HomeMy WebLinkAbout6.1 - 1635 Wireless Ordinance Update
Page 1 of 7
STAFF REPORT
CITY COUNCIL
DATE: October 17, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Dublin Municipal Code Chapter 7.04 (Encroachments),
Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36
(Development Regulations) and Chapter 8.104 (Site Development
Review) pertaining to Wireless Communication Facilities effective city-
wide
Prepared by: Amy Million, Principal Planner and Laurie Sucgang, Senior Civil
Engineer
EXECUTIVE SUMMARY:
The City Council will consider amendments to the Dublin Municipal Code related to
wireless communication facilities on private property and within the public right -of-way.
This includes amendments to Chapter 7.04 (Encroachmen ts), Chapter 8.92 (Wireless
Communication Facilities), Chapter 8.36 (Development Regulations) and Chapter 8.104
(Site Development Review). The proposed amendments are necessary in order to
comply with the Middle Class Tax Relief and Job Creation Act of 201 2 (Act), and further
clarifies the regulation of wireless communications facilities located on private property
and in the public right-of-way. The Act restricts local regulation of wireless
communication facilities and provides an expedited permitting pro cess under certain
circumstances.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Ordinance Amending Chapter 7.04 of the Dublin Municipal Code Relating to
Development and Encroachment Permits for Wireles s Communications Facilities, and
waive the reading an INTRODUCE an Ordinance Amending Chapter 8.92, 8.36, and
8.104 of the Dublin Municipal Code Relating to Development of Wireless
Communications Facilities,
effective city-wide.
FINANCIAL IMPACT:
None.
Page 2 of 7
DESCRIPTION:
Background
The Telecommunications Act of 1996 (the “Telecom Act”) was signed into law by
President Clinton in February 1996 and reflected the changes and rapid growth of
telecommunications technologies. Under the Telecom Act, local zoning a uthorities were
granted the ability to regulate the location and design of wireless communication
facilities within their jurisdictional area through a discretionary permit process.
In response to the Telecom Act, the City of Dublin amended the Dublin M unicipal Code
(DMC) to adopt the Wireless Communication Facilities ordinance (DMC Chapter 8.92)
in October 2000. The purpose and intent of the ordinance was to provide a uniform and
comprehensive set of standards for the development and installation of wir eless
communication facilities and to protect and promote public health, safety, community
welfare and aesthetic qualities in the City.
Since adoption of the Telecom Act and DMC Chapter 8.92, wireless technology has
substantially changed. For example, in recent years, wireless carriers are seeking to
install smaller wireless communication facilities in the public right -of-way. These “small
cell facilities” are integrated into the carrier’s existing wireless network to increase
capacity. Concurrent with the new technology, there have been changes in wireless
facilities law at both the federal and state levels. The DMC does not address these new
technologies or new regulations, most notably Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act of 2012.
Middle Class Tax Relief and Job Creation Act
The U.S. Congress adopted the Middle Class Tax Relief and Job Creation Act of 2012
(Act) which established additional regulations of wireless facilities and expedited
permitting process for modification of and collocation to existing facilities. Section
6409(a) of the Act established new requirements for modification and collocation of
existing wireless telecommunication towers and base stations.
The Act restricts local land use authority and states that a local government may not
deny, and shall approve, any “eligible facilities request” for a modification of an existing
wireless tower or base station that does not substantially change the physical dimension
of such tower or base station.
An “eligible facilities request” refers to any request for modification of an existing
wireless tower or base station that involves:
Collocation of new transmission equipment,
Removal of transmission equipment, or
Replacement of transmission equipment.
For the purposes of this Staff Report, the following terms are described and simplified
as follows:
Page 3 of 7
“Collocation” refers to the mounting of a wireless communication facility on the
same tower or structure as an existing wireless communication facility.
“Tower” refers to a pole, mast, monopole, lattice tower, etc.
“Base station” refers to any structure that is not a tower.
Section 6409(a) of the Act does not define what constitutes a “substantial change” to an
existing tower or base station. However, the Federal Communication Commission
(FCC) issued rules and clarifications for modification of wireless telecommunication
facilities that defined “substantial change”. According to the FCC, a modification
substantially changes the physical dimension of a wireless tower or base station if it
meets any one of the following criteria:
Type of
Modification:
Type of Facility:
Towers (outside the public right-
of-way)
Towers (inside the public
right-of-way) and all Base
Stations
Height More than 10% or one additional
antenna array with the separation
from the nearest antenna is more
than 20 feet
More than 10% or 10 feet,
whichever is greater
Width More than 20 feet, or more than
the width of the tower, whichever
is greater
More than 6 feet
Equipment
Cabinets
Installation of more than 4
cabinets.
Installation of any equipment
cabinets if there are no pre-
existing ground cabinets, or
ground cabinets that are more
than 10% larger in height or
overall volume than any other
ground cabinets
Excavation/
Deployment
Beyond Site
Excavation or deployment outside
of the current boundaries of the
leased or owned property
surrounding the tower and any
access or utility easements
Excavation or deployment
beyond the area in proximity to
the structure/equipment
Defeat
Concealment
Elements
Defeat the concealment elements of the wireless tower or base
station
Defeat Other
Conditions
Not comply with the condition of approval, unless the non -
compliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the
‘substantial change’ thresholds.
Regardless of the above, all modifications remain subject to building codes and other
non-discretionary structural and safety codes.
Page 4 of 7
Proposals Requiring Expedited Processing Under §6409(a)
Under the Act, the City must act on an application for a Section 6409(a) modification
within 60 days unless the City notifies the applicant within 30 days that the specific
information in the application is incomplete. After the applican t makes a supplemental
filing, the agency has 10 days to notify the applicant if the application remains
incomplete. If no decision on the application is made during the 60 -day review period
(approval or denial), the request is “deemed granted.”
Current Request
The DMC regulates wireless communication facilities in the public right -of-way (Title 7
Public Works) and on private property (Title 8 Zoning). Staff is proposing amendments
to both sections of the DMC in order to ensure that the City’s wireless reg ulations are in
compliance with federal regulations, and to further clarify our local regulations.
ANALYSIS:
The following is an overview of the proposed amendments to Title 7 (Public Works) and
Title 8 (Zoning Ordinance) to address wireless communication facilities in the public
right-of-way and on private property. For the complete Ordinance amendments, please
refer to Attachments 1 and 2.
Encroachments (Chapter 7.04)
A new permit, Personal Wireless Service Facility Permit, is proposed to specificall y
address the application, development standards, review process, notification
requirements, and permit issuance for wireless communication facilities within the public
right-of-way, which is intended to be a sub-category or type of encroachment permit.
Modifications to DMC Chapter 7.04 (Encroachments) included added terms and
definitions related to the new permit, clarification of the use of the term “facilities” to
include both above-ground and below-ground facilities, clarification on the potential
denial of proposed street cuts or trenches on newly paved or treated streets,
requirement for obtaining a Personal Wireless Service Facility Permit to construct,
install, or maintain such a facility, and development standards for the size, shape, color,
and height of the facilities.
Please refer to Attachment 1 for the proposed amendments to DMC Title 7.
Wireless Communication Facilities (Chapter 8.92)
Staff completed a comprehensive review of the existing ordinance (Chapter 8.92) and
evaluated ways to clarify the regulations and simplify the implementation of those
regulations. As a result, sections of the existing ordinance were reorganized, relocated,
and/or removed. For example, language was simplified; where there were consistent
themes in the criteria or regulations they were consolidated (i.e. design based
regulations were moved to Design Criteria and location -based criteria were move to
Location Criteria) and duplicative regulations were removed.
Page 5 of 7
Definitions (Section 8.92.030)
The City’s existing ordinance has a multitude of definitions for the technical terms
related to wireless communication facilities. The proposed ordinance simplifies these
definitions and eliminates the overly technical terms that have no relationship to the
aesthetics of a facility, which is what the ordinance regulates.
Application Requirements (Section 8.92.060)
Section 6409(a) of the federally adopted Act, limits the application materials that the
City can require for qualified modifications and collocations. The City may req uire an
application, but may only seek documentation about whether the facility meets Section
6409(a) requirements. The City may not require documentation proving the need for the
proposed modification or collocation. In response, the draft ordinance separ ates the
application requirements for new facilities and modifications, and the application
requirements for facilities which qualify under Section 6904(a).
Development Regulations (Chapter 8.36)
Staff is also proposing amendments to the Development Regulations Ordinance (DMC
Chapter 8.36) to ensure internal consistency in the Zoning Ordinance to clarify that the
height limit exceptions (Section 8.36.110.C.3.c) do not apply to new wireless
communication facilities. Instead, new wireless communication faci lities are solely
regulated by Chapter 8.92 and are limited to the height for the district in which they are
located. However, it should be noted that modifications to existing wireless
communication facilities that qualify under Section 6409(a), may excee d the height
limits established by the Zoning Ordinance.
