Agenda packet — Carmel-by-the-Sea City Council, January 4, 2022 (part 3 of 3)

WHEREAS, on August 16, 2021, the Historic Resources Board held a public hearing to receive public testimony regarding the Application, including without limitation, the information provided to the Planning Commission by City staff and public testimony on the Design Review application and adopted Resolution 2021-007-HRB issuing a Determination of Consistency with the Secretary of the Interior’s Standards; and
WHEREAS, on October 13, 2021, the Planning Commission held a public hearing to receive public testimony regarding the Application, including without limitation, the information provided to the Planning Commission by City staff and public testimony on the Design Review Application and Use Permit application; and
WHEREAS, on October 13, 2021, the Planning Commission continued the application with direction the applicant to explore relocating the sound lock to the interior of the existing structure; and
WHEREAS, on November 10, 2021, the Planning Commission held a public hearing to receive public testimony regarding the Application, including without limitation, the information provided to the Planning Commission by City staff and public testimony on the Design Review Application and Use Permit application; and
WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Commission at the public hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the Planning Commission did hear and consider all said reports and attachments, recommendations and testimony hereinabove set forth and used their independent judgment to evaluate the project; and
WHEREAS, Pursuant to CMC 17.14.220.A, Façade Remodels, when plans for remodels are reviewed for approval, the reviewing body must find the following to be true:

1. The proposed modification contributes to, restores or achieves consistency of architectural character and scale when considering the building or courtyard as a whole.

2. The proposed modification does not incorporate materials, patterns or other design elements that would:
a. Call attention to the building.
b. Create a form of advertising or sign through architectural treatment. c. Would render the storefront unusable by a different business occupant without further remodeling.
d. Create a standardized identification with a particular business use.

WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of CarmelBy-The-Sea does hereby make the following findings and determinations regarding the Use Permit:

Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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FINDINGS REQUIRED FOR USE PERMIT APPROVAL (CMC 17.64.010 & 17.64.020) For each of the required Use Permit findings listed below, staff has indicated whether the submitted plans support the adoption of the findings. For all findings checked "no" the staff report discusses the issues to facilitate the Planning Commission decision-making. Findings checked "yes" may or may not be discussed in the report depending on the issues.

Municipal Code Finding YES NO

1. That the proposed use will not be in conflict with the City’s General Plan. ✔

2. That the proposed use will comply with all zoning standards applicable to the use and zoning district.
✔

3. That granting the use permit will not set a precedent for the approval of similar uses whose incremental effect will be detrimental to the City or will be in conflict with the General Plan.
✔

4. That the proposed use will not make excessive demands on the provision of public services, including water supply, sewer capacity, energy supply, communication facilities, police protection, and fire protection. ✔

5. That the proposed use will not be injurious to public health, safety, or welfare. ✔

6. That the proposed use will be compatible with surrounding land uses and will not conflict with the purpose established for the district within which it will be located.
✔

7. That the proposed use will not generate adverse impacts affecting the health, safety, or welfare of neighboring properties or uses.
✔

8. That allowing the proposed use will not conflict with the City’s goal of achieving and maintaining a balanced mix of uses that serve the needs of both local and nonlocal populations.
✔

9. That proposed use will provide adequate ingress and egress to and from the proposed location.
✔

10. That the capacity of surrounding streets is adequate to serve the automobile and delivery truck traffic generated by the proposed use. ✔
BE IT FURTHER RESOLVED, that the Planning Commission of the City of Carmel-By-TheSea does hereby make the following findings and determinations regarding the Design Review:

FINDINGS REQUIRED FOR DESIGN REVIEW APPROVAL
For each of the required findings listed below, staff has indicated whether the application supports adoption of the findings. For all findings checked "no" the staff report discusses the issues to facilitate the Planning Commission decision-making. Findings checked "yes" may or may not be discussed in the report depending on the issues.

CMC 17.58.060.B, Findings Required for Design Review Approval in any district YES NO

1. Conform to the applicable policies of the General Plan and the Local Coastal Program
✔

2. Comply with all applicable provisions of this code ✔

3. Are consistent with applicable adopted design review guidelines ✔ Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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BE IT FURTHER RESOLVED that the Planning Commission of the City of Carmel-by-the-Sea does hereby APPROVE the Design Review Application (DR 21-114) and Use Permit Application (UP 21-226) for a remodel and structural seismic retrofit of an historic structure, known as the China Arts Center, which includes new acoustic infrastructure, as well as new elevator and stairway additions to the roof and a new skylight and exterior windows for a new private music recording studio located at Dolores Street, 2 northwest of 7th Avenue in the Central Commercial (CC) Zoning District and Downtown Conservation District (CD) Overlay (APN: 010-147-006), subject to the following Conditions of Approval:

CONDITIONS OF APPROVAL
No. Standard Conditions

1. Authorization. This approval of Design Review (DR 21-114) and Use Permit (UP 21-226) authorizes a remodel and structural seismic retrofit of an historic structure, known as the China Arts Center, which includes new acoustic infrastructure, as well as new elevator and stairway additions to the roof and a new skylight and exterior windows for a new private music recording studio as depicted in the plans prepared by Studio Carver Architects as presented to the Planning Commission on October 13, 2021, unless modified by the conditions of approval contained herein.
✔

2. Codes and Ordinances. The project shall be constructed in conformance with all requirements of the CC zoning district. All adopted building and fire codes shall be adhered to in preparing the working drawings. If any codes or ordinances require design elements to be changed, or if any other changes are requested at the time such plans are submitted, such changes may require additional environmental review and subsequent approval by the Planning Commission. ✔

3. Permit Validity. This approval shall be valid for a period of 6 months from the date of action unless an active building permit has been issued and maintained for the proposed construction.
✔

4. Water Use. Approval of this application does not permit an increase in water use on the project site without adequate supply. Should the Monterey Peninsula Water Management District determine that adequate water is not available for this site, this permit will be scheduled for reconsideration and appropriate findings prepared for review and adoption by the Planning Commission.
✔

5. Modifications. The applicant shall submit in writing, with revised plans, to the Community Planning and Building staff any proposed changes to the approved project plans prior to incorporating those changes. If the applicant changes the project without first obtaining City approval, the applicant will be required to submit the change in writing, with revised plans, within 2 weeks of the City being notified. A cease work order may be issued any time at the discretion of the Director of Community Planning and Building until: a) either the Planning Commission or Staff has approved the change, or b) the property owner has eliminated the change and submitted the proposed change in writing, with revised plans, for review. The project will be reviewed for its compliance to the approved plans prior to final inspection.
✔
Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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6. Service Laterals. All electrical service laterals to any new building or structure, or to any building or structure being remodeled when such remodeling requires the relocation or replacement of the main service equipment, shall be placed underground on the premises upon which the building or structure is located.

Undergrounding will not be required when the project valuation is less than $200,000 or when the City Forester determines that undergrounding will damage or destroy significant trees(s) (CMC 15.36.020). ✔

7. Indemnification. The applicant agrees, at his or her sole expense, to defend, indemnify, and hold harmless the City, its public officials, officers, employees, and assigns, from any liability; and shall reimburse the City for any expense incurred, resulting from, or in connection with any project approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set aside, void, or annul any project approval. The City shall promptly notify the applicant of any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole discretion, participate in any such legal action, but participation shall not relieve the applicant of any obligation under this condition. Should any party bring any legal action in connection with this project, the Superior Court of the County of Monterey, California, shall be the situs and have jurisdiction for the resolution of all such actions by the parties hereto. ✔

8. Hazardous Materials Waste Survey. A hazardous materials waste survey shall be required in conformance with the Monterey Bay Unified Air Pollution Control District prior to issuance of a demolition permit.
✔

9. Cultural Resources. All new construction involving excavation shall immediately cease if cultural resources are discovered on the site, and the applicant shall notify the Community Planning and Building Department within 24 hours. Work shall not be permitted to recommence until such resources are properly evaluated for significance by a qualified archaeologist. If the resources are determined to be significant, prior to resumption of work, a mitigation and monitoring plan shall be prepared by a qualified archaeologist and reviewed and approved by the Community Planning and Building Director. In addition, if human remains are unearthed during excavation, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and distribution pursuant to California Public Resources Code (PRC) Section 5097.98. ✔

10. Truck Haul Route. Prior to Building Permit issuance, the applicant shall provide for City (Community Planning and Building Director in consultation with the Public Services and Public Safety Departments) review and approval, a truck-haul route and any necessary temporary traffic control measures for the grading activities. The applicant shall be responsible for ensuring adherence to the truckhaul route and implementation of any required traffic control measures. ✔

11. USA North 811. Prior to any excavation or digging, the applicant shall contact the appropriate regional notification center (USA North 811) at least two working days, but not more than 14 calendar days, prior to commencing that excavation or digging. No digging or excavation is authorized to occur on site until the applicant has obtained a Ticket Number and all utility members have positively responded to the dig request. (Visit USANorth811.org for more information) ✔
Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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12. Conditions of Approval. All conditions of approval for the Planning permit(s) shall be printed on a full-size sheet and included with the construction plan set submitted to the Building Safety Division.
✔

SPECIAL CONDITIONS

13. Decorative Plaster Repair. Any repair to the decorative cement plaster shall be done in-kind to match the existing cement plaster in color, texture and method of application/detailing. If repair is required, photo documentation of the existing feature shall be provided to the Community Planning and Building Department for review and approval prior to commencement of the repair work.
✔

14. Wood Repair. Any repair to the original wood brackets which support the roof structure shall use Dutchman techniques that remove a minimum amount of deteriorated material. If wood replacement is necessary, it shall match the original detail in size, profile and method of application. If repair is required, photo documentation of the existing feature shall be provided to the Community Planning and Building Department for review and approval prior to commencement of the repair work.
✔

15. Treatments for Cleaning and Repairs. Physical treatments to repair existing cement plaster details, wood details and steel window sash will be undertaken with accepted methods for a given substrate. The applicant shall consult Preservation Brief 21 and/or 23 when undergoing repair to plaster, Preservation Brief 13 when undergoing repair to the steel windows, and Preservation Brief 6 before cleaning any feature.
✔

16. Sound Lock Entry Design. The glazing system shall be revised to include fewer glass panels and thinner steel framing elements to make this glazing system as transparent as possible. A detail shall be provided to CPB for review and approval prior to issuance of a building permit.
✔

17. Sound Lock Entry Detail. A detail of the glazing system that includes type/opacity of glass, width of framing elements and method of connection to the existing cement plaster arch shall be provided to CPB for review and approval prior to issuance of a building permit. The glazing system shall maintain transparent glass and the connection shall be designed to minimize damage to the existing plaster during installation and ensure the glazing system can be easily removed in the future.
✔

18. Noise. All noise and sound associated with the uses hall be confined within the enclosed structure. The City reserves the right to require an acoustical analysis prepared by a qualified professional at the property owner’s expense if complaints of excessive noise are received. Should the use be found to be not in compliance with this condition, the property owner agrees to seek immediate compliance and all business activity shall be ceased until it is demonstrated compliance with this condition has been achieved. Failure to comply and/or repeated violations shall be cause for the City to schedule a revocation hearing with the Planning Commission. At such hearings, the Commission may: a.

