City of FontanaAction ReportPlanning Commission8353 Sierra AvenueFontana, CA 92335File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public HearingFROM:Planning DepartmentTITLE:Master Case Nos. 23-022, -023, -024, -025, -026 and Appeal (APL) Nos. 22-003, -005, -007, -009and -011 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-013, for the request to modify an existing Southern California Edison (SCE) transmission tower withwireless telecommunications equipment consisting of twelve (12) panel antennas, fifteen (15) radioremote units (RRUs) and ground mounted equipment within a new lease area of approximately 200square feet.RECOMMENDATION:Based on the information in the staff report and subject to the attached Findings, staff recommendsthat the Planning Commission:1. Deny Appeal Nos. 22-003, -005, -007,- 009 and -011, thereby upholding the decision of theDirector of Planning, for Administrative Site Plan No. 22-013, for the request to modify anexisting Southern California Edison transmission tower with wireless telecommunicationsequipment consisting of twelve (12) panel antenna, fifteen (15) radio remote units (RRUs) andground mounted equipment within a new lease area of approximately 200 square feet.APPLICANT:Tika Dave and Bryant Harris, 4687 Condor AvenueNeil Hedtke, 4665 Condor AvenueYolanda Hedtke, 4665 Condor AvenueNicole Williams, 3828 North Flame Tree AvenueLuis Mexicanos, 4543 Condor AvenueLOCATION:North of Terra Vista Drive, east of Condor Avenue (APN: 0239-101-17)REQUEST:Master Case No. 23-022, -023, -024, -025, -026 and Appeal (APL) No. 22-003, -005, -007, -009 and -011 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-013, forthe request to modify an existing Southern California Edison (SCE) transmission tower with wirelessequipment consisting of twelve (12) panel antennas, fifteen (15) radio remote units (RRUs) andground mounted equipment within a new lease area of approximately 200 square feet.PROJECT PLANNER:George Velarde, Assistant PlannerCity of Fontana Printed on 3/29/2023Page 1 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public HearingPROJECT DESCRIPTION:Land Use Designation:*HQHUDO3ODQ=RQLQJ2YHUOD\([LVWLQJ/DQG8VHSite:Public Utility (P-UC)Public Utility (P-UC)SouthernCalifornia Edison(SCE) Easement /(SCE)TransmissionTowerNorth:City of Rialto Open SpaceLytle Creek RanchSpecific PlanVacantSouth:Public Utility (P-UC)Public Utility (P-UC)SouthernCalifornia Edison(SCE) Easement /(SCE)TransmissionTowerWest:Medium Density (R-M)/Recreational Facilities (P-R)Medium Density (R-2)Public Facilities (P-PF)Single-FamilyHomes/ParkEast:City of Rialto Single FamilyResidentialCity of Rialto SingleFamily ResidentialSingle-FamilyResidentialANALYSIS:BackgroundAdministrative Site Plan No. 22-013 to modify an existing Southern California Edison (SCE)transmission tower with wireless telecommunications equipment consisting of twelve (12) panelantennas, fifteen (15) radio remote units (RRUs) and ground mounted equipment within a new leasearea of approximately 200 square feet was approved by the Director of Planning at a scheduledpublic hearing on February 16, 2023. During and after the approval date, staff received several lettersand phone calls from property owners and residents in the vicinity of the project site, concerned withthe potential negative health effects from the proposed antennas and associated equipment.The appeal period for the project was fifteen (15) calendar days after a decision had been made onFebruary 16, 2023, therefore the appeal period closed on March 3, 2023. Since the City is closed onFridays this extended the closing period until Monday March 6, 2023. Staff received five (5) appealapplications in opposition of the project. With the five (5) applications, one (1) justification letter citingthe same concerns has been provided (Attachment No. 1). The grounds for the appeal stated in theapplication included: fire/wind hazard and equipment collapse, real estate devaluation and aestheticissues, noise nuisance, insurance risk, environmental impact, seismic activity, inform to consent,City of Fontana Printed on 3/29/2023Page 2 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public Hearingcriminal activity, health risks, security risks and worker injury to the residents that are in closeproximity to the wireless telecommunication communication facility. Finally, the appellants assertsthat sufficient cell phone coverage exists in this area and an additional wireless facility is not needed.The original appeal letter is attached for the Planning Commission review.Administrative Site Plan (ASP) No. 22-013Sonal Thakur, of the Eukon Group representing AT&T submitted the application of Administrative SitePlan (ASP) No. 22-013 on June 7, 2022, for the establishment of a wireless telecommunicationfacility as approved by the Director of Planning on February 16, 2023. According to the informationsubmitted in the ASP 22-013 application, AT&T will be the only carrier on the existing SCEtransmission tower. The equipment shelter is approximately 10 feet high and 200 square feet in sizeand secured with a decorative split face block wall with a gate. The shelter will be accessed via anexisting 12-foot wide dirt access road used for maintenance and service for the existing SCE towers.The existing series of SCE transmission towers are approximately 133 feet in height and are locatedwithin an existing public utility corridor (Attachment Nos 2 and 3). This utility corridor area isgenerally located north of Casa Grande Road to North Riverside Avenue in the City of Rialto. Theproposed 12 wireless communication antennas will be located 66 feet above the base of one of theexisting SCE transmissions towers.Primary antennas for transmitting wireless telephone service, including cellular and PersonalCommunications Service (PCS), are usually located outdoors on towers, water tanks and otherelevated structures like rooftops and sides of buildings. The combination of antenna towers andassociated electronic equipment is referred to as a “cellular or PCS cell site” or “base