Site Development Review (Chapter 8.104)
The proposed amendments to Chapter 8.104 clarify the approval authority for wireless
communications facilities (new facilities, collocations, modifications and Section 6409(a)
modifications), and ensure compliance with federal law as well as internal consistency
with the proposed amendments to Chapter 8.92 as described above.
The proposed amendments exempt minor modifications to approved facilities from a
Site Development Review Permit (SDR) if not visible from the public right -of-way.
Otherwise, a Site Development Review Waiver is required for modifications that are
consistent with an approved Site Development Review Permit.
The proposed ordinance amends the review process to provide for expedited
processing under Section 6409(a), by requiring a Site Development Review Waiver for
such applications. The ordinance also requires applicants to demonstrate that their
proposals meet the criteria for streamlined processing under Section 6409(a) as a part
of their application.
All other new or modified facilities would continue to require a Site Development Review
Permit from the Community Development Director.
Please refer to Attachment 2 for the proposed amendments to DMC Title 8.
Page 6 of 7
PLANNING COMMISSION REVIEW:
The Planning Commission considered to amendments to DMC Title 8 Zoning Ordinance
(Chapters 8.36, 8.92 and 8.104) on September 26, 2017. The Planning Commission’s
review excluded the review of the proposed ch anges to Chapter 7.04 as facilities within
the public rights-of-way are regulated by the Public Works Department and are outside
the purview of the Planning Commission. The Planning Commission unanimously
recommended approval of the proposed amendments to the Zoning Ordinance with a
minor modification to waive the alternative site analysis for facilities that are fully -
concealed from view. Staff supports the proposed modification (Attachments 3 and 4).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed amendments to the Dublin Municipal Code are consistent with the Dublin
General Plan, all applicable Specific Plans and the Zoning Ordinance in that the
Amendments are consistent with applicable land use designations and gener al
development policies. The amendments also include minor revisions for internal
consistency within the Dublin Municipal Code.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted at several locations throughout the City. The Public Notice was provided to all
persons who have expressed an interest in being notified of meetings. The Staff Report
for this public hearing was also made available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the
CEQA, Staff is recommending that the project be found exempt in accordance with
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the
amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a
significant effect on the environment. Pursuant to the FCC, changes to an existing
telecommunications facility that complies with Section 6409(a) of the Middle Class Tax
Relief and Job Creation Act, are considered minor changes and amending the Zoning
Ordinance to comply with this Federal law would not impact the environment. As such,
the proposed Zoning Ordinance Amendment is not subject to CEQA.
ATTACHMENTS:
1. Draft Ordinance Amending Chapter 7.04 of the Dublin Municipal Code Relating to
Development and Encroachment Permits for Wireless Communications Facilities
2. Amending Chapter 8.92, 8.36, and 8.104 of the Dublin Municipal Code Relating to
Development of Wireless Communications Facilities
3. Planning Commission Draft Minutes 09.26.17
4. Planning Commission Resolution No. 17-11
Page 7 of 7
ORDINANCE NO. XX-17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AMENDING CHAPTER 7.04 OF THE DUBLIN MUNICIPAL CODE
RELATING TO DEVELOPMENT AND ENCROACHMENT PERMITS FOR WIRELESS
COMMUNICATIONS FACILITIES
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 7.04 (Encroachments) of the Dublin Municipal Code is hereby
amended to read as follows:
Article I. General Provisions
7.04.010 Definitions.
Unless the context otherwise requires, the definitions contained in this section shall govern the
construction of this chapter:
“City Engineer” means the City Engineer or his designee.
“Encroach” or “encroachment” means and includes going upon, over, under, or using any street
in such a manner as to prevent, obstruct, or interfere with its normal use, including but not
limited to the performance thereon of any of the following acts:
A. Excavating, filling or disturbing the street;
B. Erecting or maintaining any post, pole, fence, guard rail, wall, loading platform, or
other structure on, over, or under the street;
C. Planting any tree, shrub, or other growing thing within the street;
D. Placing or leaving on the street any rubbish, brush, earth, or other material of any
nature whatever;
E. Constructing, placing, or maintaining on, over, under, or within the street any
pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage, or
subsurface drainage facility, any pipe, conduit, wire, or cable;
F. Lighting or building a fire;
G. Constructing, placing, planting, or maintaining any structure, embankment,
excavation, tree, or other object adjacent to the street which causes or will cause an
encroachment; or
H. Placing or causing to be placed any material, machinery, or apparatus on the street
for building, paving, or other purposes for over twenty-four (24) hours.
“Permittee” means any person that proposes to do work or encroach upon a street as herein
defined and has been issued a permit for said encroachment by the City Engineer.
“Person” means any individual, firm, partnership, association, or corporation, including any
public agency or utility, or any agent or representative thereof and includes successors in
interest.
"Personal Wireless Service" means commercial mobile telecommunications services provided
by a telephone or telegraph corporation under a certificate of public convenience and necessity
issued by the California Public Utilities Commission.
"Personal Wireless Service Facility" means a facility that transmits and/or receives telephonic
or other wireless signals, including antennas, equipment, related facilities and appurtenances
thereof used to provide or facilitate the provision of Personal Wireless Service.
"Personal Wireless Service Facility Permit” means a permit issued pursuant to this Chapter
authorizing a Permittee to construct, install, and maintain a Personal Wireless Service Facility
within the full width of the right-of-way of any street, as defined in the California Vehicle Code.
“Street” means the full width of the right-of-way of any street, as defined in the California Vehicle
Code, used by the general public, whether or not such street has been accepted as and
declared to be part of the city system of streets including streets forming a part of the state
highway system. “Street” also includes easements where the city is the grantee of the easement
and property owned by the city.
7.04.020 Applicability.
A. This chapter shall not apply to any officer or employee of the city acting in the discharge of
his official duties to any work being performed by any person or persons, firm or corporation
under contract with the city; when permission to encroach has been expressly granted by the
City Council; to a permanent projection from buildings as permitted by Section 7.32.340 and
Section 7.32.370 or to temporary pedestrian protection permitted by Section 7.32.290.
B. This chapter shall not prevent any person from maintaining any pipe or conduit lawfully on
or under the street, or from making excavation, as may be necessary, for the preservation of life
or property when an urgent necessity therefor arises provided that such person shall notify the
City Engineer by telephone the day such work is performed or the day the offices of the city are
again opened. Such person shall then apply on the proper form within five (5) working days
confirming the work performed.
7.04.030 Streets—Right of lawful use.
Any permit granted under this chapter shall be subject to the right of the city or any other person
entitled thereto to use that part of the street for any purpose for which it may be lawfully used,
and no part of the street shall be unduly obstructed at any time. All work or use shall be planned
and executed in a manner that will least interfere with the safe and convenient travel of the
general public.
7.04.040 Prohibited encroachments.
No application will be approved nor permit issued for constructing or maintaining a loading
platform upon or in any street or for erecting or maintaining therein or thereon a post, pole,
column, or structure for support for advertising signs except as provided in Section 7.04.080.
7.04.050 Liability for damages—Insurance required.
A. Permittee shall be responsible for all liability for personal injury or property damage which
may result from work permitted and done by permittee under the permit, or proximately caused
by failure on permittee’s part to perform his obligations under said permit in respect to
maintenance. If any claim of such liability is made against the city, its officers, or employees
permittee shall defend, indemnify, and hold them and each of them, harmless from such claim
including any claim based on the active or passive negligence of the city, its officers or
employees, insofar as permitted by law.
B. Permittee shall be required to show evidence of public liability insurance in such form and
amount as may be required by the City Engineer to protect the city, its officials, officers,
directors, employees, and agents from claims which may arise from permittee’s operations
under the permit.
7.04.060 Completion of work by city.
If the work or use authorized by a permit is unsafe, in violation of this chapter, or is unduly
delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and
complete the work or any portion thereof, or make the site safe or return it to the same condition
existing prior thereto. The actual cost of performing such work by the city plus overhead shall be
charged to and paid for by the permittee.
7.04.070 Signs on public property.
A. No person, except a duly authorized public officer or employee, shall paint, mark, or write
on, or post or otherwise affix, any handbill or sign to or upon any public property including, but
not limited to any sidewalk, crosswalk, curb, curbstone, street, hydrant, tree, shrub, tree stake or
guard, railroad trestle, electric light pole, telephone pole, or power pole, traffic signal pole, public
bridge, drinking fountain, street sign, or traffic sign.
B. Any handbill or sign found posted or otherwise affixed upon any public property contrary to
the provisions of this section may be removed by the city. The person responsible for any such
illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager or
his designee is authorized to effect the collection of said cost.
C. Nothing in this section shall apply to the installation of a metal plaque or plate in a sidewalk
commemorating an historical cultural or artistic event location or person for which the City
Manager or his designee has granted approval.
D. Nothing in this section shall apply to the painting of house numbers upon curbs done in
accordance with the provisions of Section 7.04.110.
E. Nothing in this section shall apply to the temporary markings placed by the owners of
subsurface installations pursuant to Government Code Section 4216.