Require changes in the noise mitigation plan; b. Establish new permit conditions; or c. Revoke the permit.
✔
Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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19. Music within Outdoor Areas. Recorded or reproduced music on private property played from accessible exterior areas of the building, including but not limited to the roof or rear patio area, are shall not exceed a volume that produces a sound level exceeding 55 db‑A as measured at the property line.

Live music is prohibited outdoors. Exceptions may be granted for temporary and special events upon approval of a temporary use permit granted by the Planning Director pursuant to CMC 17.14.050.I. Failure to comply and/or repeated violations shall be cause for the City to schedule a Use Permit revocation hearing with the Planning Commission. At such hearings, the Commission may: a. Require changes in the noise mitigation plan; b. Establish new permit conditions; or c. Revoke the use permit.
✔

20. Rooftop Mechanical Equipment. If proposed, rooftop mechanical equipment such as, but not limited to, heating, cooling and ventilation system equipment shall be concealed from public view.
✔

21. Fire Service Equipment. If required, all new fire service equipment shall be screened from public view.
✔

22. Prohibited Uses. Concerts with live audiences in attendance are not permitted as part of the action. The use may live stream recording sessions and provide opportunities for local musical enterprises for recording, rehearsing and streaming of private performances.
✔

23. Maximum Occupancy. Maximum building occupancy shall not exceed the standards in the California Building and Fire Codes. The maximum building occupancy for the established “B” building occupancy is forty-nine (49) persons unless otherwise modified by these conditions of approval. ✔

24. Occupancy Exceedances for Orchestral Recordings. The owner may temporarily exceed the maximum building occupancy established in Condition of Approval #23, Maximum Occupancy, for the purposes of seating an orchestra for music recording purposes upon written approval from The Director of Community Planning and Building, and the fire department. To be approved, the following the following requirements must be met:

A. The building occupancy during an orchestral recording session shall not exceed more than one hundred (100) persons total at any time, inclusive of staff and guests.

B. A professional event management or security company shall be on-site for the duration of the recording session. At least two (2) employees from the professional company shall be on-site at all times when the occupancy is over 49 persons, to ensure strict compliance with Condition of Approval #24 of this permit and to provide exiting and crowd control assistance in the event of an emergency. The two employees of the professional company shall count towards the total maximum temporary occupancy of 100 persons.

C. Roof access is prohibited at all times to any person for the duration of the orchestral recording session when building occupancy exceeds 49 people.

D. No more than five (5) Orchestral Event Permits shall be allowed in any calendar year. The duration of each event may not exceed 4 days. ✔
Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

Page 8 of 9 ends

Prior to any orchestral recording session where the maximum building occupancy would be exceeded, the owner shall submit the following the Community Planning and Building Department for approval by the Director and fire department:

1. A dimensioned floor plan that includes, but is not limited to: seating arrangement, aisle locations and widths, location of equipment.

Additional information may be request by the Director or the fire department.

2. A written request describing the proposed event including the total number of anticipated occupants, and days and hours the occupancy is proposed to be exceeded. The written request shall include a description of measures taken to ensure compliance with Condition of Approval #24, Orchestral Event Permit Conditions.

25. Roof Access. The elevator door on the roof shall be located on the eastern side of the elevator shaft. A permeant guardrail or railing shall be installed extending from the northwestern corner of the elevator enclosure to the western parapet wall to prevent roof top access to the portion of the roof adjacent to the residential apartment unit to the south.
✔

26. Easement Recordation. An easement shall be recorded across the Cypress Inn Property (APN: 010-147-008-000) prior to issuance of a building permit. A copy of the recorded easement shall be provided to the Community Planning and Building Department. The easement shall provide access from the subject property to 7th Avenue as a means of providing emergency egress from the subject property to the public way.
✔

27. Sound Attenuating Vestibule Location. The proposed glass sound attenuating vestibule shall be relocated to the interior of the building with no modifications made to the primary building elevation on Dolores Street. The existing wood gates shall remain, however, may be minimally repositioned to meet exiting (egress) requirements as required by the Building and Fire Codes. ✔
Acknowledgement and acceptance of conditions of approval.

Applicant Signature Printed Name Date
Property Owner Signature Printed Name Date
Once signed, please return to the Community Planning and Building Department.

Attachment 7
Resolution No. 2021-60-PC Amended November 10, 2021

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PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF CARMEL-BYTHE-SEA this 10th day of November 2021 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Michael LePage Margi Perotti
Chair Planning Commission Secretary
Attachment 7

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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
January 4, 2022

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Leslie Fenton, Executive Assistant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Correspondence Received
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Correspondence Received
Leslie Fenton <[email protected]>
Letter of Support - Additional Benches.pdf
1 message
Teresa Tellep <[email protected]> Wed, Dec 8, 2021 at 12:17 PM To: [email protected]
Cc: Susan Tellep <[email protected]>, Patricia Axelrod <[email protected]> To the Carmel City Clerk:

Please forward this email and attached letter of support regarding the recent approval of an additional 16 benches to the Scenic Bluff Pathway to the Mayor, City Council Members, Planning Commission and Forest and Beach Commission members, with copies to the City Administrator, Brandon Swanson, Marnie Waffle, Margi Perotti and appropriate recording secretaries for the City Council and Forest and Beach Commission.

Thank you,
Teresa Tellep
Sent from my iPad
Letter of Support - Additional Benches.pdf
123K
Attachment 1
December 8, 2021
To: The Honorable Mayor, Council Members, and Planning and Forest & Beach Commissioners From: Teresa Tellep
Re: Letter of Support for Additional Benches
I am writing in support of the Planning Commission's October 13th, 2021, decision to approve an additional 16 benches along the Scenic Bluff Pathway, as well as to streamline the process for Planning Department staff to process bench applications.

My reasons come from both procedural and personal standpoints.

From a procedural standpoint: I request that the City Council, Planning Commission, and Forest and Beach Commission support and uphold the Planning Commission's October 13th, 2021, decision given there was timely public notice of the public meeting and agenda provided, there was ample opportunity provided for public comment at the October 13th meeting and at which two people spoke offering comments in support of the additional benches (refer to meeting video and minutes), and the measure was passed unanimously by the Planning Commissioners.

In addition, there were no filings of appeals to the decision made to the City Council through any Notice of Appeal Forms filed with the City Clerk within the 10 working days appeal period after the October 13th, 2021, decision. Also, the benches, as furniture in the Public Way, do fall under the auspices of the Planning Commission.

I believe it would be unwise to set a precedent where citizens or organizations bypass normal procedure -- e.g., forego their opportunity to provide public comment at a scheduled public meeting either via Zoom or correspondence, do not file an official appeal of the decision during the 10-working day appeal period, and then ask and expect the City Council, Planning Commission and Forest and Beach Commission to reverse an already duly approved decision. Again, it sets an unwise precedent for citizens and special interest groups to circumvent the city government's democratic processes and procedures.

I hope and ask that the current bench donation applications which have been submitted following city guidelines will be honored and processed based on the Planning Commission's October 13th, 2021, decision. There are many families who have put considerable thought into choosing a proposed site for a bench and plaque to honor a loved one, doing so in a way which provides opportunities for people of all ages and physical abilities to enjoy a spectacular view of Carmel Beach.

Perhaps a compromise could include the City of Carmel working with the Carmel Care volunteers for ideas as how to best beautify and landscape around the 16 new sites -- thus not eliminating any of the already pre-approved benches and sites. I believe benches for people to take in the beautiful ocean views should take precedence over the placement of new boulders or flower beds along the path.

Now from a personal standpoint: I come forth in two roles – one as a daughter, and the other as a nurse. As a daughter representing my sisters and family in October 2021, I submitted an application to donate a bench in honor of our father who passed away in November 2020. Due to Covid travel restrictions and precautions around gatherings, we were unable to have a family celebration of life ceremony as we would have liked.

Attachment 1
When we heard that the City of Carmel was now accepting applications for bench donations along the Scenic Bluff Pathway to honor loved ones, our family rejoiced that we had found the perfect way to honor our father that was so befitting of him. For over 40 years he ran this path, only switching to walking it in his eighties. In his retirement he often set up his easel and watercolors along the bluff to paint the lovely scenes of Carmel Beach.

Through a bench donation we are able to continue his legacy of philanthropy and giving -- he would be thrilled to know there was a new bench for people from around the world to sit upon and come bask in the pristine and majestic views of the sea and sky he so loved. As children, he would often bring our grandmother to sit on a bench together with us as she could no longer go up and down the steep stairs to the beach.

