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31 RESOLUTION NO. 2022-R ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA REVISING DESIGN AND
DEVELOPMENT STANDARDS FOR WIRELESS
FACILITIES IN THE PUBLIC RIGHTS -OF-WAY,
PURSUANT TO CULVER CITY MUNI CIPAL CODE
SECTION 11.20.065.E.4, AND FINDING SUCH
AMENDMENTS TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (b)(3)
WHEREAS, Culver City Municipal Code (CCMC) Section 11.20.065 contains the rules regarding the placement of wireless facilities in the public rights-of-way; and WHEREAS, pursuant to CCMC Section 11.20.065.E.4, the City Council may establish standards applicable to wireless facilities to be place d in the public rights -of-way; and
WHEREAS, on August 26, 2019, the City Council approved Resolution No. 2019-R066, adopting the current Design and Development Standards for Wireless Facilities in the Public Rights-of-Way (“Design Standards”); and
WHEREAS, the City Council wishes to rev ise the current Design Standards; and
WHEREAS, on February 28, 2022, the City Council conducted a duly noticed public meeting and received testimony from City staff and all interested parties regarding the proposed revisions to the current Design Standards; and WHERAS, in accor dance with the California Environmental Quality Act (CEQA), the City Council determined the amendments to the Design Standards are exempt from CEQA, as set forth in this Resolution; and
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31 WHEREAS, all legal prerequisites to the adoption of t he R esolution have occurred.
NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows:
1. The City Council does here by establish, pursuant to CCMC Section
11.20.065.E.4, the revised Design Standards contained in Exhibit A, attached hereto and incorporated by reference as though fully set forth herein.
2. CEQA Exe mption. Pursuant to the foregoing recitations, the City Council finds the amendments to the Design Standards are exemp t fr om the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certain ty there is no possibility the adoption of the Design Standards will have a significant effect on the env ironment. The adoption of the Design Standards, by itself, does not res ult in any direct physical changes in the environment, as it only establishes standards and other conditions that m ay be applied to a subsequent project.
Once an application is filed, that application will be subject to further environmental review.
It is likely, however, that any applicable wireless facility installation would also be exempt from CEQA in accordance with State CEQA Guidelines Sections 15302 (replacemen t or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land).
3. Effective Date. This Resolution shall become effective upon adoption. a. Applications submitted after Effective Date. Any wirel ess fa cility application received by the City after the Effective Date shall be subject to the Design Standards contained in Exhibit A of this Resolution.
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EXHIBIT A
DESIGN AND DEVELOPMENT STANDARDS FOR
WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
The following Design and Development Standards are subject to change at any time at the sole discretion of the City of Culver City (City)
Chapter 11.20.065.D.1 of the Culver City Municipal Code (CCMC) governs the permitting, installation, and regulation of personal wireless services facilities in t he City’s public r ights-of-way (PROW). Chapter 11.20.065.D.1 also authorizes the Public Works Director/City Engineer to develop and publish standards governing the placement and modification of wireless facilities, including re gulations governing collocation, resolution of conflicting applications for placement of wireless facilities, and creating acceptable design and development standards for wireless facilities located in the PROW that protect and preserve community aesthetics and zoning districts.
DEFINITIONS. The definitions set forth in Chapter 11.20.065.B of the CCMC are incorporated herein by reference. The following additional definitions apply to these Design and Development Standards:
A. “Technically Infeasible” means a circumstance in which the applicant has demonstrated that compliance with a specific requirement of these Design and Development Standards is impossible and not merely more difficult or expensive than a non-compliant alternative.
DESIGN AND DEVELOPMENT STANDARDS. The intent of this
section is: to require that wireless facilities and antennas are installed in a manner that will not create adverse aesthetic impacts on abutting and nearby properties ; to protect scenic, historic, natural, or cultural resources of the City; to assure land use compatibility with properties adjacent to such wireless facilities; to minimize negative visual, noise and aesthetic impacts; and to protect the general safety, we lfare, and quality of life of the community. The following design and development standards shall apply to all wireless facilities in the PROW
A. Visual Criteria
1. Undergrounding of all wireless facilities, except for antennas (and antennas with radios that are manufactured together as one piece of equipment), radios enclosed in a shroud, and structures (e.g., poles, towers and conduit) needed to physically support or connect the antennas, is required in Underground Districts and strongly preferred everywhere else. Where above-ground f acilities will be installed, utilization of equipment mounting base plates and equipment enclosures that are no wider than the greater of 18 inches or the
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width of the existing pole, and therefore less likely to detract from views of scenic streetscapes, are preferred. Camouflaging and integrating above-ground wireless facilities by using non-reflective materials and colors that blend in with their surroundings is required.