7.04.080 Public service banners.
A. Notwithstanding the provisions of Section 7.04.070 hereof, public service banners may be
placed within any public street, alley, or other public property upon issuance of an
encroachment permit by the City Engineer. In issuing such an encroachment permit, the City
Engineer shall consider the safety of vehicular and pedestrian traffic, the prevention of damage
to public property, the aesthetic conditions of a particular neighborhood and the public health,
safety, and welfare.
B. As used herein, “public service banner” shall mean temporary banners of nonprofit public
welfare organizations and public service groups which advertise events of community interest.
C. The City Manager may, in his discretion, adopt a policy regulating the installation,
maintenance, and removal of public service banners.
7.04.090 Maintenance of records.
All permittees and other persons maintaining permanent facilities within a street shall keep up-
to-date records of the location and description of all such facilities which records shall be
furnished to the City Engineer upon request. As used herein, “facilities” means both above-
ground and below-ground facilities, including, but not be limited to, pipes, wires, and tanks.
7.04.100 Mailbox placement.
All mail boxes shall be placed in accordance with the rules and regulations of the United States
Post Office Department, but no box shall be so placed within the street as to endanger the life or
safety of the traveling public.
7.04.110 Markings on streets and curbs.
It is unlawful for any person, without first obtaining a permit under this chapter, to solicit on a
commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing,
design, or other marking upon any street; except that markings for the purpose of identifying
survey, utility, or construction locations shall not be subject to this chapter. A permit for placing
or maintaining numbers, figures, letters, carvings, drawings, designs or other markings under
this chapter may be issued only to nonprofit organizations which have their principal and
permitted meeting place within city limits and have been organized and established within the
city for a minimum of one (1) year continuously preceding application for a permit.
7.04.120 Monuments.
Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating
or preserving the lines and/or elevation of any street, property subdivision, or a precise survey
point or reference point shall not be removed or disturbed or caused to be removed or disturbed
without first obtaining permission from the City Engineer to do so. Replacement of removed or
disturbed monuments will be at the expense of the permittee.
7.04.130 Hedges, fences, shrubbery and lawns.
A. No tree, fence, or similar structure, shall be planted, erected, or maintained in a street
without a permit. No encroachment of any nature will be permitted or maintained which
impedes, obstructs, or denies such pedestrian or other lawful travel, or which impairs adequate
sight distance for safe pedestrian or vehicular traffic.
B. Maintenance. The permittee or property owner shall maintain all hedges, shrubs, walls,
fences, or similar structures erected for landscaping purposes in a neat and orderly condition; if
such structures are not so maintained, the City Engineer may direct that permittee or property
owner to remove the same and restore the street to its former condition, at the expense of the
permittee or property owner.
C. Lawns. Any person otherwise entitled to may maintain a lawn of any grass or type not
prohibited by other law, within the street without a permit. The lawn shall not extend into the
roadway or walkway nor into the drainage ditches, gutter, or other drainage facilities.
7.04.140 Trees.
The applicant for a permit to plant trees in the right-of-way of a public highway shall show in his
application the exact location of and the kind of tree to be planted. If trees are planted within the
public right-of-way and within five (5) feet of a public sidewalk and/or curb, the City Engineer
may require a root barrier to be installed with the tree(s). No change shall be made in either
location of trees or in kinds of trees without the approval of the City Engineer. The trees shall
remain the property of the permittee who shall pay the cost of planting the trees and shall bear
the cost of their maintenance. The City Engineer, at his sole discretion, may require the
permittee to remove the trees at his sole expense if necessary for public safety or convenience.
7.04.150 Storage on street or sidewalk prohibited.
No person shall store any item of business inventory, including vehicles, upon any street or
sidewalk.
Article II. Permit Requirements
7.04.160 Permit—Required.
A. No person shall encroach or cause to be made any encroachment of any nature whatever
within, upon, over, or under the limits of any street in the city, or make or cause to be made any
alteration of any nature within, upon, over, or under such street; or construct, put upon, maintain
or leave thereon, or cause to be constructed, put upon, maintained, or left ther eon, any
obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a
fire thereon; or place on, over or under such street any pipe line, conduit, or other fixture; or
place any structure, wall, culvert, or similar encroachment, or make any excavation or
embankment in such a way as to endanger the normal usage of the street without having first
obtained a permit as required in this chapter.
B. No person shall construct, install, or maintain a Personal Wireless Service Facility within,
upon, over, or under the limits of any street in the city without first obtaining a Personal Wireless
Service Facility Permit. Unless expressly set forth herein, all provisions of this chapter shall
apply to Personal Wireless Service Facility Permits and applications therefor.
7.04.170 Permit—Application—Generally.
The City Engineer shall provide an application form which shall contain such information as in
the judgment of the City Engineer is necessary, including information to establish the exact
location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The
application shall be filed with the City Engineer.
7.04.180 Permit—Application—Required documents.
A. The application shall be accompanied by maps, plats, sketches, diagrams or similar
exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be
plainly shown any and all information necessary to locate, delineate, illustrate, or identify the
proposed use or encroachment and the right of the applicant to so use or encroach thereon.
B. The applicant shall be accompanied by the written order or consent to any work thereunder
which may be required by law or any other public agency or body.
7.04.190 Action on application.
Applications may be approved, conditionally approved, or denied. The City Engineer shall act on
the application within thirty (30) working days. Where the City Engineer finds that the
requirements of this chapter have been met and the required fees and charges have been paid,
he shall issue a permit for the use or encroachment attaching such conditions as he may deem
necessary for the health, safety, and welfare of the public and for the protection of the city. If the
City Engineer finds the requirements of this chapter have not been met, he shall deny the
permit, giving the reasons therefor in writing. The City Engineer may deny a permit where
trenching or cutting a street is required where the street overlay or preventative maintenance
treatment, such as a slurry seal, or equivalent was completed within five years or three years,
respectively.
7.04.200 Permit issuance—Fees and charges.
A. Fees for issuance of the permit and charges shall be established by the City Council from
time to time by resolution upon recommendation of the City Engineer.
B. A public agency which is authorized by law to establish or maintain any works or facilities
in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall
be required to pay all other charges. A public agency or utility may at the option of the City
Engineer arrange to be billed for the required fees and charges.
7.04.210 Bond—Required.
A. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall
deposit with the city cash, a certified or cashier’s check, or an approved surety bond in a sum to
be fixed by the City Engineer as sufficient to reimburse the city for costs of restoring the street to
its former condition. If the permittee anticipates applying for a number of permits throughout the
year, he may file a cash deposit or approved surety bond in a sum estimated by the City
Engineer as sufficient to cover the permittee’s activities during any twelve (12) month period.
B. The City Engineer may require an additional bond or cash deposit at any time when in his
opinion the amount of the bond or cash deposit previously made is insufficient.
7.04.220 Bond—Condition.
The condition of any bond or cash deposit made pursuant to this Article shall be that the
permittee will diligently and with good faith comply with this chapter and the terms and
conditions of the permit.
7.04.230 Bond—Payable to city—Term.
Any bond or cash deposit required by the City Engineer pursuant to this chapter shall be
payable to the city. Upon satisfactory completion of all work authorized in the permit, and
fulfillment of all conditions of the permit, including the guaranty period set forth in Section
7.04.370 the bond or cash deposit will be released, provided that the City Engineer may, in his
discretion, allow the earlier release of the bond or cash deposit.
7.04.240 Bond—Exclusions.
Cash deposits or bonds will not be required of any public utility holding a franchise with the City
or public agency which is authorized by law to establish or maintain any works or facilities in,
under, or over any street.
7.04.250 Permit—Term.
The permittee shall complete the work or use authorized by a permit issued pursuant to this
chapter within ninety (90) days from date of issuance, unless a different period is stated in the
permit. If the work or use is not completed within ninety (90) days or within the time stated in the
permit, then the permit shall become void, and the City Engineer may restore the street in
accordance with Section 7.04.060. An extension of time for good cause may be granted by the
City Engineer when requested in writing.
7.04.260 Permit—Display required.
The permittee shall keep any permit at the work site, and the permit must be shown to any
authorized representative of the City Engineer or law enforcement officer on demand.
7.04.270 Changes in permit.
No changes may be made in the location, dimension, character, or duration of the
encroachment or use as granted by the permit except upon written authorization of the City
Engineer.
7.04.280 Permit—Nontransferable.
No permit issued pursuant to this chapter shall be transferable or assignable to any other
person.
7.04.290 Other permit issuance—Not compliance with this chapter.
Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other
permit which may be required by law at the same location and in connection with the same
activity for which a permit would be issued hereunder shall not constitute authorization to
encroach on any street.