station.”Cellular or PCS cell site towers are typically 50-200 feet high. Antennas are usually arranged ingroups of three, with one antenna in each group used to transmit signals to mobile units, and theother two antennas used to receive signals from mobile units.Wireless communication facilities are regulated by the Federal Communications Committee (FCC)and, accordingly state and local municipalities are limited in their ability to regulate such facilities.Pursuant to the United States (US) Code Section No. 332(c)(7)(B)(iv):“No State or local government or instrumentality thereof may regulate theplacement, construction, and modification of personal wireless service facilities onthe basis of the environmental effects of radio frequency emissions to the extent thatsuch facilities comply with the Commission’s regulations concerning suchemissions.”Based on this statue and pertinent case law, the City staff has determined that health effects relatedto radio frequency emissions cannot be considered by the Planning Commission in rendering adecision on this appeal. All wireless facilities shall comply with federal law, as such the RF emissionsdo not exceed the FCC allowable levels.The Eukon Group, representing AT&T has provided responses addressing the appellants concerns.These responses have also been attached for consideration. (Attachment No. 5)Appeal ConcernsThe following is a summary of the items raised in the previously referenced appeal; Attachment No.City of Fontana Printed on 3/29/2023Page 3 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public Hearing1 is a copy of the appeal letter.1)Fire, Wind, and Equipment CollapseResponse: The project site is located within the Edison Easement with equipment beingproposed on an existing SCE tower. Historically the City of Fontana is known to have strongwinds and a dry climate especially during certain months of the year. The appellants state that“telecommunications equipment can easily overheat or fail due to surges, equipment failureand extreme weather”. The proposed AT&T equipment on the existing SCE lattice tower hasbeen reviewed by the City of Fontana Building and Safety and Fire Departments and structuralplans would be reviewed prior to issuance of building permits.2)Real Estate Devaluation and Property Blight (Aesthetic Issues)Response: The project (ASP 22-013) as proposed will match in style and design to the existingSCE structure. The wireless telecommunications antennas will be metal and match the colorof the SCE metal structure. As stated above, the proposed equipment shelter will have a 10’split face block wall, which screens all of the ground mounted equipment.3)Noise NuisanceResponse:The equipment at ground level is secured behind a 10’ solid block wall. Theequipment is generally located approximately 100’ from the nearest property line. The EdisonEasement abuts solid block walls to the east and west which can assist in noise reduction.Additionally, the applicant is subject to Section 18-63, Section 30-469 and Chapter 11 in theGeneral Plan, Goal 8 adhering to conformance with noise standards during construction andoperation of the facility.4)Insurance RiskResponse:Similar to the above, the Federal Communications Commission regulates radiofrequency exposure levels from wireless towers and devices. This site will comply with FCCstandards and will operate well below the FCC’s permissible levels. Additionally, this towercomplies with Section 32-6, locating towers on existing structures. As such, the antenna doesnot extend more than 30 feet above the highest point of the structure, does not exceed 75 feetin height for single users, complies with all applicable FCC and FAA regulations and thecomplies with applicable building codes.5)Environmental ImpactResponse:This area is dedicated to the utility company where SCE transmission towers arelocated. A biological study/habitat assessment has been provided by the Eukon Group todemonstrate that the project site has already been previously cleared and maintained and thatthere are no species affected by the development.6)Seismic ActivityResponse: Similar to fire, wind and equipment collapse (Concern no. 1) this project had beenreviewed by both Building and Safety and the Fire department. Prior to permit issuance, theplans would be reviewed to meet and exceed the criteria outlined in the California BuildingCode and the California Fire Code.City of Fontana Printed on 3/29/2023Page 4 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public Hearing7)Inform to ConsentResponse:As stated above, the FCC provides guidelines on not only how emissions by cellsites are measured and deemed safe but also how local jurisdictions can apply zoningregulations to wireless projects, otherwise known as the Spectrum Act. The Spectrum Actpreserves local zoning authority yet clarifies when the exercise of local zoning authority maybe preempted by the FCC. It further “prohibits any action that would ban altogether theconstruction, modification or placement of these kinds of facilities in a particular area andspecifies procedures to be followed by local zoning officials for acting on a request to placethese kinds of facilities”. Recently, the Spectrum Act had been amended and under Section6409 (a), state and local governments may not deny, and shall approve, any eligible facilitiesrequest for a modification of an existing wireless tower or base station that does notsubstantially change the physical dimensions of such tower or base. Generally, any additionsor modification of wireless equipment to this SCE tower will require the submittal of a Pre-Application Meeting (PAM) request to be filed with the Planning Department to determinewhether entitlement applications are required. Subsequently, review and approval of the plansand associated structural calculations will be submitted to the Building and Safety Departmentprior to the issuance of a building permit.8)Criminal ActivityResponse:The proposed AT&T equipment will be installed on an existing SCE 133’ steellattice tower. The bottom of the antennas are