Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Ray Altman, Chairperson Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Special Meeting Thursday, February 20th, 2020 at 5:30 p.m. Board Chambers, 981 “H” Street, Suite 100, Crescent City, CA AGENDA I. CALL TO ORDER: ROLL CALL: II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: IV-A. Approval of the minutes of the January 9th, 2020 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. V. ARCHITECTURAL REVIEW: None. VI. CONTINUING BUSINESS: None. VI-A. Discuss RV Long-term Residential Parking Ordinance In March 2019, the City Council directed staff to expand on Recreational Vehicle (RV) use through development of a RV long-term parking ordinance on private property (for numerous reasons, not limited to: displacements due to disasters, mishaps, financial hardships, domestic violence, housings shortage etc.). This policy should be separate from the oversized vehicle parking regulations outlined in Chapter 12.40 “PARKING REGULATIONS” of the municipal code. Council has discussed the permitting of RV parking and use on private property within City limits during the December 2019 Planning Commission meeting, and provided some PLANNING COMMISSION AGENDA specific direction to staff. VI-B. Discuss Development of Small Cellular Sites Ordinance Local jurisdictions must reasonably allow wireless telecommunication facilities to be located in public rights-of-way, but may impose regulations based on published aesthetic standards. To provide for the regulation of small wireless sites within city limits consistent with recently adopted Federal regulations, city staff seek input on a draft ordinance to guide siting of small wireless facilities in the public right-of-way. Today, the Commission will review, discuss, and provide staff with direction regarding the attached draft ordinance. The Commission previously received background on small cell facilities and how other cities are regulating their placement in the public right of way (ROW) at their January 9, 2020 meeting. VII. NEW BUSINESS: None VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. IX. ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday March 12th, 2020 at 5:30 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531 POSTED: February 18th , 2020 By: Heather Welton Office Technician . PLANNING COMMISSION AGENDA  IV-A CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Ray Altman, Chairperson Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Regular Meeting Thursday, January 9th, 2020 at 5:30 p.m. Board Chambers, 981 “H” Street, Suite 100, Crescent City, CA MINUTES I. CALL TO ORDER: Chairman Altman called the meeting to order at 5:30 pm. ROLL CALL: Commissioners Present: Chairman Raymond Altman, Vice-Chair Holly Green, Commissioner Kime, Commissioner John Wendt and Commissioner Ray Walp. Staff Present: City Manager Eric Wier, Public Works Director Jonathan Olson, Office Technician/Planning Secretary Heather Welton. II. PUBLIC COMMENT: There was no public comment III. CONSENT CALENDAR: There was no public comment IV. APPROVAL OF MINUTES: IV-A. Approval of the minutes of the October 10, 2019 regular meeting of the Crescent City Planning Commission and Architectural Review Committee. On a motion by Commissioner Wendt, seconded by Vice Chair Greene, and carried unanimously on a 5-0 vote, the Crescent City Planning Commission and Architectural Review Committee approved the minutes of the October 10th, 2019 regular meeting. IV-B. Approval of the minutes of the November 7, 2019 special meeting of the Crescent City Planning Commission and Architectural Review Committee. On a motion by Commissioner Wendt seconded by Commissioner Kime, and carried unanimously on a 5-0, the Crescent City Planning Commission and Architectural Review Committee approved the minutes of the November 7th, 2019 special meeting. PLANNING COMMISSION AGENDA V. ARCHITECTURAL REVIEW: There was none. VI. CONTINUING BUSINESS: There was none. VII. NEW BUSINESS: There was none. VII-A. Development of Small Cellular Sites Ordinance To provide for the regulation of small wireless sites within city limits consistent with recently adopted Federal regulations, city staff seeks input to develop a draft ordinance to guide siting of small wireless facilities in the public right-of-way and within utility easements in public and private properties. Sarah West with SHN gave a power point presentation about small cell tower sites and small cell site ordinances. Small cell tower sites and designs were discussed on a Commission level. There was no public comment. Direction on process was to have staff come back with use permit information for small cell sites on private property. Direction on compensation structure was to have staff come back with additional information on fee schedules. Direction on design was to have small cell sites on street light poles. Direction was for stealth design with the colors of the mountable items to be the same as the pole. Direction was to have staff come back with light pole design examples. Direction was for metal poles only. Direction was to get most of the radio equipment underground and not mounted on the pole. Direction was spacing requirement 150 feet between each small cell site. Direction was to use existing street light pole location and design. Direction was to have small cell site approval at a staff level review, and if there was an appeal it would go before the Planning Commission. With appeals being available for applicants. Direction was to have staff bring back additional discussion on rooftop small cell sites. Direction was to have the small cell sites conform to FCC standards. PLANNING COMMISSION AGENDA Direction was to have