Article III. Performance of Work
7.04.300 Standards and specifications.
The City Engineer shall from time to time establish such standards and specifications as he
deems necessary for the proper construction, use, and maintenance of encroachments and for
the safety, protection and convenience of the public, which standards and specifications shall be
applicable to all permittees. Any work or use done under all permits shall conform to the city’s
standard plans and specifications unless otherwise required by the City Engineer. If inadequate
provision is made for the safety, protection and convenience of the public by the permittee, the
City Engineer may take such action as he deems necessary for the protection of the public and
shall charge the permittee therefor.
7.04.310 Safety laws—Compliance required.
The permittee shall comply with all applicable federal, state, and local laws and regulations,
including Department of Industrial Relations of the state of California (CAL-OSHA) rules and
regulations.
7.04.320 Inspections.
The permittee shall allow the City Engineer to inspect any or all work done pursuant to the
permit at reasonable times.
7.04.330 Commencement of work—Notification required.
A. The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of
beginning work. If appropriate, the permittee shall give such advance notice as may be required
by the City Engineer to the Police Department and/or Fire Department of the location and nature
of the proposed work.
B. In addition to subsection A, the permittee of Personal Wireless Service Facility Permit shall
comply with the public notification requirements of Section 7.04.450.
7.04.340 Restoration of street.
Upon completion of the work, acts, or things for which the permit was issued, or when required
by the City Engineer, the permittee shall replace, repair, or restore the street at the place of
work to the same condition existing prior there to, unless otherwise provided in the permit. The
permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed
upon the street under the permit, and shall do any other work or perform any act necessary to
restore the street to a safe and usable condition.
7.04.350 Drainage requirements.
If the work, use or encroachment authorized in the permit shall interfere with the established
drainage, the permittee shall provide for proper drainage as directed by the City Engineer.
7.04.360 Completion of work—Notification required.
Upon completion of all work authorized in the permit, the permittee shall notify the City Engineer
in writing. No work shall be deemed to be completed until such notification of completion is
given and final inspection has been made by the City Engineer unless such final inspection is
waived by the City Engineer in writing.
7.04.370 Guaranty period.
A. After completion of all work, the permittee shall exercise reasonable care in monitoring and
maintaining the area affected by the encroachment. For a period of two (2) years after final
inspection of the work by the City Engineer or the date of waiver of final inspection, the
permittee shall repair any injury or damage to any portion of the street which occurs as the
result of work done under the permit, including any and all injury or damage to the street which
would not have occurred had such work not been done. Any public utility, public agency,
franchisee, or Personal Wireless Service Facility permittee which is authorized by law or
contract to establish or maintain any works or facilities in, under, or over any street shall
monitor, maintain, and/or repair the street or any portion of it where the public utility, public
agency, permittee, or franchisee has made any excavation for the life of any works or facilities
contained in or under the street.
B. The permittee shall repair any injury or damage in any portion of the street, resulting from
the work done under the permit within the period of time required by the City Engineer. In the
event that the permittee fails to act timely or should repair or replacement be required before the
permittee can be notified or can respond to notification, the city may make or cause to be made
the necessary repairs or replacements or perform the necessary work and the permittee shall
be charged with all the expenses incurred in the performance of said work, including overhead.
7.04.380 Relocation or removal of encroachments.
If any future construction, reconstruction, or maintenance work by the city or required by the city
on a street requires the relocation, removal, or abandonment of installations or encroachments
in, on, over, or under a street, the permittee owning, controlling, or maintaining such installations
or encroachments shall relocate, remove, or abandon the same at his sole expense unless
otherwise required by law. When removal, relocation, or abandonment is required, the City
Engineer shall give such permittee a written demand specifying the place of relocation, or that
the installations or encroachment must be removed or abandoned. If said permittee fails to
comply with said instructions, the city may cause the removal, relocation, or abandonment of the
encroachment at the expense of the permittee.
Article IV. Sidewalks, Driveways, Curbs
7.04.390 Permit—Required.
It is declared to be unlawful for any person to repair or construct, or cause to be repaired or
constructed by private contract in the city any sidewalk, driveway, curb, gutter, or paving, or to
cut any curb for the purpose of constructing a driveway, or to begin excavation for the purpose
of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first
obtaining a permit as required in Article II of this chapter.
7.04.400 Removal of driveway.
When a driveway shall permanently cease to be used, the curb cut therefor, and all or a portion
of the driveway, as determined by the City Engineer, shall be removed and standard curb,
gutter, and sidewalk shall be constructed. The property owner shall remove the curb cut and
driveway and construct curb, gutter, and sidewalk, or cause same to be removed or
constructed, within thirty (30) days of receiving written notice from the City Engineer to do so.
Should the property owner fail to perform such work or cause it to be performed within said thirty
(30) days, the City Engineer shall have such work done at the expense of the property owner.
The provisions of this section shall apply to all existing driveways whether or not the use thereof
was heretofore abandoned, as well as to all such driveways which are constructed after the
effective date of the ordinance codified in this chapter.
7.04.405 Closure of hazardous driveways.
When a driveway is determined by the City Council to cause a hazardous condition, the curb cut
therefor, and all or a portion of the driveway as determined by the City Council, shall be
removed and standard curb, gutter and sidewalk shall be constructed. Prior to any action being
taken on closure of a driveway under this section, the following conditions shall be met:
A. The City Council shall conduct a public hearing for the purpose of reviewing the
recommendation for closure and shall determine whether the closure is appropriate.
B. An alternate source of access to the property shall be available or shall be provided by the
city.
C. The city shall bear the expense of closure of the hazardous driveway and of providing any
alternate access that is necessary. The city shall approve any plans, specifications and
estimates prior to work being performed or shall contract for the work according to the terms of
Chapter 2.36 of this code (purchasing regulations).
7.04.410 Denial of building permit while sidewalk incomplete.
No building permit shall be issued under the terms of this code for construction, additions or
remodeling on any lot, tract, or parcel of land on the street frontage of which the sidewalk, curb,
or gutter is not complete, unless said building permit is accompanied by the issuance of a permit
under the terms of this chapter for the completion of such improvements on the street frontage;
except that if the City Engineer determines that it is in the public interest, he may waive all or a
portion of the improvements required by the provisions of this section.
7.04.420 Repair of sidewalks.
A. Definitions.
1. “Maintenance and repair of sidewalk area” includes, but is not limited to,
maintenance and repair of surfaces including grinding; removal and replacement of
sidewalks; repair and maintenance of sidewalks; repair and maintenance of curbs and
gutters; removal of impervious paving materials from street tree planting strips, or other
right-of-way landscape planters; removal of weeds and/or debris; tree root pruning and
installing root barriers; trimming of shrubs and/or groundcover and trimming s hrubs
within the area between the property line of the adjacent property and the street
pavement line, including planting strips and curbs.
2. “Sidewalk” shall have the same meaning as in Section 5600 of the California Streets
and Highways Code, as it may hereafter be amended.
B. Maintenance and Repair of Sidewalks.
1. Obligation to Repair and Maintain. The owners of lots or portions of lots adjacent to
or fronting on any portion of a sidewalk area between the property line of the lots and the
street line, including landscape planting strips, sidewalks, retaining walls, curbs and
gutters, and persons in possession of such lots by virtue of any permit or right, shall
repair and maintain such sidewalk areas in a condition that is not dangerous to property
or to persons using the sidewalk in a reasonable manner and will not interfere with the
public convenience of said sidewalk area. The owners shall also pay the costs and
expenses therefor. All work performed within the public right-of-way requires an
encroachment permit pursuant to Section 7.04.390 of the Dublin Municipal Code.
When, during the course of a development project’s lifetime, it is necessary to remove or
reconstruct public street improvements (i.e., curb, gutter, sidewalk), such improvements shall be
reconstructed to preserve or reestablish any previously existing landscape planter, when certain
landscape improvements have been included in the planned development (PD) properties
subject to PD restrictions shall preserve existing street trees and other landscaping to the extent
possible, or shall install new landscaping subject to the review and approval of the City
Engineer.
Subsequent to adoption of the ordinance codified in this article, any unauthorized work
conducted within the public right-of-way landscape areas shall be brought into conformance with
the intent and provisions of this article, and other applicable provisions of the Dublin Municipal
Code pertaining to encroachments on city property. Such unauthorized work shall constitute a
violation of this article and is punishable as an infraction.
C. Recovery of City’s Costs of Sidewalk Maintenance and Repair. Anything in this article to
the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the
making, confirming and collecting of assessment for the costs and expenses of said
maintenance and repair, the city may proceed under the provisions of Chapter 22 of Division 7,
Part 3 of the Streets and Highways Code of the state as the same is now in effect or may
hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks. The
required maintenance and repairs of sidewalk area must commence within thirty (30) days of
notification. Costs recoverable by the city may include a charge for the city’s costs of inspection
and administration whenever the city awards a contract for such maintenance and repair and
including the costs of collection of assessment for the costs of maintenance and repair or the
handling of any lien placed on the property due to the failure of the property owner to promptly
pay such assessments.
While maintenance and repair costs ultimately remain the property owner’s responsibility, a
portion of the city’s annual budget is allocated for sidewalk repair and the city may choose to
permanently repair certain sidewalks with such money.
