscape features and painted or wrapped in flat natural colors to blend with the landscaping. On arterial roads proposed ground -mounted accessory equipment should be the smallest possible cabinet of a substantially similar appearance to nearby existing ground -mounted equipment cabinets. b. Public Safety Visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground -mounted accessory equipment cabinet may exceed four feet in height or width. Ground -mounted and base -mounted equipment cabinets shall not have any horizontal flat surfaces greater than 1.5 square inches to prevent litter or other objects from being left on such surfaces. D. Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. No new overhead utility lines or service drops may be approved to a SWF. 13 Z Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. 3. Electric Meters. Small cells and other infrastructure deployments shall use flat -rate electric service or other method that obviates the need for a separate above -grade electric meter. If flat -rate service is not available, applicants may install a shrouded smart meter. If the proposed project involves a ground - mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet, but the Director shall not approve a separate ground -mounted electric meter pedestal. 4. Existing Conduit or Circuits. To reduce unnecessary wear and tear on the public rights-of-way, applicants are encouraged to use existing conduits and/or electric circuits whenever available and technically feasible. Access to any conduit and/or circuits owned by the City shall be subject to the Director's prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City's infrastructure and public health and safety, and to prevent interference with the City's municipal functions. E. Landscaping. Small wireless facilities shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities may not displace any existing tree or landscape features unless: A) such displaced tree or landscaping is replaced with native or drought -resistant trees, plants or other landscape features approved by the Director and B) the applicant submits and adheres to a landscape maintenance plan. Only International Society of Arboriculture certified workers under a licensed arborist's supervision shall be used to install the replacement tree. Any replacement tree must be substantially the same size as the damaged tree unless approved by the Director. The permittee shall, at all times, be responsible to maintain any replacement landscape features. F. Signs. All small wireless facilities that involve RF transmitters must include a sign that accurately identifies the site owner or operator, the site name or identification number, and a toll-free number to the network operations center. Small wireless facilities may not bear any other signs or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. G. Security. Small wireless facilities may incorporate reasonable and appropriate site security measures, such as locks to prevent unauthorized access. The Director shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. H. Lights. . SWFs shall not include any lights that would be visible from publicly accessible areas, except as may be required under applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must 14 be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this Policy. Noise. SWFs and all associated antennas, accessory equipment and other improvements must comply with all applicable noise control standards and regulations in the Municipal Code. J. Encroachments over Private Property. SWFs may not encroach onto or over any private or other property outside the PROW without the property owner's express written consent. K. Backup Power Sources. Fossil -fuel based backup power sources shall not be permitted within the PROW; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials. L. Future Modifications. Any modifications to existing facilities or collocations shall not defeat the concealment elements of the existing facility. 15