When placed above-ground, wireless equipment shall either be completely c ontained and concealed within t he interior of an integrated streetlight, be contained within an above ground pedestal, or when technically feasible attached within a shroud at the top of an existing streetlight or utility pole in a manner where their protrusion is minimized. Above ground pedestal cabinets in the Transit Oriented Development District and Downtown District require photo- wrapping to camouflage them. New pole installations shall be substantially similar in type, height, color and texture as the other poles in the immediate area.
B. Location and Design
1. Traffic Si gnals: Attaching wireless facilities to City-owned traffic signal poles is permitted under the following conditions:
a. Installations on all traffic signal structures must not interfere with the integrity of the facility in any way that may c ompromise the safety of the public. The
installation must not interfere with other existing uses on the pole such as traffic signals, traffic signs, traffic signal preemption devices, cameras, street l ight
luminaries, hanging fl ower planters, flags, and/or
banners. Installation of small cell facilities on any traffic signal structure shall
(I) not obstruct the safe operation of traffic c ontrol; and
(ii) be encased in a separate conduit than the traffic
signal electronics; and
(iii) have an electric power connection, that is f ully contained within the pole, that is separate from the
traffic signal’s electric power connection; and
(iv) have a separate pull box from the traffic signal; and
(v) not interfere with driver or pedestrian sight lines for vehicles or pedestrians.
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2. Undergrounding: Except for antennas, antennas and radios that are manufactured together as one piece of equipment, radios enclosed in a shroud, and structures (e.g. poles, towers and conduit) needed to physically s upport or connect the antennas, undergrounding of wireless facilities in
Underground Districts is required.
3. Sharing: Sharing of equipment location by wireless infrastructure providers is preferred within underground vaults, in above-ground pedestal cabinets, integrated streetlights and within integrated S tand-Alone poles. H owever, to avoid excessive visual clutter, sharing is undesirable on utility- owned poles, except for utility-owned poles located in alleys.
4. Traffic Sign Posts: Attachments to stop sign or other traffic sign posts are prohibited. However, wireless infrastructure providers may propose their removal and replacement with a Stand-Alone Pole pursuant to Section 2.B.5.e of these Design and Development Standards, provided that the new St and- Alone Pole has the capability of attaching one or more traffic signs or banners to it.
5. Design/Styling Guidelines:
a. Pedestal Cabinets: Pedestal Cabinets are prohibited in Underground Districts.
When wireless facilities cannot be placed underground
or be integrated into a pole, the radios, meter, batteries, fiber optic cable connections and other equipment shall be c ontained within the s mallest pedestal cabinet
available that will accommodate the equipment. In the Transit Oriented Development District and in those City Business Improvement Districts that require it, pedestal cabinets will be camouflaged. This may be in the form of photo- wrapping or other method as established for
each Business Improvement District by the City. In
those B usiness Impro vement Districts that require
photo- wraps such as in Downtown, they s hall use
photographs of the adjacent physical surroundings to
create photo-wraps that minimize the cabinets’ visual
impact in a manner consistent with Section A.1 of these Design and Development Standards.
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Below are examples of appropriately wrapped pedestal
cabinets:
b. Utility-Owned Pole Mounts:
(i) Antennas installed on utility-owned poles or on
aerial cables:
(A) Antennas shall be attached to the very top of
the pole unless the proposed facility is exempt
from this requirement to top-mount the antenna
pursuant to the provisions of Section 3
(Exemptions).
(B) Shall be contained within a shroud of the
same color as the pole. When it is technically
infeasible to shroud the antennas, they must
simulate the same material and color as the
existing utility pole and be stacked vertically.
(C) Must use conduit, concealing all cables
leading to the antenna, which is the same color
as the pole their being attached to.
(D) Antennas and radios m a y a l s o be
s t r a n d-mounted.
(E) Antennas and/or radios may also be mounted
on a cross -arm, with each antenna unit
separated at the minimum required by G.O.
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(ii) Radios must either be:
(A) Enclosed within a shroud that matches the
color of the utility pole and be mounted at the
very top of the utility pole in a manner that
minimizes their protrusion;
(B) Placed on the side of the pole and enclosed
within a vertical shroud the minimum width to
safely accommodate radios and cables; or,
(C) Strand-mounted on aerial fiber optic cables,
which are encouraged in non-residential
zones, residential backyard easements and in
alleys.
(1) When it is technically infeasible to shroud
the radios, they must simulate the same
material and c olor as the existing utility
pole and be stacked vertically.