D. Liability for Injuries to Public. The property owners of lots or portions of lots fronting on or
adjacent to any portion of a street or any portion of a sidewalk area between the property line of
the lots and the street line, and any persons in possession of such lots by virtue of any permit or
right shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe
and nondangerous condition. The failure of any property owner or possessor of property to
maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers
injury or damage to person or property as a result of the property owner’s or possessor’s failure
to maintain or repair the sidewalk areas as required by this article, the property owner or
possessor of property shall be liable to such person for the resulting damages or injury.
E. Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the
public’s use of such sidewalk, the person whose job it is to maintain streets shall notify the
owner and person in possession that such sidewalk needs repair in the manner provided in
Health and Safety Code Sections 5611 through 5614. If the owner does not fix the sidewalk
within thirty (30) days, the city will fix the property and all costs may become a lien upon the
property, pursuant to Dublin Municipal Code 7.04.470.
Article IV. Wireless Telecommunication Facilities
7.04.430 Permit—Required.
A. No person shall construct, install, modify, or maintain a Personal Wireless Service Facility
within, upon, over, or under the limits of any street in the city without first obtaining a Personal
Wireless Service Facility Permit as required in Article II of this chapter, and Chapter 8.92 of the
Zoning Ordinance as it relates to Section 6409(a) of the Middle Class Tax Relief Act of 2012.
B. In addition to the requirements of Section 7.04.190, a Personal Wireless Service Facility
Permit shall not be issued if the applicant seeks to:
1. Install a new utility, transit, or street light pole on a street where there presently are no
overhead utility facilities;
2. Install a Personal Wireless Service Facility that fails to comply with applicable
building, structural, electrical, or safety codes or other laws, including, but not limited to,
the Americans with Disabilities Act; or
3. Add a Personal Wireless Service Facility on a utility or street light pole for which a
Personal Wireless Service Facility Permit has already been approved.
4. Add a Personal Wireless Service Facility on a city owned street light pole or other
traffic control and safety pole for which the city has not given its permission.
7.04.440 Development Standards.
Due to the potential visual impacts associated with right-of-way installations, the following is
required for all Personal Wireless Service Facility installations within the street:
A. Installations must use all design techniques to minimize visual impacts, as determined by the
City Engineer.
B. New or replacement poles supporting a Personal Wireless Service Facility shall match style,
color and material of the original or adjacent poles.
C. The maximum height of a pole supporting a Personal Wireless Service Facility shall be equal
to the average height of all existing utility or street light poles within 100 feet; provided, however,
that antenna located within a shroud on top of the pole may extend the height of the pole by a
maximum of 5 feet. The height of any street light or utility pole shall not be modified unless
approved by the City Engineer.
D. No exposed cables. All cables shall be concealed within a sleeve between the bottom of the
antenna and the mounting bracket. For wooden poles, cables shall be concealed with the use
of shrouds, risers or conduit.
E. Minimum height clearance regulations shall be observed by all components of the
installation. No antenna may extend over the vehicular path of travel.
F. Downtilt of the antennas is not allowed.
G. No signs, other than those required by government or electrical utility notifications shall be
located on the poles. All signage shall be designed with the lowest visibility, utilize a muted color
and located as close to the antenna as possible. This does not pertain to identification badges,
as may be required by the City Engineer. No facility may include any advertising material.
H. The facility, including the antennas, cabling and related equipment shall be constructed out of
non-reflective materials, painted and/or textured to match the existing support structure, and
shall not produce any noticeable artificial light.
I. The facility must be located so that it does not block the required illumination provided by the
street light.
J. Equipment shall be minimally visible through the use of an underground vault. If this is not
feasible, above-ground cabinets shall be designed and located in an area with minimal visual
impact, as determined by the City Engineer. For equipment cabinets mounted directly to the
pole, the following shall apply:
1. One equipment cabinet mounted directly to a pole.
2. Equipment cabinets shall be mounted directly behind any road signs located on a pole
to reduce their visibility and to not obstruct the visibility of any road signs.
3. Equipment cabinets may not exceed 7 cubic feet in volume.
4. In residential zoning districts, all equipment shall utilize a passive cooling system.
K. All disturbed landscape shall be replaced in-kind and areas of bare or disturbed soil shall be
vegetated.
L. Utilize brackets that allow antennas to be mounted at a standoff of no more than 4 inches
measured horizontally from the pole.
7.04.450 Public Notification.
A. Notice Required. Prior to commencement of installation of a Personal Wireless Service
Facility, the permittee shall notify the public of the proposed installation as specified in this
section. The notice shall be mailed and posted at least 10 days prior to installation as specified
below. The permittee shall provide evidence of compliance with this requirement.
B. Types of Notice Required.
1. Notice by Mail. The permittee shall send, via first class U.S. mail, a copy of the notice
to the owner(s) and occupant of each parcel that: (1) fronts the street on which the
proposed Personal Wireless Service Facility is located or fronts a street that intersects
such street and (2) is within 150 linear feet of the proposed Personal Wireless Service
Facility. For example, if the distance from a proposed Personal Wireless Service Facility
to a nearby street corner is 50 feet, the permittee is required to notify owners of parcels
on that intersecting street whose properties are located within 100 feet or less.
2. Notice by Posting. The permittee shall post a copy of the notice at the location of the
pole where the Personal Wireless Service Facility is to be installed and in three other
conspicuous locations that are within 100 feet in each direction from the pole.
3. Contents and Form of Notice. The notice shall contain such information, and be in
such form, as the City Engineer reasonably requires in order to inform the general public
as to the nature of the installation of a Personal Wireless Service Facility. At a minimum,
the notice shall:
a. Provide a description and a photo-simulation of the proposed Personal
Wireless Service Facility; and
b. Explain how any interested person may obtain additional information and
documents related to the permit.
Article VI. Enforcement
7.04.460 Permit—Revocation.
Any permit issued hereunder may be revoked by the City Engineer for violation of the provisions
of this chapter or if the permitted activity poses an imminent threat to the public health, safety, or
welfare.
7.04.470 Appeals.
An applicant or permittee may appeal the decision of the City Engineer concerning the denial or
revocation of a permit to the City Manager pursuant to the provisions of Section 1.04.050. The
City Manager may deny the appeal or grant the appeal with terms and conditions necessary to
protect the public health and safety.
7.04.480 Enforcement officer designated.
The City Engineer is designated as the enforcement authority for purposes of enforcing the
provisions of this chapter.
7.04.490 Nuisance summary abatement.
Violation of the provisions of this chapter are declared to constitute a nuisance. The City
Engineer may summarily abate any such nuisance in accordance with California Government
Code Section 38773. The costs of such abatement shall be a personal obligation of the property
owner and may be made a lien against the property in accordance with the provisions of Section
7.04.470.
7.04.500 Lien procedure.
A. Record of Cost. The City Engineer shall keep an account of the cost of performing the
abatement, including reasonable administrative costs, on each separate lot or parcel of land,
and the name of the owner thereof. Such costs shall become, when confirmed, a special
assessment against the property.
B. Council Appeal. Between the first and fifteenth day of July of each year, the City Manager
shall cause to be published a notice to the effect that any owner upon whose property the City
Engineer has performed any work hereunder during the preceding fiscal year may appeal
therefrom to the Council. Such notice shall be published once in accordance with Government
Code Section 6061. Any appeal shall state the grounds for appealing. At the next regular
meeting of the City Council after the first day of August, it shall hold a hearing to confirm the
costs and any appeals, and its determination thereupon shall be final.
C. Lien. After confirmation of the costs by the City Council a certified copy of the confirmed
report shall be filed with the County Auditor who shall enter each assessment on the tax roll
against the respective premises. Such assessment shall be collected at the same time in the
manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for such taxes. All laws
applicable to the levy, collection, and enforcement of municipal ad valorem property taxes shall
be applicable to such assessments. The lien created attaches upon recordation of a certified
copy of the confirmed report in the office of the County Recorder and shall continue until the
charges and fees are fully paid.
Section 2. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
person or circumstance. The City Council of the City of Dublin hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
__________________________________
City Clerk
ORDINANCE NO. XX-17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AMENDING CHAPTER 8.92, 8.36, AND 8.104 OF THE DUBLIN MUNICIPAL CODE
RELATING TO DEVELOPMENT OF WIRELESS COMMUNICATIONS FACILITIES
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 8.92 (Wireless Communications Facilities) of the Dublin
Municipal Code is hereby amended to read as follows:
“8.92.010 Purpose.
The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the
development and installation of wireless communication facilities and related facilities. These
standards cover the siting, designing and permitting of wireless communication facilities.