noise restraints on the small cell sites. VII-B. Development of RV Long-term Parking Ordinance In October 2019, the City Council directed staff to work with the Planning Commission on Development of RV Long-term Residential Parking & Use Ordinance Ethan Lawton with SHN gave a PowerPoint presentation on RV regulations and residential parking. He said what’s before the Commission tonight is to development regulation of long- term residential parking for RVs in residential areas and to determine when and if a use permit is applicable. Jonathon Olson, Director of Public Works, went over the previous draft ordinance that the Council had looked at prior to this meeting. Council asked staff to get additional input from the Planning Commission. RV long-term and short-term use on residential properties were discussed on a Commission level. There was no public comment. Direction on permit duration was for short term to be 90 days and long term to be 91-365 days with a use permit. Direction was to require as part of the use permit, permanent installation of water, sewer and electrical for long term use. Subject to annual review. Direction for site plan and architectural review was that they will be provided with use permit application submittal. Direction was to have staff come back with more specific footprints on setbacks and distances. Direction was to agree with all the standards that staff recommended. At all times, the property owner or the property owner’s authorized agent shall obtain all City permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases. At all times, residential use of temporary dwellings is limited to recreational vehicles. For water hook-ups, the temporary dwelling shall be connected to an approved source of water meeting one of the following criteria: Public water supply. For sewage disposal hook-ups, the temporary dwelling shall be connected to an approved sewage disposal system meeting one of the following criteria; Public sewer system. For electricity hook-ups, the temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria: Permitted electrical service hook-up; or Other power source approved by the Public Works Department. Fees for water and sewer fees shall be per Ordinance Resolution 2019-57B. Direction on violations was to remove the imprisonment part under violation conditions. Direction on curb appeal was to have staff decide if it the applicant needs screening or fencing during the application review process. Direction on coverings was to allow permanent and prohibit temporary/tarp coverings. PLANNING COMMISSION AGENDA Direction for limit amount of RV’s was to allow one RV per residence. Direction for parking surface was for to create a parking surface for the RV to sit on such as gravel or concrete, at the staff’s direction during the application process. Direction on allowing short-term and Long-term use on R-1, R-2, R-3, and R-P zones. Direction to not include a sunset clause for the ordinance. VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. IX. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Altman adjourned the meeting at 8:31 pm to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday, February 13th, 2020 at 5:30 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531 ATTEST: _______________________ Heather Welton, Planning Secretary/Office Technician PLANNING COMMISSION AGENDA  VI-A Crescent City Planning Commission February 20, 2020 Staff Report Agenda Item# ___VI-A_ Project: Discuss RV Long-term Residential Parking Ordinance Prior Direction from City Council: In March 2019, the City Council directed staff to expand on Recreational Vehicle (RV) use through development of a RV long-term parking ordinance on private property (for numerous reasons, not limited to: displacements due to disasters, mishaps, financial hardships, domestic violence, housings shortage etc.). This policy should be separate from the oversized vehicle parking regulations outlined in Chapter 12.40 “PARKING REGULATIONS” of the municipal code. Council has discussed the permitting of RV parking and use on private property within City limits during the December 2019 Planning Commission meeting, and provided some specific direction to staff, which is summarized below: • Purpose o RV long term and short-term use on residential properties were discussed on a Commission level. o Direction to not include a sunset clause for the ordinance. • Residential Parking Areas o Direction for zoning was to allow in R-1, R-2, R-3, and R-P residential zones. o Direction for limit amount of RV’s was to allow one RV per residence. • Placement and Yards o Direction was to have staff come back with more specific footprints on setbacks and distances. • Permitting o Direction was to require as part of the use permit, permanent installation of water, sewer and electrical for long term use. Subject to annual review. o Direction for site plan and architectural review was that they will be provided with use permit application submittal. o Direction for parking surface was to create a parking surface for the RV to sit on such as gravel or concrete, at staff’s direction during the application process. o Direction on curb appeal was to have staff decide if it the applicant needs screening or fencing with application review process. • Permitting Duration o Direction on permit duration was for short term to be 90 days and long term to be 91-365 days with a use permit. • Standards o Direction was to agree with all the standards that staff recommended. At all times, the property owner or the property owner’s authorized agent shall obtain all City permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases. At all times, residential use of temporary dwellings is