Below is an example of an acceptable antenna and
radio enclosed within a shroud that is attached to the
very top of the pole that matches its color:
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Below is an example of an acceptable radio and
antenna strand-mounted on aerial fiber optic cable:
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When an applicant can demonstrate that it is i)
infeasible to attach their antenna and radio to the top of a utility pole; and ii) it is infeasible to attach to or replace a nearby streetlight , then the antenna and
radio may be placed mid-pole on the utility pole. If an applicant cannot place their antenna and radio to the
top of a utility pole, streetlight or mid -pole, then they may be strand mounted.
Below is an example of an acceptable radio and
antenna that are mounted mid-pole on a utility pole
containing electric transmission lines:
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c. City-owned streetlights: Radios and antennas may be attached to a City streetlight under the following
conditions:
(i) All equipment shall be attached to the very top
of the pole.
(ii) All cables, radios a n d antennas shall be contained within a shroud where t echnically
feasible that simulates the same material and
color as the existing pole, with cut-outs required
for signal propagation.
(A) When it is technically infeasible to shroud
the radio and/or antenna, they must
simulate the same material and color as
the existing stre etlight pole and be
stacked vertically.
(iii) The following is an example of acceptable cable, radio and antenna installations contained within
a shroud that simulate the material and color of
the existing streetlight pole:
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d. Subject to City’s approval and execution of a separate agreement, wireless infrastructure providers may re move existing City-owned streetlights and replace t hem with integrated streetlight poles that contain all of t he wireless infrastructure provider’s equipment c oncealed within their interior, so lo ng as the replacement streetlight and pole is substantially similar in type, taper, height, color and texture to the City streetlight being replaced.
(i) Samples of Acceptable Integrated Streetlight Replacement Poles. Though other integrated streetlights may be acceptable to the City, the following are samples of facilities which the City finds to be acceptable:
(A) Cobra Head: Samples of an acceptable cobra
head Integrated Streetlight Replacement Pole is
the Smart Fusion Line manufactured by American
Tower and others are depicted below:
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Davit Streetlight: Samples of an acceptable Davit Integrated Streetlight Replacement Pole is the one manufactured by Conceal Fab and others are depicted below:
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Single Acorn: An example of an acceptable
single acorn Integrated Streetlight
Replacement Pole is the S mart Fusion Line
manufactured by A merican Tower, depicted
below:
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Double Acorn: An example of an acceptable
double acorn Integrated Streetlight
Replacement Pole is the Concealment Pole
Line manufactured by Conceal Fab, depicted
below:
(The photograph a bove is intended to depict the whole
pole from top to bottom however, it includes a single acorn luminaire instead of double.)
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e. New Stand-Alone Poles: A Stand-Alone Pole is one that is owned and maintained by the Wireless I nfrastructure Provider. Pursuant to C CMC Section 11.20.065.D.k all applications proposing the installation of a Stand-Alone Pole may be referred to the City Council for review and decision, which review is triggered when the Public Works Director / City Engineer determines that the Wireless
Infrastructure Provider has failed to adequately
demonstrate that all other options are technically infeasible to implement. Stand-Alone Poles must contain all of the wireless infrastructure provider’s equipment concealed
within their in terior and be substantially si milar in t ype, height, color and texture as the other poles located in the immediate area. Any of the integrated streetlight poles identified in Section
2.B.5.d of these Design Standards are available from their manufacturers without their luminaires and may be
proposed for use as Stand-Alone Poles. Stand- Alone
Poles are not required to be equipped with a luminaire.
C. Placement
Placement preferences are listed below for zones (in Sect. 2.C.1), roadways (in Sect. 2.C.2) and locations (in Sect. 2.C.3). An applicant may use a less-preferred zone, roadway or location only if no preferred option is available and technically feasible.
1. Wireless facilities in the PROW shall be installed in the following order or preference, listed from the most -preferred zone to the least preferred zone:
i) Non -residential zones, e.g. Industrial, commercial; ii) Residential zones, including mixed -use commercial zones that permit residential use s.
The City’s Zoning Map adopted by City Council Resolution shall be used to determine the applicable zone for PROW locations and CCMC Section
17.120.010 applies to resolve any uncertainty about the zone applicable for a particular site.
2. Within any pa rticular zone, wireless facilities in the PROW shall be installed on the various roadway types in the following order of preference, listed from the most -preferred roadway type to the least preferred roadway type:
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i) Primary arterials;
ii) Secondary arterials;
iii) Neighborhood feeders;
iv) Collector roads;
v) Local streets;
3. Within any particular roadway, wireless facilities shall be installed in the following order of preference, listed from most to least preferred location:
i) At intersections provided it is not directly in front of a window ;
ii) As close as feasible to shared property lines between two adjacent lots ;
iii ) At other locations not directly in front of the windows of residences, businesses or occupiable buildings ;
iv) At other locations.
4. In any residential zoning district, no wireless facilities shall be located in the “front yard” or “back yard” meaning location s directly in front of the front side or the back side of residential buildings .