8.92.020 Intent.
The intent of the regulations contained herein is to protect and promote public health, safety,
community welfare and to:
A. Protect the visual character of the City from the potential adverse effects of wireless
communication facilities development and wireless communication facility installation;
B. Ensure against the creation of visual blight within or along the City’s scenic corridors and
ridgelines;
C. Ensure that wireless communication facilities, to the maximum extent possible, are located
in areas where the adverse impacts on the community are minimal;
D. Ensure that wireless communication facilities, which include equipment cabinets and
shelters, are configured in a way that minimizes the adverse visual impact of the facilities;
E. Retain local responsibility for management of the use of the public right-of-way;
F. Enhance the ability of the provider of wireless communication services to provide such
services to the community quickly, effectively and efficiently;
G. Ensure that a competitive and broad range of wireless communication services and high
quality wireless communication service infrastructure are provided to serve the business
community;
H. Encourage collocation when it will decrease visual impacts and discourage collocation
when it will increase negative visual impacts, to the extent allowed by state and federal law; and
I. Establish a process for obtaining necessary permits for wireless communication facilities
while at the same time ensuring compliance with applicable zoning, building, and safety
requirements under this code.
8.92.030 Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context, the definitions
below shall apply. Where any of the definitions in this Chapter may conflict with definitions in
Chapter 8.08 of the Dublin Zoning Ordinance, the definitions in this Chapter shall prevail for
purposes of this Chapter.
A. Antenna. The term antenna shall mean any system of wires, poles, panels, rods, reflecting
disc, or similar devices used for the transmission or reception of electromagnetic waves (or
radio frequency signals) when such system is either external to or attached to the exterior of a
structure, ground-mounted, or is portable or movable. “Antenna” includes devices having active
elements extending in any direction, and directional beam-type arrays having elements carried
by and disposed from a generally horizontal boom that may be mounted upon and rotated
through a vertical mast or tower interconnecting the boom and antenna support, all of which
elements are deemed to be a part of the antenna.
B. Base Station. The term base station includes any structure other than a tower that supports
or houses equipment in a fixed location that enables Federal Communications Commission
(FCC)-licensed or authorized wireless communications between user equipment and a
communications network. As an illustration and not a limitation, the FCC's definition refer s to
any structure that actually supports wireless equipment even though it was not originally
intended for that purpose. Examples include, but are not limited to, wireless facilities mounted
on buildings, utility poles and transmission towers, light standards or traffic signals. A structure
without wireless equipment replaced with a new structure designed to bear the additional weight
of wireless equipment constitutes a “Base Station”.
C. Collocation. The term collocation shall mean the mounting of a wireless communication
facility on or integrated within the same tower or structure as an existing, authorized wireless
communication facility.
D. Fully- Concealed Facility. The term fully-concealed facility refers to wireless communication
facilities which are designed and constructed to blend in with the surrounding environment so
that the antenna and related equipment are not readily visible. Examples include a cupola on a
building, water tank, artificial tree, rocks and a utility pole where all antenna and related
equipment are internally mounted or underground.
E. Height. The term height shall mean the distance measured from ground level to the highest
point on the wireless communication facility, including an antenna or piece of equipment
attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted,
the height of the tower shall be the maximum height to which it is capable of being raised.
F. Owner or Operator. The term owner or operator shall mean the person, entity or agency
primarily responsible for installation and maintenance of the wireless communication facility,
which may or may not be the same person or entity which is the owner of the property on which
the facility is located.
G. Public Right-of-Way. The term public right-of-way shall mean and include all public
streets and easements, now and hereafter owned by the City or other public entity, but only to
the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy
and use such streets and easements for wireless communication facilities.
H. Radio Frequency (RF). The term radio frequency (RF) shall mean electromagnetic energy
with wave lengths between the audio range and the light range.
I. Readily Visible. The term readily visible means that an object can be seen from street level
by a person with normal vision, and distinguished as an antenna or related equipment of a
wireless communication facility, due to the fact that it is not fully-concealed, stands out as a
prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is
otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant
architecture or building materials.
J. Related Equipment. The term related equipment shall mean all equipment ancillary to the
transmission and reception of voice and data via radio frequencies. Such equipment may
include, but is not limited to, cable conduit and connectors, equipment pads, equipment
shelters, cabinets, buildings and access ladders.
K. Structure Ridgeline. The term structure ridgeline shall mean the line along the top of an
existing roof or top of a structure, including existing parapets, penthouses, or mechanical
equipment screens.
L. Tower. The term tower shall mean a mast, pole, monopole, lattice tower, or other structure
erected on the ground or on a structure designed and primarily used to support antennas. A
ground or building mounted mast greater than 15 feet tall and 6 inches in diameter supporting
one or more antenna, dishes, arrays, etc., shall be considered a wireless communications
tower.
M. Wireless Communication Facilities. The term wireless communication facilities shall
mean a facility that transmits and/or receives electromagnetic signals, including antennas,
microwave dishes, parabolic antennas, directional antennas and other types of equipment for
the transmission or reception of such signals, towers or similar structures supporting the
equipment, equipment buildings, shelters, cabinets, parking area and other accessory
development.
N. Section 6409(a). The term Section 6409(a) refers to Section 6409(a) of the Middle Class
Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. section 1455(a), as may be
amended or interpreted in judicial or administrative decisions or implementing regulations.
O. Section 6409(a) Modification. The term Section 6409(a) Modification means a collocation,
modification, or replacement of transmission equipment at an existing wireless tower or base
station that does not result in a substantial change in the physical dimensions of the existing
wireless tower or base station pursuant to Section 6409(a).
P. Substantial Change. The term substantial change for the purposes of a Section 6409(a)
Modification shall mean:
1. For wireless towers outside the public right-of-way, a substantial change occurs when
the proposed collocation or modification:
a. Increases the overall height more than ten (10) percent or the height of one
additional antenna array not to exceed twenty (20) feet (whichever is greater); or
b. Increases the width more than twenty feet (20) from the edge of the tower or
the width of the tower at the level of the appurtenance (whichever is greater); or
c. Involves the installation of more than the standard number of equipment
cabinets for the technology involved, not to exceed four (4); or
d. Involves excavation outside of the current boundaries of the leased or owned
property surrounding the tower, including any access or utility easements
currently related to the site.
2. For wireless towers within the public right-of-way and for all base stations, a
substantial change occurs when the proposed collocation or modification:
a. Increases the overall height more than ten (10) percent or ten (10) feet
(whichever is greater); or
b. Increases the width more than six (6) feet from the edge of the tower or base
station; or
c. Involves the installation of any new ground-mounted equipment cabinets that
are ten percent (10%) larger in height or volume than any existing ground
mounted equipment cabinets; or
d. Involves the installation of any new equipment cabinets on the ground when
there are no existing ground-mounted equipment cabinets; or
e. Involves excavation outside the area in proximity to the structure and other
transmission equipment already deployed on the ground.
3. For all proposed collocations and modifications, a substantial change occurs when:
a. The proposed collocation or modification would defeat the concealment
elements of the tower or base station; or
b. The proposed collocation or modification violates a prior condition of approval,
provided however that the collocation need not comply with any prior condition of
approval that is determined to be inconsistent with the thresholds for a
substantial change described in this section.
The thresholds and conditions for a "substantial change" described in this section
are mutually exclusive—the violation of any individual threshold or condition
results in a substantial change. The height and width thresholds for a substantial
change described in this section are cumulative for each individual wireless tower
or base station. The cumulative limit is measured from the physical dimensions of
the original structure for base stations and all sites in the public rights-of-way,
and from the smallest physical dimensions that existed on or after February 22,
2012, for wireless towers on private property.
8.92.040 Exemptions.
The following wireless communication facilities are exempt from the standards of this Chapter,
but shall fully comply with other applicable requirements of the municipal code including, but not
limited to, adopted building, electrical, plumbing, mechanical, and fire codes:
A. Antennas designed to receive video programming signals from direct broadcast satellite
(DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast
stations (TVBS), provided that all of the following conditions are met:
1. The antenna measures 39 inches (one meter) or less in diameter within residential
districts; or 78 inches (two meters) or less in diameter within commercial and industrial
zoning districts;
2. If the antenna is mounted on a mast, the mast must measure less than twelve (12)
feet in height;
3. The antenna does not pose a threat to public safety, including, but not limited to,
minimum separation from power lines, compliance with electrical and fire code
requirements, and secure installation, as determined by the Building Official;
4. The antenna is not located on a site or building with historical significance, as
demonstrated by inclusion on any list of historical sites officially adopted by any local,
state, or federal governmental body;
5. To the extent feasible, the antenna is installed in a location where it is not readily
visible from the public right-of-way.
B. Amateur radio antennas that do not exceed the maximum building height for the zoning
district in which it is located by more than 25 feet. If an antenna is installed on the roof of the
building, the height of the antenna shall be inclusive of the building height.
C. Public communication facilities, including personal wireless services, used and maintained
by the City, or any fire district, school district, hospital, ambulance service, governmental
agency, or similar public use.
D. Minor repair and regular maintenance of an existing wireless telecommunication facility that
does not increase the number, height, size, or appearance of the antennas or ancillary related
equipment as previously approved by the City.