As part of the process of selecting one of the new sites for a bench, I had the chance to walk the length of the Scenic Bluff Pathway from 8th Street to south of Santa Lucia. I was impressed with how the Planning Department staff had thoughtfully selected additional bench sites that still allowed large stretches and expanses of unobstructed view and spaciousness between all the benches, new and old.

None of the current or proposed benches are on the walking pathway - but rather off to the side of the path, so the benches are in no way a physical obstruction to walkers or runners. I also appreciated the Planning Department's thoughtfulness in suggested bench styles that flow with and provide continuity of design with existing benches. There was an elegance of design as they artfully wove together bench placement, form, and function.

The benches provide a place for solitude, as well as connection. Kudos to the City Planning Department for a design that entails showcasing the natural beauty of Carmel Beach, as well as providing opportunities for people to reflect and connect with one another. True community planning at its best.

I've recently discovered wonderful new brochures around town encouraging people to enjoy the "Scenic Runs, Hikes and Walks" in the area, as well as a guide to being "Mindful by the Sea". These additional 16 benches demonstrate that the City of Carmel embodies the spirit of encouraging people of all abilities to find a special spot for cultivating joy and mindfulness -- for finding more opportunities to take such breaks and soak up the beauty of the ocean and sky, whether as a long-term resident, a new visitor, or perhaps a hard-working employee in town taking a relaxing lunch break.

I don't believe the current benches need to be overly crowded before additional ones are added -- the increased number of benches serve to offer new and more varied ocean vistas from which to choose, as well as more benches that are comfortable and suitable for people with health and mobility issues who may need more of the support of a backrest. More choice. More vistas. More access. More Joy.

As a nurse, I support the new benches as they allow additional access for those with health or physical conditions that prevent them going up and down the steep stairs or slopes of sand to the beach. These additional spots will provide for enjoyment, connection, and a sense of full participation of the beach experience for those sitting above -- whether someone with arthritis and a walker enjoying the antics of frolicking dogs on the beach, or a parent trying to rock a child to sleep as family still plays below.

Let's support the additional benches -- thus increasing the joy and lifted spirits they foster. Haven't we all sat on one of these benches, taken in the view, and sighed with wonder and awe and a sense of Attachment 1
renewed peace? How can one not leave their time on the bench without one's spirit lifted? Let's expand that joy. Let us have a spirit of generosity and share the treasure of this place with others.

My hope is that this Scenic Bluff Pathway be one of kindness and compassion where we realize we are all on this path of life together. Some of us can walk the path at a steady pace, others of us may want or need to enjoy the path in quiet stillness on a bench. May we show acts of kindness as we pass someone new -- perhaps a smile, a nod hello, or a respectful honoring of someone's need for silence. Perhaps we remember to say a few kind words to an elderly person sitting alone on a bench. It might be their only human contact for the day.

The beautiful ocean is here for all of us -- there is plenty of space and a myriad of majestic views to share.

Respectfully submitted,
Teresa Tellep
[email protected]
Attachment 1
Leslie Fenton <[email protected]>
Ammended letter regarding Additional benches on Scenic
1 message
rsrachel1021 via cityclerk <[email protected]> Thu, Dec 9, 2021 at 9:44 AM Reply-To: [email protected]
To: "[email protected]" <[email protected]> Sorry,
I understand the proposal is to add 16 benches, not 37. Thank you! Ruth
Additional Benches on Scenic Road~Ammended.docx
13K
Attachment 1
December 9, 2021
To: City Administrator, The Mayor and City Council, The Forest and Beach Commission, and the Planning Commission.

From: Ruth Rachel
Subject: Additional Benches on Scenic Road – Why?
I have participated as a member of Carmel Cares for well over a year. My husband Mike and I typically pick up litter every Friday morning on Scenic Road. It has come to our attention there has been a decision to add 16 benches on Scenic bringing the total number to 53. Why has this decision been made and what was the process? What I have observed is that most existing benches are not being used for any long-term sitting and the purpose, I assume, of the existing benches is for a quick rest and then continue on the walking path. Also, frankly, cigarette butts continue to proliferate, and they are certainly present in front of the benches. I know where to look. Don’t get me started.

Count us in as to objecting to the any addition of benches along Scenic Road. Perhaps the monies expended for additional benches could be used for beautification projects, repairing streets and STOP sign enforcement.

A decision of this magnitude should have input from Forest and Beach, landscape architects and other professional personnel to objectively review the pros and cons of adding benches to Scenic.

Thank you for your consideration of this request.

Ruth Rachel
831-236-0646
[email protected]
Attachment 1
Leslie Fenton <[email protected]>
Street addresses
1 message
Carolyn Ticknor <[email protected]> Thu, Dec 9, 2021 at 12:11 PM To: [email protected]
To the City Council of Carmel,
Please consider providing us with street numbers for the following reasons:

1. It would be safer for emergency vehicles to find us

2. It would allow the US Post Office to deliver mail—a critical safety factor during a pandemic. It would further reduce the frustration factor of attempting to order online when most business’ software rejects our physical address and others won’t ship to a PO Box. The immunocompromised should not make trips to the post office.

3. It would reduce difficulty for businesses locating us for services and repairs.

4. Most people drive to the post office, creating unnecessary traffic and pollution. In a time when sustainability counts, the city should consider this seriously.

Thank you for your consideration,
Carolyn and DonTicknor
San Antonio 2 NW of Santa Lucia
Carmel, CA 93921
Sent from my iPad
Attachment 1
Leslie Fenton <[email protected]>
Thank You
1 message
Tasha Witt <[email protected]> Mon, Dec 13, 2021 at 8:59 AM To: City Clerk <[email protected]>, Marnie Waffle <[email protected]>, Brandon Swanson <[email protected]>, Chip Rerig <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], Leslie Fenton <[email protected]>, Dave Potter <[email protected]>, [email protected], [email protected], Karen Ferlito <[email protected]>, [email protected] Dear Honorable Mayor Potter, Mayor Pro-Tem Richards, Council Members, Planning Commissioners and City Staff, It is with great appreciation that we write this thank you letter to every elected and appointed city official and staff member for recommending denial of Verizon’s cell tower proposal in a residential neighborhood on Carmelo Street between 8th & 9th Avenues.

This was a community-wide issue in which nearly a thousand postcards, letters and speeches were made in a way not seen in recent memory. Our grassroots group, Stop Cell Towers in Carmel Neighborhoods, along with all of Carmel’s prominent civic organizations: Carmel Residents Association, Carmel Cares, Village Preservation Committee, Friends of the Forest, and Carmel Garden Club, as well as four former mayors who combined served our town for over a quarter century, were all rightly opposed to this proposed Verizon cell tower in a residential neighborhood location.

This was about standing up for Carmel’s aesthetics and unique beauty and defending our municipal codes and General Plan, which a city has a full constitutional right, duty, and obligation to do. It’s also about standing up to a giant global corporation trying to dictate where its industrial equipment will be placed in our town, and how our town will look as a result.

The Planning Commission valiantly served our community under immense pressure to “rubber-stamp” this proposal.

Their unanimous 5-0 decision to deny Verizon’s permit provided six valid factual reasons, backed up by thorough deliberation and objective defense of our codes. It was not a hasty decision, rather it was one made with careful and deliberate consideration. Their important role as gatekeepers of the community continued to make sure planning decisions fit in with, are compatible with, and follow the aesthetics, municipal codes, zoning, and General Plan of our town.

We couldn’t be prouder of our elected city officials for upholding our local city ordinances in cell tower site decisionmaking. Especially our Mayor Dave Potter and Mayor Pro-Tem Bobby Richards who led the way in recommending denial of the proposed Carmelo Street tower and strongly defending Carmel. The City Council voted 5-0 unanimously denying the cell tower and upholding the Planning Commission’s decision.

This was a victory for all of Carmel-by-the-Sea—its beauty, its tradition, and its residents. It showed the community will strongly unify, stand-together, and make its voices heard when there is a significant issue that threatens the aesthetics, uniqueness, and charm of our historic town. Thank you to all who were part of this effort! Wishing all of you Happy Holidays & a wonderful New Year! Sincerely,
Stop Cell Towers in Carmel Neighborhoods
Attachment 1
Leslie Fenton <[email protected]>
Fwd: Benches
1 message
Myrna Brandwein <[email protected]> Mon, Dec 13, 2021 at 9:04 AM To: [email protected]
Sent from my iPad
Begin forwarded message:

From: Myrna <[email protected]>
Date: December 12, 2021 at 8:56:17 PM PST
To: [email protected]
Subject: Benches
To: City Administrator
The Mayor and City Council
The Forest and Beach Commission
The Planning commission
It has come to my attention that you are planning on constructing 12-15 more benches along our absolutely beautiful Coastal walk.

I do that walk several times a week and when I have guests, the first time I take them on this walk, they want to do it everyday
that they are here . By squeezing more benches into this area ( there are already an adequate number of them ) you will destroy the
ambience of this magnificent stretch of Real Estate. On behalf of all the Carmel Residents please don’t do that
I live in the Carmel Highlands and I drive over to 14th and Carmelo and do the walk from there to the path and up to 8th. Breathing in the
ocean air is healthy , invigorating and refreshing.

I hope you will all do the right thing.

Thank you,
Myrna Brandwein
Attachment 1
Leslie Fenton <[email protected]>
Proposed Scenic Drive benches
1 message
Christopher Manke <[email protected]> Mon, Dec 13, 2021 at 3:36 PM To: "[email protected]" <[email protected]> City Administrator
Mayor and Councilmembers, City of Carmel
Forest and Beach Commission
Planning Commission
Dear Sirs:

I walk Scenic just about daily, do cleanup on Tuesdays and shovel sand off the stairs on Wednesdays, and can't help but notice that there are a lot of benches there already. Always cigarette butts around them, also. Do we need more? Some of the existing, newer stone benches with backs seem overbuilt and out of place.