proposed at a height of 66’. AT&T radios,cabinets and associated equipment are also proposed to be located within a new 10’ tall, 200square foot, split-face block wall enclosure. Additionally, the enclosure will have an anti-graffiticoating on the split face stone. The Eukon Group has also noted that AT&T equipment andindividual cabinets are located with security systems monitored remotely by AT&T’s NetworkOperations Teams. Further, SCE also monitors their towers and assets with security.9)Health and Medical Risks (Increased Radiation)Response:These concerns range from cancers, DNA damage, cognitive decline, oxidativestress, cognitive effects, cardiovascular effects, electromagnetic sensitivity, fertility, etc. Asmentioned previously, the wireless equipment is proposed to be installed on an existing SCElattice tower. Wireless projects are governed by the FCC for the amount of radio frequency(RF) a cell site emits. According to the FCC’s RF exposure guidelines, [they] “recommend amaximum permissible exposure level to the general public of approximately 580 microwattsper square centimeter [and] this limit is many times greater than RF levels typically found nearthe base of cell sites or in the vicinity of other, lower-powered cell site transmitters”. Similarlyat a cell site, the total radio frequency (RF) power that can be transmitted from eachtransmitting antenna depends on the number of radio channels (transmitters) that have beenauthorized by the (FCC) and the power of each transmitter. Although the FCC permits aneffective radiated power (ERP) of up to 500 watts per channel (depending on the towerheight), the majority of cellular or PCS cell sites in urban and suburban areas operate at anERP of 100 watts per channel or less. An ERP of 100 watts corresponds to an actual radiatedpower of 5-10 watts, depending on the type of antenna used. In urban areas, cell sitescommonly emit an ERP of 10 watts per channel or less. For PCS cell sites, even lower ERPsare typical. As with all forms of electromagnetic energy, the power density from a cellular orPCS transmitter rapidly decreases as distance from the antenna increases. The closestCity of Fontana Printed on 3/29/2023Page 5 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public Hearingadjoining property line is approximately 100’ east with the nearest residential approximately125’ east. Therefore, the possibility that a member of the general public could be exposed toRF levels in excess of the FCC guidelines is extremely remote.10)Security Risks, Cybercrime and FraudResponse:Hacking most often occurs because of phishing attacks through email spamming,downloading or installing illicit apps for individuals who visit and access unsafe pages on theinternet that carry viruses, malware and spyware. Hacking can also potentially occur fromusing free wi-fi, leaving phones and devices unattended in public, using public chargingstations, and having weak passwords. Security technology continues to improve. There arenow stronger methods of authentication, identity theft protection, and defense against cyberattacks being developed daily. In many cases, cell tower information increases personalsafety. These towers with wireless equipment are built and located at safe and federallyregulated distances.11)Worker Deaths, Accidents and SuicidesResponse:It is noted that both SCE and AT&T have very strict and stringent standards for thesafety of their workers. Only certified and specially trained professionals are authorized toaccess and perform work on these towers. The property, tower and site will be monitored bySCE, as well as AT&T Network Operations. With the installation of the AT&T equipment on thetower, there will be improved coverage, connectivity and ability to contact public safetypersonnel to respond to the scene and deal with any individuals trespassing.Findings for Approval for ASP No. 22-013ASP No. 22-013, as approved on February 16, 2023, meets the mandatory ASP findings requiredpursuant to Section 30-81 - Findings for approval. The original findings below were prepared by stafffor Director of Planning’s consideration:1.The proposal is consistent with the General Plan, Zoning and Development Code, and anyapplicable Specific Plan or Area Plan.The project site is located north of Terra Vista Drive and east of Condor Avenue. The GeneralPlan land use designation is Public Utility (P-UC) and is zoned Public Utility (P-UC). Theproposed project is to modify an existing Southern California Edison (SCE) tower with wirelessequipment by adding new wireless telecommunications equipment consisting of twelve (12) newpanel antennas, fifteen (15) RRU’s and additional ancillary wireless equipment. The proposedproject is consistent with the General Plan, the Zoning and Development Code and Chapter 32of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towersand Antennas ordinance.2.The proposal meets or exceeds the criteria contained in this Chapter and will result in anappropriate, safe, and desirable development promoting the public health, safety, and welfare ofthe community.City of Fontana Printed on 3/29/2023Page 6 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public HearingThe modifications have been reviewed by Planning, Building and Safety, Engineering, and FirePrevention and will meet or exceed all requirements. The proposed project will be built/installedpursuant to all applicable building, zoning, fire codes, and standards which will result in anappropriate, safe, and desirable development, as well as conditions of approval referencedherein, and therefore, shall promote the public health, safety, and welfare of the community.3. The proposal, in its design and appearance, is aesthetically and architecturally pleasingresulting in a safe, well-designed facility while enhancing the character of the surroundingneighborhood.The proposal and appearance of the cell site as a result from this review will be compatible withother similarly approved wireless facilities. There are no changes to circulation or character. Theproposed modifications will