12.05.020 Definitions.
For the purposes of this chapter, certain terms shall have meanings as follows:
A. “Antenna” means a device used to transmit and/or receive radio or electromagnetic waves such as but not limited to panel antennas, reflecting discs, panels, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations.
B. “Antenna array” shall mean two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.
C. “Base station” shall mean the antennas, cables, signal modulating and demodulation transmission and switching equipment associated with a wireless telecommunications facility, but does not include the support structure, wireless tower, support equipment or structures that do not at the time of application support or house base station components.
D. “Building official” means the town of Atherton’s building official.
E. “Camouflaged or concealed WTF” means a wireless telecommunications facility that (1) is integrated as an architectural feature of an existing structure such as a cupola; or (2) is integrated in an outdoor fixture such as a flagpole; or (3) uses a design which mimics and is consistent with nearby natural or architectural features, or is incorporated into or replaces existing permitted facilities (including but not limited to stop signs or other traffic signs or freestanding light standards) so that the presence of the WTF is not readily apparent.
F. “City council” means the city council of the town of Atherton, California.
G. “City manager” shall mean the city manager of the town of Atherton, California, or his or her designee.
H. “Code” means the Atherton Municipal Code.
I. “Co-location” or “collocation” or “collocated” means the mounting or installation of new base station equipment on a support structure or wireless tower to which base station equipment associated with a WTF is already attached by a different legal entity.
J. “CPUC” means the California Public Utilities Commission.
K. “Distributed antenna system,” “DAS,” means a network of one or more antennas and related fiber optic nodes typically mounted to streetlight poles, or utility poles, which provide access and signal transfer for wireless service providers. DAS also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.
L. “FCC” means the Federal Communications Commission.
M. “Lattice tower” means an open framework structure used to support one or more antennas, typically with three or four support legs.
N. “Minor modification” means an application to alter or replace an existing WTF, or to collocate a WTF, or to install a new WTF of a type or in an area approved by the city council for streamlined processing (1) where granting the application would not violate any of the terms or conditions of an existing permit and (2) where all of the following conditions are met, where applicable:
a. Granting the application would not create a safety hazard, whether from wind loading, stress on the support structure or wireless tower, or in any other manner; and
b. For a camouflaged or concealed WTF, the proposed modification is consistent with the design of the prior-existing camouflaged or concealed WTF, and would not result in a WTF being more visible. By way of example, an alteration to a WTF disguised as a tree that made the tree larger than other vegetation in the vicinity would make the WTF more visible, even if the increase in size is consistent with other provisions of this chapter; and
c. Granting the application would not intrude upon or additionally burden any environmentally sensitive area, or incommode the public in its use of any rights-of-way; and
d. The application would not alter the size of any structure or outdoor fixture to which the antenna is attached, and would not change by more than ten percent in any direction any of the following: the height or width in any direction of any other type of support structure or wireless tower, or the area required for facilities required to support the support structure or wireless tower, such as guy wires. The ten percent change shall be measured against the size of the wireless tower or support structure at the time a WTF was first attached to it. By way of example, if a collocation had previously been approved that added ten percent to the height of a wireless tower, and a subsequent application was filed that would increase the height by an additional ten percent, the second application would be treated as a major modification. Notwithstanding this provision, if a wireless tower and support structure was thirty-five feet or less above ground level, and the proposed application would increase the size of the wireless tower or support structure so that it is higher than thirty-five feet above ground level, the modification shall not be considered a minor modification; and
e. The application would not result in an antenna extending more than six feet vertically from the support structure or wireless tower. Notwithstanding this provision, if the highest point of an antenna was thirty-five feet or less above ground level, and the proposed application would result in an antenna whose highest point is higher than thirty-five feet above ground level, the modification shall not be considered a minor modification; and
f. The application would not require changing by more than ten percent any of the height or area encompassed within any structure or object enclosing a WTF, or a part of a WTF such as a fence or line of bushes; and
g. The application would not require changing any of an existing antenna or antenna array depth, circumference or horizontal radius (whether by addition of antennas or modification of the existing antennas) in any direction by more than ten percent; and
h. The application would not increase the visibility of any part of the base station or support equipment other than the antenna, or require installation of three or more new cabinets or enclosures, but excluding equipment and cabinets that will be installed underground; and
i. The application would not result in an alteration of a structure or support structure otherwise inconsistent with the code.
Notwithstanding the foregoing, a minor modification also includes any collocation or modification that was pre-approved by the town unless it is determined that conditions at the location have changed substantially since the pre-approval; and any collocation approved pursuant to Cal. Gov. Code Section 65850.6.; and any modification deemed by the city manager to have little or no negative visual effect.
O. “Major modification” means any modification not meeting the criteria under the definition of “minor modification” as set forth immediately above.
P. “Monopole” means a single freestanding pole used to act as or support an externally mounted antenna or antenna array.
Q. “OTARD antennas” means antennas covered by the “over-the-air reception devices” rule in 47 C.F.R. Section 1.4000 et seq. as may be amended or replaced from time to time.
R. “Outdoor fixture” means any wall (excluding any retaining wall eighteen inches or less in height), utility box, fence, gate, column, pillar, post, flagpole, lightpost or similar lighting fixture (excluding any standard mail box, as defined in this section), either freestanding or incorporated into a fence or wall.
S. “Public property” means property owned or under the control of the town and specifically excludes the town’s rights-of-way. By way of example and not limitation, public property includes structures and outdoor fixtures owned by the town.
T. “Public works director” or “director” means the public works director of the town or his or her designee.
U. “Radome” means a visually opaque, radio frequency transparent enclosure which may contain one or more antennas, cables and related facilities therein.
V. “Rights-of-way” refers to public streets and rights-of-way, as those terms are defined in Sections 1.04.010(K) and 17.08.220.
W. “Structure” means anything constructed or erected that requires location on the ground or attached to something having location on the ground, but not including outdoor fixtures, and not including hardscape. Examples of a structure include, but are not necessarily limited to, any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, satellite dish antenna, solar collector panel, tree house or other play structure, swimming pool, tennis court, play court, and deck, but for purposes of this chapter does not include utility poles or towers as defined herein.
X. “Support equipment” means the physical, electrical and/or electronic equipment included within a wireless telecommunications facility used to house, power, and/or process signals from or to the WTF’s antenna or antennas but specifically excluding the base station.
Y. “Support structure(s)” means a structure, outdoor fixture, tower (including any radio tower or television tower), or utility pole capable of safely supporting a WTF, but does not include a wireless tower.
Z. “Town” means the town of Atherton, California.
AA. “Unipole” means a uniform width pole with one or more antennas and associated equipment and cables contained within the interior of the pole, and with a radome at the top of the pole being the same width as the pole.
BB. “Utility pole” means a steel or wood pole or structure located in the rights-of-way and dedicated to use by multiple utilities and providers of communications franchised by the state or town.
CC. “Whip antenna” means a vertically oriented omni-directional antenna.
DD. “Wireless telecommunications facility” or “WTF” means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WTF does not include a facility entirely enclosed within a permitted building outside of the rights-of-way where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the code. A WTF consists of an antenna or antennas, including, but not limited to, directional, omni-directional and parabolic antennas, base station, support equipment, and (if applicable) a wireless tower. It does not include the support structure to which the WTF or its components are attached. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter.
EE. “Wireless tower” means any structure, such as a lattice tower, monopole or unipole, built for the sole or primary purpose of supporting a WTF. A support structure which is modified or replaced to allow for the installation of all or a portion of a WTF retains its prior use as its primary use, and the wireless use is only a secondary use thereof, even if the WTF is the only attachment to the support structure. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)