Perhaps a FEW more short benches, carefully sited and half-log inobtrusive design? Or better, enough already. Happily here, doing nothing is the best option.

Please let this be part of the public record, and forward copies to the Councilmembers.

Christopher Manke, DDS
CHS 1968
Attachment 1
Leslie Fenton <[email protected]>
Fwd: Gail Karish Interview Questions
1 message
Mike McWalters <[email protected]> Tue, Dec 14, 2021 at 12:22 PM To: Britt Avrit <[email protected]>
Hi Leslie,
Please include this in today’s City Council meeting.

Thank you.

Michael McWalters, Scenic Road, 2N of 11th
Sent from my iPhone
Begin forwarded message:

From: Mike McWalters <[email protected]>
Date: December 13, 2021 at 4:54:30 PM PST
To: [email protected]
Cc: [email protected]
Subject: Gail Karish Interview Questions
Dear Mayor Potter, Mayor ProTem Richards & Councilmembers Baron, Theis & Ferlito Please find enclosed Calabasas Cell Towers & Antennas Ordinance 2019-375 If we had this ordinance, we could have eliminated all of the time & effort we used to deny Verizon’s Carmelo Tower.

Please open the enclosure & scroll to page 16. At the top is “3. Guidelines. All personal wireless facilities including small wireless facilities located in a public right of way shall be designed as follows: Go to “e.Pole mounted antennas shall adhere to the following guidelines: Go to “iii. The maximum height of any antenna shall not exceed twenty four (24) inches above the height of the pole or tower other than a streetlight pole or six (6) feet above the height of a streetlight pole”. Go to “iv. A freestanding telecommunications tower or monopole shall be set back a distance of at least one hundred fifty (150) percent of the height of the tower to the nearest structure designed for occupancy.” (La Playa) Please ask Ms Karish the following questions:
1)Please list the California Municipalities Cell Tower ordinances have you authored. 2)If we had already retained you for our Celltower Ordinance, would your ordinance have disallowed the Verizon Carmelo location?
3)At last Tuesday’s Verizon Carmelo meeting, would you have granted Verizon an extension or denied Verizon outright?
4)Are you a proponent of residential celltowers?
Thank you.

Michael McWalters, Scenic Road 2N of 11th
https://www.cityofcalabasas.com/Home/ShowDocument?id=6036 Sent from my iPhone
item8attachmenta.pdf
167K
Attachment 1
Attachment 1
207627.1
ITEM 8 ATTACHMENT A
ORDINANCE NO. 2019-375

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CALABASAS, CALIFORNIA AMENDING CALABASAS
MUNICIPAL CODE, SECTION 17.12.050 RELATED TO

ANTENNAS/PERSONAL WIRELESS

TELECOMMUNICATIONS FACILITIES TO ADD

PROVISIONS SPECIFICALLY REGULATING SMALL
WIRELESS FACILITIES COVERED UNDER 47 C.F.R.

SECTION 1.6001 ET SEQ.

WHEREAS, the City Council of the City of Calabasas, California (the “City Council”) has considered all of the evidence including, but not limited to, the Communications and Technology Commission Resolution, Planning Division staff reports and attachments, and public testimony before making a final decision; and WHEREAS, on September 26, 2018, the Federal Communications Commission adopted a Declaratory Ruling and Report and Order (FCC 18-133) adopting 47 C.F.R. section 1.6001 et seq.; and
WHEREAS, 47 C.F.R. section 1.6001 et seq. implements 47 U.S.C. sections 332(c)(7) and 1455, regulating the collocation, modification, and deployment of wireless facilities; and
WHEREAS, FCC 18-133 is intended to streamline the process of collocating and deploying small wireless facilities necessary to support the 5G network infrastructure; and
WHEREAS, FCC 18-133 shortens the shot clock for reviewing small wireless facility permit applications, limits the amount of fees that can be assessed for the review, regulates aesthetic requirements, among others; and WHEREAS, FCC 18-133 takes effect on January 14, 2019, and preempts any and all conflicting local ordinances and regulations; and WHEREAS, given the short time period before the effective date of the new regulations, which require that the City approve applications for small wireless facilities, time is of the essence to avoid the City being unable to timely review and evaluate applications brought under this new federal regulatory scheme; and WHEREAS, the adoption of an administrative regulatory process to review, evaluate, and approve if warranted, applications for small wireless facilities is necessary to protect the public’s health, safety, and welfare by complying with Attachment 1
2 O2019-375
federal law, thereby preserving to the maximum extent possible the City’s ability to regulate the collocation to existing structures and the deployment to new structures; and
WHEREAS, the City Council finds that this Land Use and Development Code Amendment is consistent with the goals, policies, and actions of the General Plan and will not conflict with the General Plan; and
WHEREAS, this Land Use and Development Code Amendment implements the General Plan's visions and desire for the community, is adopted in the public's interest, and is otherwise consistent with federal and state law; and WHEREAS, the City Council finds that this Land Use and Development Code Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
WHEREAS, the proposed actions are in compliance with the provisions of the California Environmental Quality Act (CEQA) because this project is categorically exempt from environmental review in accordance with Section 21084 of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and because the proposed action is not a project under Section 15378(b)(5) of the CEQA Guidelines. A Notice of Exemption is prepared and will be filed in accordance with the CEQA guidelines; and
WHEREAS, the City Council has considered the entirety of the record, which includes without limitation, The Calabasas General Plan; all reports, testimony, and transcripts from the Communications and Technology Commission's February 11, 2019 meeting; and reports, and testimony at the City Council's February 27, 2019 meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALABASAS DOES ORDAIN AS FOLLOWS:

SECTION 1. Based upon the foregoing the City Council finds:

1. Notice of the February 27, 2019 City Council public hearing was posted at Juan de Anza Bautista Park, the Calabasas Tennis and Swim Center, Agoura Hills/Calabasas Community Center, Gelson’s Market and at Calabasas City Hall.

2. Notice of the February 27, 2019 City Council public hearing was posted in the Acorn ten (10) days prior to the hearings.

3. Notice of the February 27, 2019 City Council public hearing included the information set forth in Government Code Section 65009, subdivision (b)(2).

Attachment 1
3 O2019-375

5. Following a public hearing held on February 11, 2019, the Communications and Technology Commission adopted Resolution No. 2019-043 recommending to the City Council approval of Ordinance No. 2019-375.

SECTION 2. In view of all the evidence and based on the foregoing findings, the City Council concludes as follows:

Section 17.76.050(B) and Section 17.12.050(I) of the Calabasas Municipal Code allows the Communications and Technology Commission to recommend and the City Council to approve a Development Code change relating to wireless communication facilities provided that the following findings are made:

1. The proposed amendment is consistent with the goals, policies, and actions of the General Plan;
The proposed amendment meets this finding because it maintains and strengthens the policies of the General Plan, including those in the Services, Infrastructure & Technology Element that are intended to encourage the development and maintenance of fast and secure communications networks in order to allow residents to take advantage of the benefits of personal wireless services. Specifically, the proposed amendment will encourage access to fast and secure broadband networks, as called for by Policy XII-35, by ensuring that the City’s wireless facility ordinance complies with applicable federal law. The Federal Communications Commission (FCC) recently adopted regulations implementing Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub.L No. 112-96, 126 Stat. 156, codified at 47 U.S.C. § 1455) which provides that the City “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 dimensions of such tower or base station.” (47 U.S.C. § 1455, subd. (a)(1); 47 C.F.R. §§ 1.40001, et seq.) The FCC’s Declaratory Ruling and Report and Order (FCC 18-133) adopting 47 C.F.R. section 1.6001 et seq. also implements the Telecommunications Act of 1996, intended to preempt state and local legal requirements that act as a barrier to entry in the provision of interstate and intrastate telecommunication services. The proposed amendment complies with this federal law, which requires a streamlined review process for, and limits the City’s power to deny, new small wireless facilities and certain proposed modifications of existing small wireless facilities, while preserving to the maximum extent possible the City’s procedural and substantive requirements for modifications to existing small wireless facilities.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;
Attachment 1
4 O2019-375
The proposed amendment is not detrimental to the public interest, health, safety, convenience, or welfare of the City as the proposed amendment does not modify either the radio frequency emissions standards applicable to personal wireless telecommunications facilities, which are set by the Federal Communications Commission, or the health and safety requirements of Title 15 of the Calabasas Municipal Code. The proposed amendment complies with federal law by creating a streamlined review process and specifying required findings for approval of certain federally protected proposed small cell sites. The proposed amendment does not change any health or safety standard and does not permit approval of any modifications to existing wireless telecommunications facilities that violate the health and safety requirements of Title 15 of the Calabasas Municipal Code or any other applicable law.

3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

The Council finds that the proposed amendment is exempt from CEQA review because there is no possibility that this amendment, which does not directly authorize any new construction or development, may have a significant effect upon the environment. Under CEQA Guidelines Section 15061(b)(3), a project is exempt when there is no possibility that it may have a significant effect on the environment. The proposed amendment does not authorize any new construction or development; rather it modifies the City’s existing standards for reviewing and approval proposed modifications to small wireless facilities to comply with federal law. Further, every proposed small wireless facility governed by the proposed amendment will receive individualized CEQA review unless otherwise exempt under CEQA. Accordingly, the Council finds that the proposed amendment is exempt from CEQA under Guidelines Section 15061(b)(3) because there is no possibility that that it will have a significant effect on the environment.