provide a safe and well-designed site that is both aesthetically andarchitecturally pleasing.4.The site improvements are appropriate and will result in a safe, well-designed facility.The proposed project has been reviewed by Planning, Engineering, Building and Safety, andCounty Fire Prevention for site circulation, access, and safety. The proposed project identifiedin Findings No. 1-3, meets or exceeds the standards of the specific plan and the Zoning andDevelopment Code and will provide a safe design for normal access. The proposed project willnot alter the existing site circulation and access.Staff prepared the above-listed findings for the Director of Planning’s consideration pursuant toSection 30-81 - Findings for approval. On February 16, 2023, the Director of Planning determinedthat the findings were consistent with the Fontana Municipal Code and FCC statues and regulationsand approved the project. The proposed project has met all the requirements of the FontanaMunicipal Code and the General Plan and the appeal does not address any of these requirements.As such, staff recommends the Planning Commission deny the request for appeal and uphold theapproval of ASP No. 22-013.EnvironmentalThe installation of new wireless telecommunications facility and ancillary equipment as describedabove associated with Master Case No. (MCN) 22-054 and Administrative Site Plan (ASP) No. 22-013 is exempted pursuant to Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3(New Construction or Conversion of Small Structures) of the California Environmental Quality Act(CEQA), and Section 3.22 of the 2019 City of Fontana Local Guidelines for Implementing theCalifornia Environmental Quality Act.MOTION:Approve staff recommendationCity of Fontana Printed on 3/29/2023Page 7 of 8powered by Legistar™ File #: 21-2089Agenda Date: 4/4/2023Agenda #: PH-BCategory: Public HearingATTACHMENTS:1. Uniform Appeal Letter from Appellants(s)2. Vicinity Map3. Project Plans4. Project Packet5. Notice of Public Hearing6. Responses from the Eukon Group and AT&T City of Fontana Printed on 3/29/2023Page 8 of 8powered by Legistar™ Uniform Appeal Letter from Appellant(s) ATTACHMENT NO. 1
ATTACHMENT NO. 2 VICINITY MAP DATE: April 4, 2023 CASE: Master Case Nos. 23-022, -023, -024, -025 and -026 Appeal Nos. 23-003, -005, -007, -009, -011
CITY OF FONTANA PLANNING DEPARTMENT
NORTH
ATTACHMENT NO. 5
NOTICE OF PUBLIC HEARINGSI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section No. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the Planning Department by calling (909) 350-6718. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:Master Case No. (MCN) 23-022 and Appeal (APL) No. 23-003Master Case No. (MCN) 23-023 and Appeal (APL) No. 23-005Master Case No. (MCN) 23-024 and Appeal (APL) No. 23-007Master Case No. (MCN) 23-025 and Appeal (APL) No. 23-009Master Case No. (MCN) 23-026 and Appeal (APL) No. 23-011Review of appeals to overturn the on February 16, 2023, approving Master Case No. (MCN) 22-054 and Administrative Site Plan (ASP) No. 22-013 to modify an existing Southern California Edison (SCE) transmission tower for the installation of new wireless telecommunications equipment consisting of twelve (12) panel antennas, fifteen (15) radio remote units (RRUs) and ancillary equipment located at ground level within a block wall enclosure. Environmental Determination:The installation of new wireless telecommunicationsfacility and ancillary equipment as described above associated with Master Case No. (MCN) 22-054 and Administrative Site Plan (ASP) No. 22-013 is exemptedpursuant to Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA), and Section 3.22 of the 2019 City of Fontana Local Guidelines for Implementing the California Environmental Quality Act.
ATTACHMENT NO. 5
Should you have any questions concerning this project, please contact George Velarde, Assistant Planner,at (909) 350-6569 or by e-mail at [email protected]. Any interested party may provide information by letter or email or appear and present any information which may be of assistance to Planning Commission in making their decision. A copy of the application and environmental documentation is available for inspection in the Planning Department, City Hall. Please contact the planner identified above for information. IF YOU CHALLENGE ANY ACTION TAKEN CONCERNING THIS ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE PROVIDED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Location of Property:North of Terra Vista Drive, east of Condor Avenue (APN: 0239-101-17)Date of Hearing:April 4, 2023Place of Hearing:City Hall Council Chambers 8353 Sierra Avenue Fontana, CA 92335Time of Hearing:6:00 P.M.
AT&Ts Proposed Facility
AT&T Needs the Proposed Facility to Provide and Improve Wireless Services AT&Ts Analysis of Alternative Sites See Wireless Substitution: State-level Estimates from the National Health Interview Survey, 2019See, e.g., Thirteenth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges https://www.fcc.gov/sites/default/files/13th-annual-911-fee-report-2021.pdf.
Approval of AT&Ts Proposal Comports with Federal Law
City of Rancho Palos Verdes v. AbramsMetro PCS, Inc. v. City and County of San FranciscoT-Mobile South, LLC v. City of RoswellSee e.gMetro PCS, IncSprint PCS Assets, LLC v. City of Palos Verdes Estates See T-Mobile USA, Inc. v. City of AnacortesIdSee Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investmentsee alsoIn the Matter of California Payphone Association Petition for Preemption, EtcCity of Portland v. United StatesId Response to Appellants Criticisms Health Effects and Risks. Property Values and Aesthetics.
AT&T Wireless Services of California LLC v. City of CarlsbadId Insurance Issues. Fire, Wind, and Seismic Issues. California RSA No. 4 v. Madera CountyCellular Telephone Co. v. Town of Oyster Bay Omnipoint Corp. v. Zoning Hearing BdTelespectrum v. Public Service Com'n. of KentuckyPreferred Sites, LLC v. Troup CountySeeWireless Communications Initiative Study: Wireless Facilities Impact on Property Values Noise.Other Concerns.