E. All wireless communication facilities in the public right-of-way. Wireless communication
facilities in the public right-of-way shall be subject to a Personal Wireless Facilities Services
Permit as set forth in Chapter 7.04 of the Dublin Municipal Code, which sets forth the particular
terms and provisions under which the approval to occupy and use the public rights-of-way of the
City will be granted if occupancy of the public rights-of-way is desired or required.
F. Any “co-location facility” that meets the requirements of California Government Code Section
65850.6.
8.92.050 Permitting Procedure.
A Site Development Review pursuant to Chapter 8.104 shall be required for all new or modified
wireless communication facilities, unless otherwise noted in this Chapter.
8.92.060 Application Requirements.
A. New Wireless Communication Facilities. The following application materials are
required for new wireless communication facilities:
1. Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which
include the following items.
a. A depiction of all existing and proposed utility runs and points of contact.
b. A depiction of the leased or licensed area of the site with all rights-of-way and
easements for access and utilities labeled in plan view.
c. Plan view and all elevations of a scaled depiction of the maximum permitted
increase to towers, base stations and other support structures as authorized
by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed
project shall be used as the baseline for new facilities and the existing facility
used as the baseline for modifications.
2. Authorization. A statement from property owner authorizing application.
3. Description of Services. A description of the services that the applicant proposes to
offer or provide in conjunction with the proposed sites.
4. Definition of Service Area. Definition of the service area needed for coverage or
capacity of a wireless communication facility and service area maps and information
showing that the proposed facility would provide the needed coverage or capacity.
5. Alternative Site Analysis. Alternative site analysis and map showing all alternate
sites, including all collocation opportunities within one-half mile, that were analyzed in the
wireless communication service provider’s site selection process and any additional sites
as required by the Community Development Director from which the needed coverage
could also be provided, indicating the zoning for all such sites. The analysis shall address
the potential for collocation at an existing or new site.
An alternative site analysis is not required for facilities which are fully-concealed from
public view.
6. Visual Analysis. Photo simulations of the proposed project including a map depicting
where the photos were taken. The visual impact analysis may require photo overlays,
scaled models, renderings, or mockups as determined appropriate by the Community
Development Director.
7. Noise Analysis. Noise impact analysis information for the proposed wireless
communication facility including, but not limited to, equipment, such as air conditioning
units and back-up generators. A manufacturer’s specification sheet may be provided in
lieu of a noise impact analysis, if determined appropriate by the Community Development
Director.
8. RF Emissions. Written documentation demonstrating that emissions from the
proposed wireless communications facility are within the limits set by the FCC. The
document shall include both the actual levels as they exist currently and the cumulative
levels for the proposed facility and all other facilities in the vicinity.
9. Landscape Plan. Where applicable, the applicant shall submit a plan depicting
existing surrounding landscaping, proposed landscaping, a landscape protection plan for
construction and a maintenance plan (including an irrigation plan).
10. Other Information. The applicant shall submit any other relevant information as
required by the Community Development Director.
B. Modifications to Existing Wireless Communication Facilities. The following application
materials are required for modifications to all existing wireless communication facilities except
Section 6409(a) Modifications:
1. Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which
include the following items.
a. A depiction of all existing and proposed utility runs and points of contact.
b. A depiction of the leased or licensed area of the site with all rights-of-way and
easements for access and utilities labeled in plain view.
2. Prior Permits. True and correct copies of all previously obtained land use approvals,
including all required conditions of approval.
3. Noise Analysis. Noise impact analysis for the proposed wireless communication
facility including, but not limited to, equipment, such as air conditioning units and back-
up generators. A manufacturer’s specification sheet may be provided in lieu of a noise
impact analysis, if determined appropriate by the Community Development Director.
4. RF Emissions. Written documentation demonstrating that emissions from the
proposed wireless communications facility are within the limits set by the FCC. The
document shall include both the actual levels as they exist currently and the cumulative
levels for the proposed facility and all other facilities in the vicinity.
5. Other Information. The applicant shall submit any other relevant information as
required by the Community Development Director.
8.92.070 Section 6409(a) Modification.
Except as expressly modified by this section, an application for a Section 6409(a) Modification
shall be subject to the provisions of this Chapter.
A. Application Materials. Notwithstanding Section 8.92.060 (Application Requirements), the
following application materials are required for Section 6409(a) Modifications:
1. A site plan and elevation drawings for the facility as existing and as proposed with all
height and width measurements explicitly stated. The plans must include plan views and
all four elevations that depict the physical dimensions of the existing facility as it existed
on February 22, 2012 or as approved if constructed after February 22, 2012.
2. A description of all construction that will be performed in connection with the
proposed modification, including, but not limited to, the location of any excavations or
deployments.
3. A written statement that explains in plain factual detail whether and how Section
6409(a) and applicable implementing regulations require approval of the proposed
Section 6409(a) Modification. A complete written narrative analysis shall state the
applicable standard and all facts that would allow the city to conclude the standard has
been met. Bare conclusions without factual support shall not constitute a complete
written analysis. As part of the written statement the applicant shall include: (i) whether
and how the support structure qualifies as an existing tower or existing base station; and
(ii) whether and how the proposed Section 6409(a) Modification does not cause a
substantial change in height, width, excavation, equipment cabinets, concealment, or
permit compliance.
4. True, correct and complete copies of all permits and other regulatory approvals,
including without limitation any conditions of approval, issued in connection with the
tower or base station to be collocated on or modified.
B. Review and Required Findings. Notwithstanding the provisions of 8.92.050
(Permitting Procedures) and 8.92.080 (Development Standards and Regulations), the
Community Development Director shall approve or deny a request for a Section 6409(a)
Modification in accordance with this section and applicable federal law or regulations. The
Community Development Director shall approve an application for a Section 6409(a)
Modification if he or she makes the following findings:
1. The proposed modification does not cause a substantial change in the existing tower
or base station and otherwise fully qualifies as a Section 6409(a) Modification under
applicable law;
2. The existing tower or base station was permitted with all required regulatory
approvals required at the time of construction; and
3. The proposed modification does not violate any legally enforceable standard or permit
condition reasonably related to public health and safety, including, but not limited to,
building, structural, electrical, and safety codes.
A proposed modification to a wireless communication facility that does not qualify as a Section
6409(a) Modification shall be denied and will instead be subject to the requirements set forth in
this Chapter for the specific type of wireless communication facility proposed.
C. Other. Nothing in this section prevents the city from imposing other lawful conditions on
the approval of a Section 6409(a) Modification including, but not limited to, conditions consistent
with obligations imposed on the initial installation. Nothing in this section shall be construed to
waive or limit the city’s proprietary right to control the use of its real or personal property for
telecommunications purposes.
8.92.080 Development Standards and Regulations.
A. Residential Districts. Wireless communication facilities are prohibited on private property in
all residential zoning districts and comparable Planned Development zoning districts except as
indicated in Section 8.92.040.
B. Location Criteria. All wireless communication facilities shall be located so as to minimize
their visibility. The following measures shall be implemented:
1. No wireless communication facilities shall be installed on an exposed ridgeline, or at
a location readily visible from I-580, I-680, or scenic corridor identified in the Eastern
Dublin Scenic Corridor Policy, or on property designated Parks/Recreation, Open Space,
or Stream Corridor on the Dublin General Plan, unless it blends with the surrounding
existing natural and artificial environment in such a manner as to not be readily visible,
and a finding is made that no other location is technically feasible and complies with
those policy documents;
2. No facility may be located within the front setback, along major street frontages where
it will be readily visible or between the face of a building and a public street, bikeway or
park, except for approved facade-mounted equipment or facilities located on existing
structures;
3. No towers shall be installed closer than one half mile from any existing tower unless
technologically required (technical evidence must be submitted to the Community
Development Director showing a clear need for this facility, and the infeasibility of
collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that
blends with the surrounding existing natural and artificial environment;
4. Each facility shall be operated in such a manner so as to minimize any possible
disruption caused by noise. Backup generators shall only be operated during periods of
power outages, and shall not be tested on weekends or holidays, or between the hours
of 8:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from
any source exceed an exterior noise level of 60 dB at the property line. If the facility is
located within one hundred (100) feet of a residential use, noise attenuation measures
shall be included to reduce noise levels to a level of 50 dBA measured at the property
line.
5. All towers shall be set back at least twenty percent (20%) of the tower height from all
property lines, and at least one hundred (100) feet from any public trail, park, or outdoor
recreation area, unless it is a fully-concealed facility that blends with the surrounding
existing natural and artificial environment.
C. Design Review Criteria. In addition to all other requirements set forth in this Chapter, all
wireless communication facilities shall meet the following design requirements:
1. Minimizing Visual Impact. All wireless communication facilities shall incorporate
appropriate techniques to camouflage, disguise and/or blend them into the surrounding
environment. Wireless communication facilities shall be in scale and designed to blend
with the existing natural or built surroundings and existing supporting structures. The City
shall have the authority to require special design features for the wireless communication
facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically
significant structures, views and/or community features).