Additionally, the Council finds that the proposed amendment, adopting provisions necessary to comply with Declaratory Ruling and Report and Order (FCC 18-133) (47 C.F.R. section 1.6001 et seq.), does not qualify as a "project" under CEQA Guidelines Section 15378(b)(5). Section 6409(a) requires that State and local governments "may not deny, and shall approve" any "eligible facilities request" for collocation or modification of wireless transmission equipment so long as it does not "substantially change the physical dimensions of the existing wireless tower or base station." Under CEQA Guidelines Section 15378(b)(5), a "project" does not include "administrative activities of governments that will not result in direct or indirect physical changes in the environment." The proposed amendment is an administrative activity because it creates an administrative process to determine whether federal law mandates that the City approve an application for a modification to an existing wireless Attachment 1
5 O2019-375
telecommunications facility. The proposed amendment will not "result in direct or indirect physical changes in the environment" because federal regulations deem all applications for the modification of existing wireless towers and base stations granted so long as such modification does not substantially change the physical dimensions of the wireless tower or base station. Any physical changes in the environment will therefore occur whether the City adopts the regulations or not. Accordingly, the Council finds that the regulations related to Section 6409(a) in the proposed amendment do not qualify as a "project" under CEQA Guidelines Section 15378(b)(5) because it constitutes administrative activities of government that do not directly or indirectly result in any physical changes in the environment. A Notice of Exemption has been prepared.

4. The proposed amendment is internally consistent with other applicable provisions of this development code.

The proposed amendment complies with federal law by creating a streamlined review process and specifying required findings for approval of certain federally protected proposed small cell wireless sites and modifications to existing wireless telecommunications facilities. The proposed amendment also clarifies which proposed modifications to existing wireless telecommunications facilities must be approved by a wireless facility permit and which must be approved by the new, streamlined wireless facility minor modification permit. The new requirements for certain federally protected proposed modifications to existing wireless telecommunication facilities fit within the context of the wireless facility ordinance and do not conflict with any other provision of the Development Code, therefore, the proposed amendment meets this finding.

SECTION 3. Code Amendment. Calabasas Municipal Code Section 17.12.050, subsection (C) is hereby amended to read as follows. Additions are denoted by underlined text and deletions are denoted by struck-through text.

C. Standards for all personal wireless telecommunication facilities. All personal wireless telecommunication facilities, including a small wireless facility, shall comply with the following requirements:

1. Permit Requirements. No new personal wireless telecommunication facility shall be installed until the applicant or operator has obtained: (i) a wireless facility permit or small wireless facility permit (as specified in Section

17.12.050(G)), (ii) an encroachment permit from the public works department (if applicable), and (iii) any other permit required by applicable provisions of this code including a building permit, an electrical permit, or an oak tree permit. All modifications to an existing personal wireless telecommunications facility that do not meet the findings of approval Attachment 1
6 O2019-375
required for a wireless facility minor modification permit as specified in Section 17.12.050(F) or a small wireless facility permit as specified in Section 17.12.050(G), shall be subject to the approval of (i) a wireless facility permit, in addition to (ii) an encroachment permit from the public works department (if applicable), and (iii) any other permit required by applicable provisions of this code including a building permit, an electrical permit, or an oak tree permit. Applications for wireless facility permits shall be first reviewed by the development review committee. All applications for wireless facility permits will be scheduled for a public hearing before the commission in accordance with Section 17.12.050(L) and Chapter 17.78 of this code. The commission shall determine if a proposed project for which a wireless facility permit is required is the least intrusive means to close a significant gap in the applicant's service coverage. All modifications to an existing personal wireless facility that meet the conditions of approval required for a wireless facility minor modification permit as specified in Section 17.12.050(F) shall be subject to the approval of (i) a wireless facility minor modification permit, in addition to (ii) an encroachment permit from the public works department (if applicable), and (iii) any other permit required by applicable provisions of this code including a building permit, an electrical permit, or an oak tree permit.

2. Wireless Facility Permit Application Content. Applications for the approval of wireless facility permits for personal wireless telecommunication facilities shall include, but are not necessarily limited to, an application fee and the following information, in addition to all other information required by the city for a wireless facility permit application pursuant to Chapter 17.60 of this title:
a. Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the location requirements of Section 17.12.050(C)(3); and
b. Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the commission in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section; and
c. For new facilities, the plans shall include (in plan view and elevations) a scaled depiction of the maximum permitted increase as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act, using the proposed project as a baseline; and
d. A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator intended to serve the city. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants may not file, and the Attachment 1
7 O2019-375
city shall not accept, applications that are not consistent with the master plan for a period of two years from approval of a wireless facility permit unless: (i) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a personal wireless telecommunication facility site not shown on a master plan submitted to the city within the prior two years or (ii) the applicant establishes before the commission that a new personal wireless telecommunication facility is necessary to close a significant gap in the applicant's personal communication service, and the proposed new installation is the least intrusive means to do so; and e. A siting analysis which identifies a minimum of five other feasible locations within or without the city which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The alternative site analysis shall include at least one collocation site; and f. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power"; and
g. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application; and
h. A noise study, prepared by a qualified engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators; and
i. A written statement of the applicant's willingness to allow other carriers to collocate on the proposed personal wireless telecommunication facility wherever technically and economically feasible and aesthetically desirable; and
j. Such other information as the director shall establish from time to time pursuant to the Permit Streamlining Act, Government Code Section 65940, or to respond to changes in law or technology.

Attachment 1
8 O2019-375
k. An application for a personal wireless telecommunication facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code Section 7901 shall be accompanied by evidence satisfactory to the director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation.

3. New Wireless Facility Permit Preferred Zones and Locations. When doing so would not conflict with one of the standards set forth in this subsection (C) or with federal law, personal wireless telecommunication facilities subject to the approval of a wireless facility permit or small wireless facility permit shall be located in the most appropriate location as described in this subsection (3), which range from the most appropriate to the least appropriate. Nothing in this section shall detract from the requirements of Section

17.12.050(C)(4)(a) below.
i. Collocation on an existing facility in a commercial zone; ii. Collocation on an existing structure or utility pole in a commercial zone; iii. Location on a new structure in a commercial zone;
iv. Collocation on an existing facility in a public facility or recreation zone; v. Location on an existing structure or utility pole in a public facility or recreation zone;
vi. Location on a new structure in a public facility or recreation zone.

No new facility may be placed in a less appropriate area unless the applicant demonstrates to the satisfaction of the commission or director that no more appropriate location can feasibly serve the area the facility is intended to serve provided, however, that the commission or director may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

4. Design and Development Standards. Personal wireless telecommunication facilities, including small wireless facilities, shall be designed and maintained as follows:
a. All new personal wireless telecommunication facilities that do not meet the findings of approval for a small wireless facility permit as specified in Section 17.12.050(G), shall be set back at least one thousand (1,000) feet from schools, dwelling units and parks, as measured from the closest point of the personal wireless telecommunication facility (including accessory equipment) to the applicable property line, unless an applicant establishes that a lesser setback is necessary to close a significant gap in the applicant's personal communication service, and the proposed personal wireless telecommunication facility is the least Attachment 1
9 O2019-375
intrusive means to do so. An applicant who seeks to increase the height of an existing personal wireless telecommunication facility, or of its antennas, located less than one thousand (1,000) feet from a school, dwelling unit or park and who is subject to the approval of a wireless facility permit for the proposed height increase must establish that such increase is necessary to close a significant gap in the applicant's personal communication service, and the proposed increase is the least intrusive means to do so.
b. Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.
c. Unless otherwise prohibited by state or federal law, all equipment not located on a roof shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.
d. The facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or expressly permitted by the city.
e. At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limit established in Section

17.20.160 of this title at the facility's property line; provided, however, that for any such facility located within five hundred (500) feet of any property zoned open space or residential, or improved with a residential use, such equipment noise shall at no time be audible at the property line of any open space or residentially zoned, or residentially improved property.
f. If the majority of radio frequency coverage from the proposed facility is outside the city limits, the applicant must, in addition to the other requirements of this section, prove that the applicant is unable to locate the proposed new facility within the locale or locales that will receive the majority of the coverage from the proposed personal wireless telecommunications facility, and that no other feasible location for the facility exists outside of the city limits. That an applicant for a wireless facility permit in the city has been denied a wireless facility, antenna, or wireless coverage in another jurisdiction shall not be considered evidence or proof that the applicant is unable to locate in another jurisdiction.

5. Independent Expert Review. The city shall retain one or more independent, qualified consultants to review any application for a wireless facility permit for a personal wireless telecommunication facility, for a wireless facility minor modification permit, or for a small wireless facility permit. The review is intended to be a review of technical aspects of the proposed wireless telecommunication facility or modification of an existing wireless Attachment 1
10 O2019-375
telecommunication facility and shall address any or all of the following, as applicable:
a. For wireless facility permits, whether the proposed wireless telecommunication facility is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
b. The accuracy and completeness of submissions;
c. For wireless facility permits, technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
d. The applicability of analysis techniques and methodologies; e. For wireless facility permits, the viability of alternative sites and alternative designs; and
f. For wireless facility permits, an analysis of the potential expansion that would be considered an eligible facility request under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012; and g. Any other specific technical issues designated by the city.

The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, as established by the director or City Council.

6. Conditions of Approval. All facilities subject to a wireless facility permit approved under this section shall be subject to the following conditions, as applicable:
a. Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signage, or as expressly authorized by the city.
b. Abandonment:
1) Personal wireless telecommunication facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than ninety (90) days after the discontinuation of use. Disuse for ninety (90) days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this code or any predecessor to this code.
2) The director shall send a written notice of the determination of non-operation to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten (10) days of the date of the notice. Any such hearing shall be conducted Attachment 1
11 O2019-375
pursuant to Chapter 17.74 of this title, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility.
3) The operator of a facility shall notify the city in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.
4) All facilities not removed within the required ninety-day period shall be in violation of this code. In the event the city removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs.
c. The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the city and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys' fees), or damages arising from the city's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.
d. Removal of Unsafe Facilities. If, at any time after ten (10) years of the issuance of a building permit or encroachment permit, or any shorter period permitted by Government Code Section 65964(b), any personal wireless telecommunication facility becomes incompatible with public health, safety or welfare, the applicant or operator of the facility shall, upon notice from the city and at the applicant's or operator's own expense, remove that facility. Written notice of a determination pursuant to this paragraph shall be sent to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten (10) days of the date of the notice. Any such hearing shall be conducted pursuant to Chapter 17.74 of this title, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility.