AT&T Mobility Radio Frequency Statement 3808 North Flame Tree Avenue, Fontana, CA 92377 AT&T has experienced an unprecedented increase in mobile data use on its network since the release of the iPhone in 2007. AT&T estimates that since introduction of the iPhone in 2007, mobile data usage has increased 470,000% on its network. growing demand for mobile data services to continue. The increased volume of data travels to and from cust radio frequency spectrum that AT&T licenses from the Federal Communications Commission. Spectrum is a finite resource and there are a limited number of airwaves capable and available for commercial use. Wireless carriers license those airwaves from the FCC. To ensure usage and forecasted demand for wireless services, and it must use its limited spectrum in an efficient manner. AT&T uses high-band (i.e., 6 GHz and higher), mid-band (i.e., C-band, 2300 MHz, 2100 MHz, and 1900 MHz) and low-band (i.e., 850 MHz and 700 MHz) spectrum to provide wireless service. Each spectrum band has different propagation characteristics and signal quality may vary due to noise or interference based on network characteristics at a given location. To address this dynamic environment, AT&T deploys multiple layers of its licensed spectrum and strives to bring its facilities closer to the customer. The proposed wireless communications facility at 3808 North Flame Tree Avenue, Fontana close coverage gap in LTE service in an area roughly bordered by Interstate 15 to the north, Coyote Canyon Road to the west, Escalon Drive to the south, and North Palmetto Avenue to the east. This gap area includes hundreds of homes in several neighborhoods, parks, schools, busy roads, and other points of interest in the vicinity. The service coverage gap is caused by inadequate infrastructure in the area. AT&T currently has existing sites in the broader geographical area surrounding the Property but, as Exhibit 1 illustrates, these existing sites do not provide sufficient 4G LTE service in the gap area. To meet its coverage objectives, AT&T needs to construct a new wireless communications facility. Wireless telecommunications is a line-of-
2 to be high enough propagate an effective signal throughout the gap area. To meet its coverage objectives for this gap area, AT&T proposes a new wireless telecommunications facility collocated on an existing electric utility transmission tower. Denial of this proposed facility vices in this portion of the city. The facility at the Property will help close the gap in coverage and help address rapidly increasing data usage driven by smart phone and tablet usage. This site is part of an effort to fully deploy 4G LTE technology in the area. Specifically, the proposed facility will close this service coverage gap and provide reliable 4G LTE service for AT&T customers in the affected area. LTE technology also offers lower latency, or the processing time it takes to move data through a network, such as how long it takes to start downloading a webpage or file sent the request. Lower latency helps to improve the quality of personal wireless services. to carry data traffic and services and to deliver a better overall network experience. It is important to understand that service problems can and do occur for customers even that coverage is available. As the legend to the Coverage Viewer maps indicates, these maps display approximate coverage. Actual coverage in an area may differ from the website map graphics, and it may be affected by such things as terrain, weather, network changes, foliage, buildings, construction, high-usage periods, customer equipment, and other factors. It is also important to note that the signal losses, slow data rates, and other service problems can and do occur for customers even at times when certain other customers in the same octhe handset. The bars of signal strength that individual customers can see on their wireless phones are an imprecise and slow-to-update estimate of service quality. In other words, a at times, be unable to initiate voice calls, complete calls, or download data reliably and without service interruptions due to service quality issues.
3 To determine where equipment needs to be located for the provisioning of reliable sources than just signal strength from individual phones. AT&T uses industry standard propagation tools to identify the areas in its network where signal strength is too weak to provide reliable service quality. This information is developed from many sources including terrain and clutter databases, which simulate the environment, and propagation models that simulate signal propagation in the presence of terrain and clutter variation. AT&T designs and builds its wireless network to ensure customers receive reliable in-building service quality. This level of service is critical as customers increasingly use their mobile phones as their primary communication devices. According to the Center for Disease Control and Prevention (CDC), more than 81% of California adults, and more than 98% of Californians under age 18, rely exclusively or primarily on wireless communications in their homes. And California households rely on their mobile phones to do more (E911, video streaming, GPS, web access, text, etc.). In fact, the FCC conservatively estimates that 74% of 911 calls are placed by people using wireless phones. public safety through its partnership with FirstNet, the federal First Responder Network Authority. Conceived by the 9/11 Commission Report as necessary for first responder communications, Congress created the federal First Responder Network Authority, which selected AT&T to build and manage FirstNet, the first-ever nationwide first-responder wireless network. The proposed facility will provide new service on Band 14, which is the nationwide high-quality spectrum set aside by the U.S. government for public safety. Deployment of FirstNet in the subject area will improve public safety by putting advanced wireless technologies into the hands of public safety agencies and first responders. Exhibit 1 to this Statement is a map of the existing 4G LTE service coverage (without the proposed installation at the Property) in the area at issue. It includes 4G LTE service coverage provided by other existing AT&T sites. The green shaded areas of the map depict acceptable in-building coverage. In-building coverage means customers are able to place or receive a call on the ground floor of a building. The yellow shaded areas depict areas within a signal strength range that provide acceptable in-vehicle service coverage. In these areas, an AT&T customer should be able to successfully place or receive a call within a vehicle. The pink and white shading depicts areas within a signal strength range in which a customer might have difficulty