limited to recreational vehicles and movable tiny houses not on a permanent foundation. For water hook-ups, the temporary dwelling shall be connected to an approved source of water meeting one of the following criteria: Public water supply. For sewage disposal 1  hook-ups, the temporary dwelling shall be connected to an approved sewage disposal system meeting one of the following criteria: Public sewer system. For electricity hook- ups, the temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria: Permitted electrical service hook-up; or Other power source approved by the Public Works Department. Fees for water and sewer fees shall be per Ordinance Resolution 2019-57B. • Coverings o Direction on RV coverings was to have no temporary coverings. • Violation o Direction on violations was to remove the imprisonment part under violation conditions. Based on the above, below is a discussion of additional direction that is needed from the Planning Commission to develop a draft RV long-term use ordinance. Direction is needed from the Planning Commission regarding additional items listed below: Placement and Yards At the direction of the Planning Commission, staff has developed some standards for RV placement and yards for the Planning Commission’s review and discussion: “RV yard area” means those areas on a residential zoned parcel where an RV may or may not be stored relative to the main residential building and orientation to the Street. “RV front yard” for the purposes of RV placement means a space extending the width of a parcel between the front property line and the front of the residence and not less than the required front setback for the zone. If the front of the residence varies relative to the front property line, the RV front yard shall follow the front of the residence, not an imaginary straight line taken from the nearest wall of the residence to the street. “RV side yard”: for the purposes of RV placement means a space extending from the RV front yard area to the RV rear yard area between the side property line and the side wall of the main residence “Short “ RV side yard” for the purposes of RV placement means a space between the side property line and the shortest side wall of the main residence and extending from the RV rear yard area up to three feet into the RV front yard area provided it does not extend beyond the main residence building line nearest the street, does not encroach into the from setback or into the required twenty-five-foot setback distance from the garage. “RV rear yard” for the purposes of RV placement means a space extending the width of a parcel between the rear property line and a line parallel with the rear wall of the main residence. “Corner lot RV front yard” for the purposes of RV placement means the street frontage with the property address. “RV street side yard” for the purposes of RV placement means the RV yard area adjacent to a street on a corner lot between the RV front yard as determined by the corner lot RV front yard definition and the RV rear yard. “Corner or Reverse Corner RV lot” for the purposes of RV placement means a lot where one side is twenty-five percent or less of the other side, resulting in a lot depth of less than one hundred feet. Lot depth is measured from the mid-point of the front lot line to the mid-point of the rear lot line. “Corner or Reverse Corner RV lot side yard” for the of RV placement means the side yard for the narrowest side beginning at the side of the driveway farthest from the residence to the side property line of the narrowest side and extending from the front property line to the RV rear yard. 2 The application for an administrative review permit for RV storage in a RV front yard area shall be denied unless all of the following five findings for approval can be made: A) The Subject property is unique in size or configuration; B) There is no available space in a garage, side yard, or rear yard area which can accommodate the RV in conformance with this title; C) The property can accommodate screening from view from the public right-of-way and surrounding properties with a six-foot high wall/fence and gate constructed with view obscuring material. The six-foot high wall/fence and gate screening does not encroach into the front yard setback area or twenty-five-foot back-out distance from a required garage; D) The RV can be parked parallel to the side property line and as near the property line as possible; and E) Only one RV can qualify for an administrative review permit for RV front yard storage on the subject property. Recommended Actions: Staff recommends the Planning Commission take the following actions: 1. Receive a staff report, and draft ordinance, from planning staff. 2. Open the item for public comment. 3. Close the item for public comment. 4. Provide additional direction to Planning Staff concerning recommendations to the RV residential parking ordinance. Appendix A: Draft RV Long-term Residential Use Ordinance 3  VI-A Attachment A Crescent City Municipal Code DRAFT Chapter 17.55 RV Long-term Residential Parking 17.55.010 Purpose. The purpose of the recreational vehicle (RV) regulation is to clearly define what is considered a recreational vehicle; to identity locations and standards for storage of recreational vehicles in residential zones; to identify requirements for temporary parking and use of recreational vehicles in order to protect the integrity, value and character of residential neighborhoods and public health and safety concerns. 