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e. The owner or operator of any personal wireless telecommunication facility approved by a wireless facility permit under this subsection C of this Section 17.12.050 shall cooperate with the director to: (1) verify that the facility design conforms with relevant building and safety requirements; and (2) verify that the facility complies with the requirements of Section 17.12.050 of the Calabasas Municipal Code. f. Prior to the issuance of a building permit or encroachment permit, the applicant or owner/operator of the facility shall pay for and provide a performance bond, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant's or owner/operator of the facility's obligation under the conditions of approval and the City of Calabasas Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the director on a case-specific basis and in an amount reasonably related to the obligations required under this code and all conditions of approval, and shall be specified in the conditions of approval.)
g. An applicant shall not transfer a permit to any person or entity prior to completion of construction of a personal wireless telecommunication facility.
h. The applicant shall submit as-built photographs of the facility within ninety (90) days of installation of the facility, detailing the installed equipment.
i. A personal wireless telecommunication facility approved by a wireless facility permit may operate only until the tenth anniversary of the date it is first placed into service, unless that sunset date is extended by additional term(s) not to exceed ten (10) years pursuant to a wireless facility permit issued under this Section 17.12.050. There is no limit to the number of times the sunset date for a facility may be extended.

7. Wireless Facility Permit Findings. In addition to the findings required in Section 17.62.060 of this code, no wireless facility permit for a proposed personal wireless telecommunication facility may be approved unless the commission or council finds as follows:
a. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. Such evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility.
b. The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator's service coverage which alternative site is a more appropriate Attachment 1
13 O2019-375
location for the facility under the standards of Section 17.12.050 of the Calabasas Municipal Code.
c. The facility satisfies the location requirements of Section

17.12.050(C)(3) of the Calabasas Municipal Code.

8. Violations. The city may revoke a wireless facility permit for any personal wireless telecommunication facility in violation of this section in accordance with Section 17.80.070 of this code. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

SECTION 4. Code Amendment. Calabasas Municipal Code Section 17.12.050, subsection (D) is hereby amended to read as follows. Additions are denoted by underlined text and deletions are denoted by struck-through text.

D. Standards for Personal Wireless Telecommunication Facilities Not Located Within a Public Right-of-Way. In addition to the requirements in section (C) above, all personal wireless telecommunication facilities subject to the approval of a wireless facility permit or small wireless facility permit, and not located within a public right-of-way, shall comply with the following requirements:

1. Location Requirements. To minimize aesthetic and visual impacts on the community, personal wireless telecommunication facilities shall be located according to the following standards:
a. General Requirements.
i. A freestanding telecommunications tower or monopole shall be set back a distance of at least one hundred fifty (150) percent of the height of the tower from the nearest property line of any residentially zoned or occupied lot.
b. Restricted Locations. Personal wireless telecommunication facilities located in any of the following locations must be designed as a stealth facility:
i. Within any nonresidential zone on a site that contains a legally established residential use; and
ii. Within the Old Town overlay zone; and
iii. On any property that is designated historic by the city council; and
iv. Within the area subject to the Calabasas Park Centre Master Plan; and
v. Within a scenic corridor designated by the city; and vi. Within a historic district designated by the city.; and Attachment 1
14 O2019-375
vii. Within HOA-owned property in any zone.
c. Prohibited Locations. No personal wireless telecommunication facility shall be established on any ridgeline or within any residential or open space zoning district described in subparagraphs (i), (ii) and (iii) herein. i. Ridgelines. No personal wireless telecommunication facility shall be placed on or near a ridgeline.
ii. Residential Zones. No facility shall be located within a residential zone, including areas set aside for open space, parks or playgrounds.
iii. Open Space. No facility shall be located within an open space zone or park.

Any wireless telecommunication facility proposed for a site within any open space zone shall not be deemed a "public utility" as that term is otherwise defined and understood in the Calabasas Municipal Code regarding development in such open space zones.
d. Guidelines for Placement on Structures. Antennas shall be mounted on structures utilizing the methods described below. If an antenna cannot be mounted as set forth in subsection (i), it may be mounted in accordance with subsection (ii). If an antenna cannot be mounted as set forth in either subsection (i) or (ii), it may be mounted in accordance with subsection (iii):
i. A stealth facility mounted on an existing structure or collocated on an existing tower;
ii. A stealth facility mounted on an existing steel or concrete pole, including a light standard; or
iii. A stealth facility mounted on a new steel, wood or concrete pole.

2. Design and Development Standards. Personal wireless telecommunication facilities shall be designed and maintained as follows:
a. Building-mounted facilities shall be designed and constructed to be fully screened in a manner that is compatible in color, texture and type of material with the architecture of the building on which the facility is mounted.
b. All accessory equipment associated with the operation of a personal wireless telecommunication facility shall be located within a building enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

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3. City Council Approval Required. Notwithstanding Section

17.12.050(D)(1)(c), personal wireless telecommunication facilities subject to the approval of a wireless facility permit may be permitted in a prohibited location only if the applicant obtains a wireless facility permit from the city council following a public hearing and recommendation from the communication and technology commission, and provides technically sufficient and conclusive proof that the proposed location is necessary for provision of wireless services to substantial areas of the city, that it is necessary to close a significant gap in the operator's coverage and that there are no less intrusive alternative means to close that significant gap.

SECTION 5. Code Amendment. Calabasas Municipal Code Section 17.12.050, subsection (E) is hereby added to read as follows. Additions are denoted by underlined text and deletions are denoted by struck-through text.

E. Standards for Personal Wireless Telecommunication Facilities Located Within Public Rights-of-Way. In addition to the requirements in section (C) above, all personal wireless telecommunication facilities subject to the approval of a wireless facility permit or small wireless facility permit, and located within public rights-of-way, shall comply with the following requirements to the fullest extent permitted by state and federal law:

1. Construction. These standards are intended to exert the maximum authority available to the city in the regulation of personal wireless telecommunication facilities under applicable state and federal law but not to exceed that authority. Accordingly, this section shall be construed and applied in light of any such limits on the city's authority. The purpose of this subsection (E) is to regulate personal wireless telecommunications facilities proposed for sites within public rights-of-way consistently with the rights conferred on telephone corporations by Public Utilities Code §§ 7901 and 7901.1 and to address the aesthetic and safety concerns unique to such proposals due to their highly visible location in rights-of-way that must be safely shared with pedestrians, motorists and other utility infrastructure.

2. Application Content. Applications for the approval of personal wireless telecommunication facilities within the public right-of-way shall include the following information, in addition to all other information required by subsection (C)(2) above:
a. The applicant shall provide certification that the facility is for the use of a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

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3. Guidelines. All personal wireless telecommunication facilities, including small wireless facilities as specified in Section 17.12.050(G), located within a public right-of-way shall be designed as follows:
a. Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the commission.
b. Facilities located within a designated scenic corridor or historic districts shall be stealth facilities, with all equipment, excluding required electrical meter cabinets, located underground or pole-mounted. Required electrical meter cabinets shall be screened as approved by the commission. c. Personal wireless telecommunication facilities not located within a scenic corridor or historic district designated by the city shall be designed to place all equipment underground, excluding required electrical meters.

However, if such facilities cannot be placed underground, groundmounted equipment may be installed up to a height of five feet and to a footprint of fifteen (15) square feet.
d. Pole-mounted equipment shall not exceed six cubic feet. e. Pole-mounted antennas shall adhere to the following guidelines:
i. If an antenna cannot be mounted as set forth in subsection (a), it may be mounted in accordance with subsection (b). If an antenna cannot be mounted as set forth in either subsection (a) or (b), it may be mounted in accordance with subsection (c):
(a) A stealth facility mounted on an existing, collocated monopole or tower;
(b) A stealth facility mounted on an existing steel or concrete pole, including a light standard; or
(c) A stealth facility mounted on a new steel, wood or concrete pole but only if an operator shows that it cannot otherwise close a significant gap in its service coverage, and that the proposal is the least intrusive means of doing so.
ii. All installations shall be engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of an additional antenna installation on a pole with existing antennae. iii. The maximum height of any antenna shall not exceed twenty-four (24) inches above the height of a pole or tower other than a streetlight pole, nor six feet above the height of a streetlight pole, nor shall any portion of the antenna or equipment mounted on a pole be less than sixteen (16) feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95 as it now exists or may hereafter be amended.
iv. A freestanding telecommunications tower or monopole shall be set back a distance of at least one hundred fifty (150) percent of the height of the tower to the nearest structure designed for occupancy.

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v. No antenna associated with a small wireless facility as specified in Section 17.12.050(G) shall exceed three (3) cubic feet in volume including all physically-integrated mounting apparatus attached thereto, including without limitation to connectors, mounting brackets, antenna element aiming equipment, etcand other antenna equipment.
f. Equipment shall be located so as not to cause: (i) any physical or visual obstruction to pedestrian or vehicular traffic, (ii) inconvenience to the public's use of a public right-of-way, or (iii) safety hazards to pedestrians and motorists. In no case shall ground-mounted equipment, walls, or landscaping be less than eighteen (18) inches from the front of the curb. g. Facilities shall not be located within five hundred (500) feet of another wireless facility on the same side of a street.
h. No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act.