4 receiving a consistently acceptable level of service. The quality of service experienced by any individual customer can differ greatly depending on whether that customer is indoors, outdoors, stationary, or in transit. Any area in the yellow, pink, or white category is considered inadequate service coverage and constitutes a service coverage gap. Exhibit 2 is a map that predicts 4G LTE service coverage based on signal strength in the vicinity of the Property if the proposed facility is constructed as proposed in the application. As shown by this map, constructing the proposed facility at the Property closes this significant service coverage gap. My conclusions are based on my knowledge of the Property networktelecommunications facilities in the surrounding area. in Electronics and Communication Engineering from the Dr. B.R. Ambedkar Regional Engineering College, Jalandhar, Punjab, India, and have worked as an engineering expert in the wireless communications industry for over 25 years. __________________________________ Sandeep Mangat AT&T Mobility Services LLC Network, Planning & Engineering RAN Design & RF Engineering March 2023
ZonableLeasableRF Engineer-ableConstructableRegulatory-able 2 Pillars of ZoningSignificant gap in coverageLeast visually obtrusive means Brief Zoning Information - Fontana
Brief Zoning Information - Rialto
City of FontanaAction ReportPlanning Commission8353 Sierra AvenueFontana, CA 92335File #: 21-2128Agenda Date: 4/18/2023Agenda #: CC-BCategory: Consent CalendarFROM:Planning DepartmentTITLE:Master Case Nos. 23-022, -023, -024, -025, -026 and Appeal (APL) Nos. 22-003, -005, -007, -009and -011 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-013, for the request to modify an existing Southern California Edison (SCE) transmission tower withnew wireless telecommunications equipment consisting of twelve (12) panel antennas, fifteen (15)radio remote units (RRUs) and ground mounted equipment within a new lease area of approximately200 square feet.RECOMMENDATION:Adopt a Resolution denying Appeal Nos. 22-003, -005, -007,- 009 and -011, thereby upholding thedecision of the Director of Planning approving Administrative Site Plan No. 22-013, a request tomodify an existing Southern California Edison transmission tower with wireless telecommunicationsequipment consisting of twelve (12) panel antenna, fifteen (15) radio remote units (RRUs) andground mounted equipment within a new lease area of approximately 200 square feet that wasreviewed at the April 4, 2023 Planning Commission Hearing.APPLICANT:Tika Dave and Bryant Harris, 4687 Condor AvenueNeil Hedtke, 4665 Condor AvenueYolanda Hedtke, 4665 Condor AvenueNickole Williams, 3828 North Flame Tree AvenueLuis Mexicanos, 4543 Condor AvenueLOCATION:North of Terra Vista Drive, east of Condor Avenue (APN: 0239-101-17)REQUEST:Master Case No. 23-022, -023, -024, -025, -026 and Appeal (APL) No. 22-003, -005, -007, -009 and -011 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-013 forthe request to modify an existing Southern California Edison (SCE) transmission tower with newwireless equipment consisting of twelve (12) panel antennas, fifteen (15) radio remote units (RRUs)and ground mounted equipment within a new lease area of approximately 200 square feet.PROJECT PLANNER:George Velarde, Assistant PlannerRina Leung, Senior PlannerBACKGROUND INFORMATION/ANALYSIS:City of Fontana Printed on 4/11/2023Page 1 of 2powered by Legistar™ File #: 21-2128Agenda Date: 4/18/2023Agenda #: CC-BCategory: Consent CalendarAt the Planning Commission meeting on April 4, 2023, the Planning Commission denied Appeal(APL) Nos. 22-003, -005, -007, -009 and -011, thereby upholding the Director of Planning’s decisionon February 16, 2023 at a Directors hearing that approved Administrative Site Plan No. 22-013, arequest to modify an existing Southern California Edison (SCE) transmission tower to install wirelesstelecommunications equipment consisting of twelve (12) panel antennas, fifteen (15) radio remoteunits (RRUs) and ground mounted equipment within a new lease area of approximately 200 squarefeet.During the April 4, 2023 meeting, the Planning Commission received a presentation of the staff reportby Planning Department staff and also opened the hearing for public testimony where appellants,applicants for Administrative Site Plan No. 22-013, and other members of the public spoke. Duringthis hearing, there was testimony and discussion for the wireless telecommunications project. At theconclusion of this April 4thhearing after receiving public testimony and holding deliberations, thePlanning Commission voted 4-0 (one Commissioner absent) to deny Appeal Nos. 22-003, -005, -007,- 009 and -011, thereby upholding the decision of the Director of Planning, for Administrative SitePlan No. 22-013.Subsequent to the April 4, 2023, Planning Commission hearing, staff prepared a resolution(Attachment No. 1) summarizing Planning Commission’s denial of the appeals (APL Nos. 22-003, -005, -007, -009 and -011) for consideration.ADMINISTRATIVE SITE PLAN PROJECT DESCRIPTION:Sonal Thakur, of the Eukon Group representing AT&T submitted the application of ASP No. 22-013on June 7, 2022, for the establishment of a wireless telecommunication facility to install wirelesstelecommunications equipment consisting of twelve (12) panel antennas, fifteen (15) radio remoteunits (RRUs) on an existing SCE transmission tower and ground mounted equipment within a newlease area of approximately 200 square feet. The equipment shelter is approximately 10 feet highand 200 square feet in size and secured with a decorative split face block wall with a gate. Theshelter will be accessed via an existing 12-foot-wide access road used for maintenance and servicefor the existing SCE towers.The existing series of SCE transmission towers are approximately 133 feet in height and are locatedwithin an existing public utility corridor. This utility corridor area is generally located north of CasaGrande Road to North Riverside Avenue in the City of Rialto. The proposed 12 wirelesscommunication antennas will be located 66 feet above the base of one of the existing SCEtransmissions towers.MOTION:Approve staff recommendationATTACHMENTS:Attachment No. 1 - Planning Commission ResolutionCity of Fontana Printed on 4/11/2023Page 2 of 2powered by Legistar™ ATTACHMENT NO. 3
RESOLUTION PC NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA DENYING APPEAL NOS. 22-003, -005, -007,- 009 AND -011, THEREBY UPHOLDING THE DECISION OF THE DIRECTOR OF PLANNING APPROVING ADMINISTRATIVE SITE PLAN NO. 22-013, FOR THE REQUEST TO MODIFY AN EXISTING SOUTHERN CALIFORNIA EDISON TRANSMISSION TOWER TO INSTALL WIRELESS TELECOMMUNICATIONS EQUIPMENT CONSISTING OF TWELVE (12) PANEL ANTENNA, FIFTEEN (15) RADIO REMOTE UNITS (RRUS) AND GROUND MOUNTED EQUIPMENT WITHIN A NEW LEASE AREA OF APPROXIMATELY 200 SQUARE FEET LOCATED AT A PROPERTY LOCATED NORTH OF TERRA VISTA DRIVE, EAST OF CONDOR AVENUE (APN: 0239-101-17) WHEREAS, the City of Fontana received five appeal applications on March 6, 2023, Appeal (APL) Nos. 22-003, -005, -007, -009 and -011 for the appeal of the Director (ASP) No. 22-013, for the request to modify an existing Southern California Edison (SCE) transmission tower to install new wireless telecommunication and associated equipment, and Appeal Applicants (Appellants): Tika Dave and Bryant Harris, 4687 Condor Avenue - Appeal (APL) No. 22-003 Neil Hedtke, 4665 Condor Avenue - Appeal (APL) No. 22-005 Yolanda Hedtke, 4665 Condor Avenue - Appeal (APL) No. 22-007 Nicole Williams, 3828 North Flame Tree Avenue - Appeal (APL) No. 22-009 Luis Mexicanos, 4543 Condor Avenue - Appeal (APL) No. 22-011 WHEREAS, the City of Fontana received an application on May 31, 2022, Administrative Site Plan No. (ASP) No. 22-013, for the request to modify an existing Southern California Edison (SCE) transmission tower to install wireless telecommunication equipment consisting of twelve (12) panel antennas, fifteen (15) radio remote units (RRUs) and ground mounted equipment within a new lease area of approximately 200 square feet for a property located north of Terra Vista Drive, east of Condor Avenue (APN: 0239-101-17), and Project Applicant for ASP No. 22-013: Sonal Thakur of Eukon Group representing AT&T, 65 Post No.1000, Irvine CA. 92618 Resolution PC No. 2023-