Placements shall be as close as feasible to shared property lines between two adjacent lots.
5. Wireless facilities shall not be placed within 600 feet of i) a public or private school that minors attend, ii) a public playground, iii) a public park, and iv) a licensed childcare facility.
6. Wireless facilities shall not be placed at locations that obstruct scenic views within City -designated view preservation zones .
7. No wireless facility may en croach onto or over any private or other property outside the PROW without the property owner’s express written consent.
D. General Requirements
1. Conflicting Applications: Where applications to install wireless facilities conflict, colocation is encouraged. If colocation is not feasible, the site will be made available to the first applicant.
2. Permitting: An application must be submitted to obtain an Encroachment Permit to install any wireless facility in the PROW pursuant to Chapter 11.20.065.F of the CCMC.
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3. Conditions of Approval: All the conditions of approval adopted by R e s o l u t i o n of t h e C i t y C o u n c i l p u r s u a n t to C h a p t e r
11.20.065.H.1 of the CCMC are incorporated herein by reference.
4. Generators: Electric g e n e r a t o r s t h a t s u p p o r t w i r e l e s s facilities are prohibited in the PROW.
5. Electric Service: Above ground electric meter facilities are prohibited in Southern California Edison (SCE) territory. Wireless Infrastructure Providers shall execute a contract with SCE for service under their Wireless Technology Rate (WTR) Schedule.
WTR equipment shall be installed below grade. To minimize the amount of above-ground equipment placed in t he PROW,
installation of electric meters is discouraged in Los A ngeles Department of Water and Power (LADWP) territory. When
necessary, the City will provide applicants a letter to submit to the LADWP st ating t hat in every case, a bove- ground meter pedestals are visually in trusive, constrain the s pace, and are summarily rejected. However, where flat rate service is not offered in LADWP service areas and meters are re quired, use of the smallest available meter equipment, incl uding smart meters, is desired. A smart meter is a meter that may be read wirelessly, allowing it to be placed at a higher loc ation on the pole. If contained within an above-ground pedestal cabinet, the meter equipment placement s hall c onform to t he re quirements contained in Section 2.B.5.a of these Design and Development Standards.
6. Security: Installation d e sig n s sh a l l p r e v e n t c r e a t in g an attractive nuisance and shall deter incidents of graffiti, vandalism and unauthorized access such as climbing.
7. Safety: Wireless facilities cannot endanger public/property, impede the flow of vehicle or pedestrian traffic, obstruct clear sight lines for vehicle or non-vehicular traffic, impair the use of poles, traffic signs, traffic signals, outdoor dining areas, emergency facilities or result in a failure to comply with the Americans with Disabilities Act.
8. Signs: Except for signs or decals containing safety warnings, indicating ownership of equipment or required by federal, state or local law, installation of signs, including but not limited to advertising signs, is prohibited.
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9. Landscaping: Wireless infrastructure providers are required to replace, in a manner consistent with surrounding landscaping or vegetation, any existing landscaping that is adversely i mpacted by installation of the providers’ wireless facilities.
10. Modifications: Modifications to existing wireless facilities such as equipment replacements and collocations cannot have the effect of defeating the c amouflaging and aesthetic objectives of the existing installation.
11. Noise: Operation of wireless facilities shall not create a nuisance as defined by Chapter 9.04 of the C CMC and shall comply with all noise regulations established in Chapter 9.07 of the CCMC.
12. Lighting:
a. No f a c i l i t y m a y be i l l u m i n a t e d u n l e s s s p e c i f i c a l l y required by t he Federal Aviation Administration (FAA) or other government agency.
Beacon lights are not permitted unless required by the
Federal A viation A dministration or o ther government
agency.
b. Legally-required lightning arresters and beacons shall be included when calculating the height of facilities.
c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, i mpacts on the
surrounding neighborhood.
d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion- sensitive light controllers and must deflect lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its
discretion, exempt an applicant from the f oregoing
requirement when the applicant demonstrates a
substantial public safety need.
SECTION 3. Exemptions:
Any request to be exempted from any of these Design and Development Standards must be made at the time an application is submitted , or when the need for the exemption is first determined after submittal and must include both the specific provision(s) from which the exemption is sought and the basis of the request, including all supporting evidence on which the applicant relies.
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1. Exemptions to these Design and Development Standards will be granted only:
a. If a wireless infrastructure provider demonstrates that adherence to these standards is technically infeasible or would violate General Order No. 95 of the California Public Utilities Com mission or some other pole owner
requirement; or
b. If a wireless infrastructure provider establishes that a denial of its application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services or otherwise violate applicable laws or regulations; provided, however, that these standards are then waived only to the minimum extent required to avoid the involved prohibition or violation.