4. Findings. In addition to the findings required in subsection (C)(7) above, no proposed personal wireless telecommunication facility subject to the approval of a wireless facility permit or small wireless facility permit within a public right-of way may be approved unless the following findings are made:
a. The proposed facility has been designed to blend with the surrounding environment, with minimal visual impact on the public right-of-way. b. The proposed facility will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of vehicles and pedestrians.

5. Conditions of Approval. In addition to compliance with the guidelines outlined in paragraph (3) of this subsection and the conditions of approval listed in subsection (C)(6) above, all facilities approved under this subsection (E) shall be subject to the following conditions:
a. Any approved wireless communication facility within a public right-ofway shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the public works director to: (i) protect the public health, safety, and welfare; (ii) prevent interference with pedestrian and vehicular traffic; or (iii) prevent damage to a public right-of-way or any property adjacent to it. Before the director of public works imposes conditions, changes, or limitations pursuant to this paragraph, he or she shall notify the applicant or operator, in writing, by mail to the address set forth in the application or such other address as may be on file with the city. Such change, new limitation or condition shall be effective twenty-four (24) hours after deposit of the notice in the United States mail.
b. The applicant or operator of the personal wireless telecommunication facility shall not move, alter, temporarily relocate, change, or interfere with any existing public facility, structure or improvement without the Attachment 1
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prior written consent of the City, and the owner in the circumstance where the owner is not the City. No structure, improvement or facility owned by the city shall be moved to accommodate a personal wireless telecommunication facility unless: (i) the city determines, in its sole and absolute discretion, that such movement will not adversely affect the city or surrounding residents or businesses, and (ii) the applicant or operator pays all costs and expenses related to the relocation of the city's facilities. Every applicant or operator of any personal wireless telecommunication facility shall assume full liability for damage or injury caused to any property or person by his, her, or its facility. Before commencement of any work pursuant to an encroachment permit issued for any personal wireless telecommunication facility within a public rightof-way, an applicant shall provide the city with documentation establishing to the city's satisfaction that the applicant has the legal right to use or interfere with any other facilities within the public right-of-way to be affected by applicant's facilities.
c. Should any utility company offer electrical service to a wireless facility which service does not require the use of a meter cabinet, the applicant or operator of the facility shall at its cost remove the meter cabinet and any foundation thereof and restore the area to its prior condition.

SECTION 6. Code Amendment. Calabasas Municipal Code Section 17.12.050, subsection (G) is hereby added to read as follows. Additions are denoted by underlined text and deletions are denoted by struck-through text.

G. Requirements for Small Wireless Facility Permits. This subsection governs applications for small wireless facilities permits.

1. Purpose. Subsection (G) is intended to comply with the City’s obligations under 47 C.F.R. section 1.6001 et seq., which implements 47 U.S.C. sections 332(c)(7) and 1455. This subsection creates a process for the city to review an application for a small wireless facility permit submitted by an applicant who asserts that a proposed collocation of a small wireless facility using an existing structure or the deployment of a small wireless facility using a new structure, and the modifications of such small wireless facilities, is covered by federal law and to determine whether the city must approve the proposed collocation or deployment.

2. Applicability. An applicant seeking approval of a collocation to an existing structure or a deployment to a new structure which the applicant contends is within the protection of Title 47, United States Code, section 1455 shall apply for the following at the same time: (i) a small wireless facility permit, (ii) an encroachment permit from the public works department (if required by applicable provisions of this Attachment 1
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Code), and (iii) any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

3. Application Content: All applications for a small wireless facility permit must include the following items:
a. Application Forms. The city’s standard application form, available on the city’s website or from the community
development department, as may be amended by the
Community Development Director.
b. Application Fee. An application fee as established by the council by resolution under the authority of Section 17.60.040. c. Independent Consultant Deposit. An independent consultant fee deposit, if required by the council by resolution under the authority of Section 17.60.040, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application.
d. Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.
i. A site plan and elevation drawings for the facility as existing and as proposed with all height, depth, and
width measurements explicitly stated.
ii. A depiction, with height, depth, and width measurements explicitly stated, of all existing and proposed transmission equipment.
iii. A depiction of all existing and proposed utility runs and points of contact.
iv. 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.
v. All four (4) elevations that depict the physical dimensions of the wireless tower or support structure and all
transmission equipment, antennas and attachments.
vi. A demolition plan.
e. Visual Simulations. A visual analysis that includes (1) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four (4) angles, together with a map that shows the location of each view angle; (2) a color and finished material palate for proposed screening materials; and (3) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

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f. Statement Asserting that 47 C.F.R. section 1.6001 et seq.

Applies. A written statement asserting that the proposed collocation or deployment qualifies as a “small wireless facility” as defined by the FCC in 47 C.F.R. section 1.6002.
g. Prior Permits. True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, United States Code, section 1455 and the Federal Communications Commission’s regulation implementing this federal law.
h. Affirmation of Radio Frequency Standards Compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A” titled “Optional Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power.”
i. Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer that assesses whether the proposed small wireless facility complies with all applicable building codes.
j. Noise Study. A noise study, prepared by a qualified engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. The noise study shall assess compliance with Section 17.12.050(C)(4)(e).
k. Site Survey. For any small wireless facility proposed to be located within the public right-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer or surveyor. The survey shall identify and depict all existing boundaries, encroachments and other structures with 250 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private Attachment 1
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properties and property lines; (iii) above and below grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety
infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks, and other street furniture; and (viii) existing trees, oak trees, planters and other landscaping features. l. Other Permits. An application for a small wireless facility permit shall include all permit applications with all required application materials for each and every separate permit required by the city for the proposed collocation or deployment, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable).

4. Application Review. Each application for a new or modified small wireless facility permit shall be reviewed by the director. The city must approve or deny an application for a small wireless facility permit, together with any other city permits required for a proposed small wireless facility, within sixty (60) days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within ninety (90) days after the applicant submits an application to deploy a small wireless facility using a new structure.

Prior to the end of the appeal period, the director shall provide written notice to all property owners within 300 feet of the site of a proposed small wireless facility upon approval of an application for a small wireless facility permit.

Applicants may submit up to five individual applications for a small wireless facility permit in a batch; provided, however, that small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each application in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire batch shall be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied.

5. Tolling Period. Unless a written agreement between the applicant and the city provides otherwise, the application is tolled when the city notifies the applicant within ten (10) days of the applicant’s submission of the application that the application is materially Attachment 1
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incomplete and identifies the missing documents or information. The shot clock may again be tolled if the city provides notice within ten (10) days of the application’s resubmittal that it is materially incomplete and identifies the missing documents or information. For an application to deploy small wireless facilities, if the city notifies the applicant on or before the tenth (10th) day after submission that the application is materially incomplete, and identifies the missing documents or information and the rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation will restart at zero on the date the applicant submits a completed application.

6. Standards Governing Approval by Director
a. The director shall approve or deny an application to collocate a small wireless facility using an existing structure by evaluating the following standards:
i. The existing structure was constructed and maintained with all necessary permits in good standing.
ii. The existing structure is fifty (50) feet or less in height, including any antennas, or the existing structure is no more than ten (10) percent taller than other adjacent
structures.
iii. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three
cubic feet in volume.
iv. All other wireless equipment associated with the
structure, including the wireless equipment associated
with the antenna and any pre-existing associated
equipment serving the facility, is no more than 28 cubic feet in volume.
v. The small wireless facilities do not extend the existing structure on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent,
whichever is greater.
vi. The small wireless facility does not require an antenna structure registration under part 47 C.F.R. section 17.1 et seq.
vii. The small wireless facility is not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x).
viii. The proposed collocation is consistent with the wireless facility permit preferred zones and locations requirement of section 17.12.050(C)(3).
ix. The proposed collocation is consistent with the design and development standards of sub-section
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17.12.050(C)(4), except that sub-sections

17.12.050(C)(4)(a) & (f) do not apply.
x. The proposed collocation is consistent with the
independent expert review provisions of sub-section

17.12.050(C)(5).
xi. The proposed collocation is consistent with the
conditions of approval provisions of sub-section

17.12.050(C)(6).
xii. For collocations not located within the public right-ofway, the proposed collocation shall be consistent with the standards of sub-section 17.12.050(D).
xiii. For collocation located within the public right-of-way, the proposed collocation shall be consistent with subsection

17.12.050(E), except that sub-sections

17.12.050(E)(3)(e)(i.)(c) and 17.12.050(E)(3)(g) do not apply.
xiv. The proposed collocation would be in the most preferred location and configuration within 250 feet from the
proposed site in any direction or the applicant has
demonstrated with clear and convincing evidence in the
written record that any more-preferred location or
configuration within 250 feet would be technically
infeasible, applying the preference standards of this
section.
xv. The proposed collocation is designed as a stealth facility, to the maximum feasible extent.
b. The director may approve an application for a small wireless facility permit only if each of the following findings can be made:
i. The proposed project meets the definition for a “small wireless facility” as defined by the FCC;
ii. The proposed project would be in the most preferred location as identified in Section 17.12.050(C)(3), within 250 feet from the proposed site in any direction, or the applicant has demonstrated with clear and convincing
evidence that any more preferred location(s) within 250 feet would be technically infeasible;
iii. The proposed project complies with the standards for a small wireless facility as specified in Section

17.12.050(G)(6)
iv. For proposed project not located within the public rightof-way, the proposed project complies with sub-section

17.12.050(D)
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24 O2019-375
v. For proposed projects located within the public right-ofway, the proposed project complies with subsection

17.12.050(E), except that sub-sections

17.12.050(E)(3)(e)(i.)(c) and 17.12.050(E)(3)(g), does
not apply.
vi. The proposed collocation is designed as a stealth facility, to the maximum feasible extent.