WHEREAS, Sections 32-3.1 and 32-6 of the Fontana Municipal Code requires Administrative Site Plan approval for all new wireless telecommunication facilities on existing towers and Chapter 32 of the Fontana Municipal Code includes procedures for processing, along with standards and requirements for these facilities. Furthermore, Section 30-22 of the Zoning and Development Code and Section 32-6 of the Fontana Municipal Code designates the Director of Community Development (or designee) as the approval authority for review of Administrative Site Plans for these types of facilities; and WHEREAS, on the Director of Planning received public testimony and evidence presented by the applicant, City staff, and other interested parties and after carefully considered all information pertaining to the project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing, the Director of Planning approved Administrative Site Plan No. No. 22-013; and WHEREAS, Sections 30-22 and 30-26 of the Zoning and Development Code designate the Planning Commission as the appeal authority for Administrative Site Plans that are approved by the Director of Community Development; and WHEREAS, on April 4, 2023, the Planning Commission held a noticed public hearing and received public testimony on and Appeal (APL) Nos. 22-003, -005, -007, -009 and -011 for the appeal of the Administrative Site Plan No. No. 22-013. After carefully considered all information pertaining to the project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing, the Planning Commission denied Appeal (APL) No. 22-003, -005, -007, -009 and -011 thereby upholding the of the Director -013 and associated Conditions of Approval and added two additional Conditions of Approval, which have been atNo. 22-013; and WHEREAS, on April 18, 2023, Planning Commission of the City of Fontana, California, at a regular meeting adopted a resolution denying Appeal (APL) Nos. 22-003, -005, -007, -009 and -approving Administrative Site Plan No. No. 22-013 with associated Conditions of Approval and added two additional Conditions of Approval Numbers 17 and 18 as depicted in Exhibit A of the Conditions of Approval; and WHEREAS, all of the notices required by statute or the City Municipal Code have been given as required; and WHEREAS, Administrative Site Plan No. (ASP) No. 22-013 is for the installation of new, small wireless telecommunications equipment on an existing SCE transmission tower is Categorically Exempt pursuant to Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the Resolution PC No. 2023-
California Environmental Quality Act (CEQA), and Section 3.22 of the 2019 City of Fontana Local Guidelines for Implementing the California Environmental Quality Act; and WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notices mailer prior to the Public Hearings; and notice of the public hearing was published in the local Fontana Herald newspaper on February 3, 2023 for Administrative Site Plan No. 22-013 and March 24, 2023 for Appeal (APL) Nos. 22-003, -005, -007, -009 and -011, posted at City Hall and at the project site; and WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing on April 4, 2023; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, the Commission RESOLVES as follows: SECTION NO 1. the following findings for Administrative Site Plan No. (ASP) No. 22-013 in accordance with Section No. 32-7.2. for Findings for approval for tower and/or antenna for ASP applications from the Municipal Code: Finding No. 1: The proposal meets or exceeds the criteria contained in this chapter and is consistent with the general plan and the applicable land use designations. Findings of Fact: The project site is located north of Terra Vista Drive and east of Condor Avenue. The General Plan land use designation is Public Utility (P-UC) and is zoned Public Utility (P-UC). The proposed project is to modify an existing Southern California Edison (SCE) tower by adding new wireless telecommunications equipment additional ancillary wireless equipment. Wireless telecommunications facilities are an allowed use under the General Plan subject to approval by the Director of Planning therefore the proposed project is consistent with the General Plan, the Development Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas Ordinance. The proposed new telecommunications project has been reviewed by Planning, Building and Safety, Engineering, and Fire Prevention Departments and will meet or exceed all requirements. The proposed project will be built/installed pursuant to all applicable state and federal laws/standards, building, Resolution PC No. 2023-
zoning, fire codes, and standards. Finding No. 2: That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter. Findings of Fact: The proposed project as identified and referenced in Finding No. 1, above for the installation of new wireless telecommunication equipment on an existing tower along with installation of associated equipment, is located within the existing Southern California Edison (SCE) transmission corridor developed with towers along with an access road. The physical characteristics of the site which is utilized which is utilized as an SCE transmission corridor developed with towers and an access road is sufficient to accommodate the requested wireless telecommunication project. The project site is approximately 20 acres can accommodate the proposed wireless antennas/panels to be mounted on the existing SCE tower along with associated equipment that will be located within the approximately 200 square foot equipment shelter located on the ground. Furthermore, the existing maintenance road on this site can accommodate for the vehicular access needed to maintain this proposed facility. Finding No. 3: The proposal of the tower and/or antenna is in its design and appearance consistent with the development and design of the surrounding structures and neighborhood. Findings of Fact: The proposal and appearance of the wireless telecommunication site as a result from this review will be compatible with other similarly uses in the area; in that, the wireless telecommunication antenna/panels will have metal to match the color of the existing SCE tower. Additionally, the ground mounted equipment will be screened project is aesthetically pleasing and will be consist with the built environment. Finding No. 4: That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan. Findings of Fact: The General Plan land use designation is Public Utility (P-UC) and is zoned Public Utility (P-UC). The proposed project is to modify an existing Southern California Edison (SCE) tower to add new wireless telecommunications equipment at site utilized as a SCE transmission corridor developed with existing towers and maintenance road. Wireless telecommunications facilities are an allowed use under the General Plan and Municipal Code subject to approval by the Director Resolution PC No. 2023-