Based on potential aesthetic impact, the order of preference for facility type is: (1)
Collocation sites, when such siting minimizes adverse effects related to land use
compatibility, visual resources, public safety, and other environmental factors, (2)
building-mounted (façade or roof) facilities, (3) ground-mounted facilities and (4) a new
tower.
2. Paint and Finish Materials. Wireless communication facilities including the
antennas and related equipment shall be constructed out of non-reflective materials,
painted and/or textured to match the existing support structure and painted to blend with
their surroundings.
3. Related Equipment. All equipment shelters or cabinets must be concealed from
public view or made compatible with the architecture of surrounding structures or placed
underground. Support equipment pads, cabinets, shelters and buildings require
architectural, landscape, color, or other camouflage treatment to minimize visual impacts.
4. Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights
shall not be included in the design of facilities unless required by the FAA. Lightning
arrestors and beacons shall be included when calculating the height of facilities such as
towers.
5. Height. The maximum height of a wireless communication facility shall be equal to
the height limit for the district in which it is located. An exception to the height limit may be
approved based on a visual analysis demonstrating that views of the facility are
minimized or are substantially screened, and on an engineering analysis justifying the
height of the proposed facility and demonstrating that a lower height is not feasible.
6. Lighting. Wireless communication facilities shall not be artificially lighted, unless
required by the FAA or other applicable authority and designed to ensure the least
disturbance to the surrounding views.
7. Satellite Dish/Parabolic Antennas - Ground-Mounted. Satellite dish or parabolic
antennas that are ground-mounted shall be situated as close to the ground as possible to
reduce visual impact without compromising their function. No such antenna shall be
located in any front yard, nor in a corner side yard unless the antenna is screened from
pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located
within a required setback unless approved through a Site Development Review
application upon a showing that no reasonable alternative location is available.
8. Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height
possible to serve the operator’s service area. Roof mounted antennas shall be designed
to minimize their visibility and blend with the surroundings. Placing roof mounted
antennas in direct line with significant view corridors shall be avoided.
8.92.090 Removal of Abandoned Facilities.
Any wireless communication facilities that are not operated for a continuous period of twelve
(12) months shall be considered abandoned, and the owner of such facilities or the owner of the
property upon which the facilities are located shall remove the same within ninety (90) days of
receipt of notice from the Community Development Director notifying the owners of the removal
requirement. If such facilities are not removed within the ninety (90) days, the Community
Development Director may cause the antenna or tower to be removed at the expense of the
owners of the facilities and the property. If there are two (2) or more users of a single tower, the
tower shall not be deemed abandoned and shall not be subject to these provisions until all users
have abandoned the facility.”
Section 2. Subsection 8.36.110.C.3.c (Utility and Communication Facilities) of the
Dublin Municipal Code is hereby amended to read as follows:
“c. Utility and communications facilities. Except as otherwise provided in Chapter 8.92,
Wireless Communication Facilities Regulations, individual radio and television receiving
antennas, wireless communication facilities, satellite dishes, transmission and distribution
poles and towers for public utilities. See Chapter 8.92 Wireless Communication Facilities
regarding development regulations and land use approvals for those facilities.”
Section 3. Subsection 8.104.020.I (Site Development Review) of the Dublin
Municipal Code is hereby added to read as follows:
“I. Minor modifications to Wireless Communications Facilities. Minor modifications
to existing wireless communication facilities that involve no physical change visible from
the public right-of-way.”
Section 4. Subsections 8.104.030.A.4 and 8.104.030.A.5 (Site Development
Review) of the Dublin Municipal Code are hereby amended to read as follows:
“4. Modifications to Wireless Communications Facilities. Modifications to existing
wireless communication facilities that involve changes to the appearance where the
change is in substantial conformance with the approved Site Development Review and
Section 6409(a) Modifications as defined in Chapter 8.92. These facilities are also
subject to the provisions of Chapter 8.92, Wireless Communication Facilities.”
5. Other Improvements. All other improvements determined by the Community
Development Director to be minor in nature and requiring review.”
Section 5. Section 8.104.040.A.12 (Site Development Review) of the Dublin
Municipal Code is hereby amended to read as follows:
“12. Wireless Communications Facilities. All new wireless communication facilities
and modifications to wireless communication facilities that are not in conformance with
an approved Site Development Review. These facilities are also subject to the
provisions of Chapter 8.92, Wireless Communication Facilities.”
Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
person or circumstance. The City Council of the City of Dublin hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
Section 8. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
PLANNING COMMISSION MINUTES
Tuesday, September 26, 2017
Planning Commission September 26, 2017
Regular Meeting Page | 1
A Regular Meeting of the Dublin Planning Commission was held on Tuesday,
September 26, 2017, in the City Council Chamber. The meeting was called to order at
7:00 PM., by Commission Chair Scott Mittan.
1. Call to Order and Pledge of Allegiance
At tendee Name Title Status
Scott Mittan Commission Chair Present
T ara Bhuthim ethee Commission Vice Chair Present
Am it Kothari Planning Comm issioner Present
Sam ir Qureshi Planning Comm issioner Present
Stephen W right Planning Comm issioner Present
2. Oral Communications
2.1. Public Comment
No public comments were made.
3. Consent Calendar
3.1. Approve the minutes for the June 27, 2017 Planning Commission meeting.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVED BY: Amit Kothari, Planning Commissioner
SECOND: Samir Qureshi, Planning Commissioner
AYES: Bhuthimethee, Kothari, Qureshi, Wright, Mittan
4. Written Communication - None
5. Public Hearing
5.1. Zoning Ordinance Amendments to the Wireless Communication Facilities
(Chapter 8.92) PLPA 2014-00064
Amy Million, Principal Planner, made a presentation and responded to questions
posed by the Commission.
Commission Chair Mittan opened the public hearing
No comments were made by the public on this item.
Planning Commission September 26, 2017
Regular Meeting Page | 2
Commission Chair Mittan closed the public hearing.
Commissioner Wright made a motion to adopt the resolution with a modification
to Draft Ordinance Section 8.92.060.A.5 to waive the alternative site analysis for
facilities that are fully-concealed from view. The motion was seconded
by Commissioner Kothari, and by unanimous vote, the Commission adopted as
amended:
RESOLUTION NO. 17 – 10
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN
ZONING ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNICATION FACILITIES,
CHAPTER 8.36 (DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE
DEVELOPMENT REVIEW) EFFECTIVE CITY-WIDE
PLPA-2014-00064
6. Unfinished Business - None
7. New Business - None
8. Other Business – Brief information only reports from City Council and/or Staff,
including committee reports and reports by City Council related to meetings attended at
City expense (AB1234).
Jeff Baker, Assistant Community Development Director, introduced Danielle Diaz,
Senior Office Assistant, as the new clerk for the Planning Commission.
9. Adjournment
The meeting was adjourned at by Commission Chair Mittan at 7:45 p.m.
Respectfully submitted,
Planning Commission Chair
ATTEST:
Jeff Baker
Assistant Community Development Director
RESOLUTION NO. 17-10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNIC ATION FACILITIES, CHAPTER 8.36
(DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW)
EFFECTIVE CITY-WIDE
PLPA-2014-00064
WHEREAS, On February 22, 2013 the Federal government adopted the Middle Class
Tax Relief and Job Creation Act of 2012 (Act), which provides that state or local governments
may not deny, and shall approve, any request for collocation, removal, or replacement of
transmission equipment on an existing wireless tower or base station, provided the action does
not substantially change the physical dimensions of the tower or base station;
WHEREAS, Dublin Zoning Ordinance Chapter 8.92 (Wireless Communication Facilities)
provides a uniform and comprehensive set of standards for the development and installation of
wireless communication facilities to protect and promote public health, safety, community
welfare and aesthetic qualities in the City; and
WHEREAS, Zoning Ordinance amendments are necessary to comply with federal and
State law and clarify the regulations for wireless communication facilities; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulatio ns require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, Pursuant to the CEQA, Staff is recommending that the project be found
exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will
not have a significant effect on the environment. In accordance with Section 15378(b)(5) of the
CEQA Guidelines because the proposed action is not a project under. Pursuant to the FCC,
changes to an existing telecommunications facility, that comply with Section 6409(a) of the Act,
are considered minor changes and amending the Zoning Ordinance to comply with this Federal
law would not impact the environment. As such, the proposed Zoning Ordinance Amendment is
not subject to CEQA; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on the proposed Zoning
Ordinance Amendments on September 26, 2017; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the proposed ordinance.
2 of 2
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Zoning Ordinance amendments attached hereto as
Exhibit A and incorporated herein by reference with the change to Section 8.92.060(A)(5) to
include language to state that an alternative site analysis is not required for facilities which are
fully-concealed from public view.
PASSED, APPROVED AND ADOPTED this 26th day of September, 2017 by the
following vote:
AYES: Wright, Qureshi, Mittan, Bhuthimethee, Kothari
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director