7. Conditions of Approval for Small Wireless Facility Permits. In addition to any other conditions of approval permitted under federal and state law and this Code that the director deems appropriate or required under this Code, all small wireless facility permits under this subsection shall include the following conditions of approval:
a. No Automatic Renewal. The grant or approval of a small wireless facility permit shall not renew or extend the underlying permit term.
b. Compliance with Previous Approvals. The grant or approval of a small wireless facility permit shall be subject to the conditions of approval of the underlying permit.
c. As-Built Plans. The applicant shall submit to the director an asbuilt set of plans and photographs depicting the entire small wireless facility as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.
d. Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the small wireless facility permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

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25 O2019-375
e. Compliance with applicable laws. The applicant shall comply with all applicable provisions of this Code, any permit issued under this Code, and all other applicable federal, state, and local laws. Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations.
f. Compliance with approved plans. The proposed project shall be built in compliance with the approved plans on file with the Planning Division.
g. Violations. The small wireless facility shall be developed, maintained, and operated in full compliance with the conditions of the small wireless facility permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this Code, the conditions of approval for the small wireless facility permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
h. In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, United States Code, section 1455, such that such statute would not mandate approval for the collocation or deployment granted or deemed granted under a small wireless facility permit, such permit shall automatically expire twelve (12) months from the date of that opinion. i. The grant, deemed-grant or acceptance of a small wireless facility permit shall not waive and shall not be construed or deemed to waive the City’s standing in a court of competent jurisdiction to challenge Title 47, United States Code, section 1455 or any small wireless facility permit issued pursuant to Title 47, United States Code, section 1455 or this code.

8. Small Wireless Facility Permit Denial Without Prejudice a. Grounds for denial without prejudice. The Director may deny without prejudice an application for a small wireless facility permit in any of the following circumstances:
i. The Director cannot make all findings required for
approval of a small wireless facility permit;
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26 O2019-375
ii. The proposed collocation or deployment would cause the violation of an objective, generally applicable law
protecting public health or safety;
iii. the proposed collocation or deployment involves the removal and replacement of an existing facility’s entire supporting structure; or
iv. the proposed collocation or deployment does not qualify for mandatory approval under Title 47, United States
Code, section 1455, as may be amended or superseded,
and as may be interpreted by any order of the Federal
Communications Commission or any court of competent
jurisdiction.
b. Procedures for denial without prejudice. All small wireless facility permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the City denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.
c. Submittal after denial without prejudice. After the director denies a small wireless facility permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:
i. submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment;
ii. submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment; or
iii. submit an appeal of the Director’s decision.
d. Costs to review a denied permit. The City shall be entitled to recover the reasonable costs for its review of any small wireless facility permit application. In the event that the director denies a small wireless facility permit application, the City shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a small wireless facility permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

SECTION 7. Code Amendment. The existing Calabasas Municipal Code Section 17.12.050, subsection (G) is hereby renumbered to be Section 17.12.050, subsection (H).

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27 O2019-375
SECTION 8. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (H) is hereby renumbered to be Section 17.12.050, subsection (I).

SECTION 9. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (I) is hereby renumbered to be Section 17.12.050, subsection (J).

SECTION 10. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (J) is hereby renumbered to be Section 17.12.050, subsection (K).

SECTION 11. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (K) is hereby renumbered to be Section 17.12.050, subsection (L).

SECTION 12. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (L) is hereby renumbered to be Section 17.12.050, subsection (M).

SECTION 13. Code Amendment. The existing Calabasas Municipal Code Section

17.12.050, subsection (M) is hereby renumbered to be Section 17.12.050, subsection (N) and is hereby amended to read as follows:

N. Definitions. In addition to the definitions provided in Chapter 17.90 of this title and in Chapter 1.08 of Title 1 of this Code, this Section 17.12.050 shall be construed in light of the following definitions:
"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless telecommunication facility.
"Antenna structure" means any antenna, any structure designed specifically to support an antenna and/or any appurtenances mounted on such a structure or antenna.
"Applicable law" means all applicable federal, state and local law, ordinances, codes, rules, regulations and orders, as the same may be amended from time to time. "Applicant" includes any person or entity submitting an application to install a personal wireless telecommunication facility under this section and the persons within the scope of the term "applicant" as defined by Section 17.90.020 of this code.
“Base station” means the equipment and non-tower supporting structure at a fixed location that enables Federal Communications Commission licensed or Attachment 1
28 O2019-375
authorized wireless telecommunications between user equipment and a communications network.
"City" means the City of Calabasas and is further defined in Section 1.08.020 of this code.
“Collocation” means the mounting or installation of additional wireless transmission equipment at an existing wireless facility. "Commission" has the meaning set forth in paragraph (I) of this section. "dBA" is defined in Chapter 17.90 of this title.
“Director” means the City of Calabasas Community Development Director or his or her designee.
"FCC" means the Federal Communications Commission or any successor to that agency.
"In-kind call testing" means testing designed to measure the gap in coverage asserted by an applicant. If a claimed gap is for in-building coverage, then in-building call testing must be performed to establish the existence or absence of such a gap unless the applicant provides a sworn affidavit demonstrating good faith but unsuccessful attempts to secure access to buildings to conduct such testing and the circumstances that prevented the applicant from conducting such testing. Claimed gaps in service for "in-vehicle" or "open-air" service may be demonstrated by call testing performed in vehicles or in the open.
"Least intrusive means" means that the location or design of a personal wireless telecommunication facility addresses a significant gap in an applicant's personal communication service while doing the least disservice to the policy objectives of this chapter as stated in Section 17.12.050(A). Analysis of whether a proposal constitutes the least intrusive means shall include consideration of means to close an asserted significant gap by co-locating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.
"Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, and similar monopoles camouflaged to resemble faux objects attached on a monopole.
"MPE" means maximum permissible exposure.
“Non-tower supporting structure” means any structure, whether built for wireless communications purposes or not, that supports wireless transmission equipment under a valid permit at the time an applicant submits an application for a permit under this Code and which is not a wireless tower.
"OET" or "FCC OET" means the Office of Engineering & Technology of the Federal Communications Commission.
"Open space" includes (1) land which is zoned OS, OS-DR, or REC, (2) land in residential zones upon which structures may not be developed by virtue of a restriction on title, (3) all common areas, private parks, slope easements, and (4) any other area owned by a homeowners association or similar entity. "Park" and "playground" shall have their ordinary, dictionary meanings.

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29 O2019-375
"Personal communication service" means commercial mobile services provided under a license issued by the FCC.
"Personal wireless telecommunication facility," "wireless telecommunication facility," or "wireless facility" means a structure, antenna, pole, tower, equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images or other information, including but not limited to cellular phone service, personal communication service and paging service.
"Private enforcer" has the meaning provided in subsection (K)(2) of this Section

17.12.050.
"Residential zone" means a zone created by Chapter 17.13 of this title. "RF" means radio frequency.
"Significant gap" as applied to an applicant's personal communication service or the coverage of its personal wireless telecommunication facilities is intended to be defined in this chapter consistently with the use of that term in the Telecommunications Act of 1996 and case law construing that statute. Provided that neither the Act nor case law construing it requires otherwise, the following guidelines shall be used to identify such a significant gap:

1. A significant gap may be demonstrated by in-kind call testing.

2. The commission shall accept evidence of call testing by the applicant and any other interested person and shall not give greater weight to such evidence based on the identity of the person who provides it but shall consider (i) the number of calls conducted in the call test, (ii) whether the calls were taken on multiple days, at various times, and under differing weather and vehicular traffic conditions, and (iii) whether calls could be successfully initiated, received and maintained in the area within which a significant gap is claimed.

3. A significant gap may be measured by:
a. The number of people affected by the asserted gap in service; b. Whether a wireless communication facility is needed to merely improve weak signals or to fill a complete void in coverage;
c. Whether the asserted gap affects Highway 101, a state highway, or an arterial street which carries significant amounts of traffic. “Small wireless facility” means a personal wireless telecommunication facility that also meets the definition of a small wireless facility by the FCC in 47 C.F.R.

Section 1.6002, as may be amended or superseded.
"Stealth facility" means any personal wireless telecommunication facility which is designed to substantially blend into the surrounding environment by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure; and related above-ground accessory equipment. “Transmission equipment” or “wireless transmission equipment” means any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including but not limited to, Attachment 1
30 O2019-375
radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supplies.
“Wireless” means any Federal Communications Commission licensed or authorized wireless telecommunications service.
"Wireless facility minor modification permit" means a permit issued under this chapter authorizing the modification of an existing personal wireless telecommunications facility. The procedures for the application for, approval of, and revocation of such a permit shall be those required by this title, including but not limited to Section 17.12.050(F).
"Wireless facility permit" means a permit issued under this chapter authorizing the installation, operation and maintenance of a personal wireless telecommunications facility. Except as otherwise provided by this chapter, the procedures for the application for, approval of, and revocation of such a permit shall be those required by this title (including, but not limited to, those of Section

17.62.060) for a conditional use permit.
“Wireless tower” or "Telecommunications tower" mean any structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission licensed or authorized wireless telecommunications facility antennas and their associated facilities.

SECTION 14. Severability Clause:

Should any section, clause, or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid.

SECTION 15. Effective Date:

This Ordinance shall take effect thirty days from passage and adoption under California Government Code Section 36937.

SECTION 16. Certification:

The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted according to law.

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31 O2019-375
PASSED, APPROVED AND ADOPTED this 13th day of March, 2019. ___________________________________
David Shapiro, Mayor
ATTEST:
_________________________________
Maricela Hernandez, MMC
City Clerk

APPROVED AS TO FORM:

_______________________________
Scott H. Howard
Colantuono, Highsmith & Whatley, PC
City Attorney
Attachment 1

Carmel-by-the-Sea City CouncilJanuary 4, 2022

Carmel-by-the-Sea City Council
January 4, 2022