of Planning. Also, the proposed project is consistent with the General Plan, the Zoning and Development Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas ordinance. The existing maintenance road on this site can accommodate for the vehicular access needed to maintain this proposed wireless telecommunications facility. Finding No. 5: That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles. Findings of Fact: The proposed project is to modify an existing Southern California Edison (SCE) tower to add new wireless telecommunications equipment at site utilized as a SCE transmission corridor developed with existing towers and maintenance road. This existing maintenance road will provide access for the proposed project is accessible from Terra Vista Drive is designated as a Collector Street by the Circulation Master Plan able to accommodate for proposed facility that is anticipated to be service approximately once or twice a month. SECTION NO. 2Commission hereby denies the appeal and upholds the decision of the Director of Planning approving Administrative Site Plan No. No. 22-013 and subject to the Conditions of approval which are attached hereto as to this Resolution and incorporated herein by this reference. Furthermore, Planning Commission added two additional Conditions of Approval Numbers 17 and 18 as depicted in Exhibit A of the Conditions of Approval. SECTION NO. 3. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code, Section No. 21081.6. SECTION NO. 4. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 18th day of April 2023. City of Fontana ___________________________ Cathline Fort, Chairperson Resolution PC No. 2023-
ATTEST: I, Ralph Thrasher, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 18th day of April 2023, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Ralph Thrasher, Secretary Resolution PC No. 2023-
CITY OF FONTANA CONDITIONS OF APPROVAL CASE: Administrative Site Plan No. 22-013 DATE: February 16, 2023 Master Case No. 22-054 LOCATION: North of Terra Vista Drive, east of Condor Avenue (APN: 0239-101-17) PLANNING DEPARTMENT: 1. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on the first sheet of the final building plans prior to issuance of any building permits. 2. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred: A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as and B. All other Conditions of Approval imposed by this project have been fulfilled. 3. Administrative Site Plan shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period. 4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. 5. This project will comply with all applicable provisions, regulations, and development standards of the City of Fontana Municipal Code. 6. To discourage graffiti, the applicant shall include anti-graffiti coating on the exterior of the enclosure.
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7. The applicant/property owner shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising shall be limited to declaratory/injunctive relief, mandate, and/or specific performance. 8. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints. The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays. 9. Pursuant to the Migratory Bird Treaty Act (MBTA) and California Department of Fish &Game (CDFG) Code, removal of any trees, shrubs, or any other potential nesting habitat shall first conduct a pre-construction survey for active bird nests outside the avian nesting season. The nesting season generally extends from early February through August but can vary slightly from year to year based upon seasonal weather conditions. The report shall be provided to the Planning Department. 10. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.
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11. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Director of Planning an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Director of Planning may share such information with other applicants applying for administrative approvals or conditional use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however that the Director of Planning is not, by sharing such information, in any way representing the accuracy of the information or warranting that such sites are available or suitable. 12. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure as to make the antenna and related equipment as visually obtrusive as possible. 13. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. 14. State or federal requirements. All telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the telecommunication facility governed by the Fontana Municipal Code shall bring such equipment into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications facility at the owners expense. 15. The construction contractor will use the following source controls at all times: A. Use of noise-producing equipment will be limited to the interval from 8:00 a.m. to 5:00 p.m., Monday through Friday. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(7) of the Municipal Code. B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use. C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately. D. Have only necessary equipment onsite.
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E. Use manually adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary: 1. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers. 2. Temporarily enclose localized and stationary noise sources. 3. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical. 16. Historic Archaeological Resources A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place. B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.
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17. The applicant shall submit an annual report to the City documenting ongoing compliance with federal regulations for telecommunications facilities. (added by Planning Commission on April 4, 2023) 18. The existing cleared area around the tower and access road utilized for maintenance of the wireless facility shall be maintained free of vegetation. (added by Planning Commission on April 4, 2023) PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 19. A Planning Department final inspection fee shall be paid prior to issuance of the Certificate of Occupancy for Industrial and Commercial Developments. 20. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code. END OF CONDITIONS OF APPROVAL