17.55.020 Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings: “Oversized vehicle” means any motor vehicle that either exceeds twenty-two feet in length or exceeds seven feet (eighty-four inches) tall and seven feet (eighty-four inches) wide, including motor vehicles towing trailers which shall be measured as one unit. “Public property” means any city-owned or city-controlled real property. “Residential parking areas” means all property located within the city designed as zones R-1, R-2, R-3, RP in Title 17 of this Code. “Residential Use” means to reside temporarily in a fixed location. “RV” or “recreational vehicle” means a vehicle with or without motive power, designed or utilized for camping, sleeping, eating or resting and for carrying persons or property on its own structure, whether being drawn by motor power or other means and includes, but is not limited to, travel trailers, campers, motorhomes, campervans, truck campers, or tent trailers. “Trailer” means a vehicle with or without motive power, designed or utilized for camping, sleeping, eating or resting and for carrying persons or property on its own structure, whether being drawn by motor power or other means and includes, but is not limited to, travel trailers, campers, tent trailers, house cars or recreational vehicles. “Vehicle” means any device by which any person or property may be propelled, moved or drawn upon a street or highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 626, 1988) 17.55.030 Residential Parking Areas. All property within the city designated as a “residential parking area” specifically allows the occupancy of a trailer as defined in this chapter pursuant to all of the following requirements: A. No more than one such trailer may be used, placed, kept, or maintained on private property. 17.55.040 Placement and Yards. A. In no case shall the RV be parked within ten feet of the street curb face, nor within the restricted sight zone on a corner lot as set forth in Section 17.08.080. B. The residential use of RV’s shall be located outside of the boundaries of any recorded easements. C. In no case shall an RV be placed within the front yard setback of the parcels zoning setback. D. An encroachment into the side yard setback shall be permitted provided that a 5 ft emergency access path is maintained around the RV at all times. Page 1 of 3  E. The RV placement shall not encroach or block the required twenty-five-feet distance from an approved garage on interior lots, and twenty feet distance for corner or reverse corner lots with vehicle doors which face the side street. (Ord. 695 § 2, 2003) F. In no case, shall the RV be considered, or counted, as part of the lot coverage percentage calculations. G. For long term use of RV’s a gravel or other hard surface must be placed for parking or use of the RV. 17.55.050 Permit. All residential use of temporary dwellings permits shall meet the following standards: A. Application, and fees, must be submitted to and approved by Planning Staff. B. Permit approval is subject to Site Plan & Architectural/Design Review Approval set forth in Section 17.46.010. C. The Planning Director may impose additional conditions as needed to ensure compliance with regulations and to reduce adverse impacts to surrounding neighborhood properties. D. All issued permits are subject to annual review. 17.55.060 Permit Duration. All residential use of temporary dwellings permits shall be one of the following: A. A Short-term Permit issued by Planning Staff, allowing up to 90 days of use within a calendar year, shall be an administrative permit for short-term use. See section B for permitted-uses exceeding 90 days. All Sections except 17.55.040 shall apply to short-term use. B. A Long-term Permit issued by the Planning Commission, allowing up to a full calendar year, shall be subject to the Use Permit process set forth in Section 17.54. 17.55.070 RV Standards. After the initial 90-day period, all residential use of temporary dwellings, prior to occupancy, shall meet the following standards, which are subject to annual review: A. At all times, the property owner or the property owner’s authorized agent shall obtain all City permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases. B. At all times, residential use of temporary dwellings is limited to recreational vehicles. C. For water hook-ups, the temporary dwelling shall be connected to an approved source of water from the Public water supply. D. For sewage disposal hook-ups, the temporary dwelling shall be connected to an approved sewage disposal system from the Public sewer system. E. For electricity hook-ups, the temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria: a. Permitted electrical service hook-up; or b. Other power source approved by the Public Works Department. Page 2 of 3  F. Fees for water and sewer fees shall be per Ordinance or Resolution 17.55.080 Coverings. No temporary coverings such as tarps or cloth screens are permitted. Fitted covers and permanent canopies are permitted and may be used as long as they are specifically designed for a recreational vehicle. All fitted covers and permanent canopies shall be maintained in good condition. Permanent canopies are structures which are permanently fixed to the ground and shall comply with all required building codes and Crescent City Code Ord. 558 § 2, 1980; prior code § 30-700 (2)). 17.55.090 Prohibited activities. The residential use of recreational vehicles under this ordinance shall not be allowed within the boundaries of City limits if any of the following applies: A. Code enforcement officers, building official/inspectors, or any other city official revokes short or long-term permits or use permits if an unsafe, hazardous, or blighted condition is identified and not corrected within one week. B. Permits may be revoked or suspended, for failure to comply with this or any other City Ordinance. C. No person shall display a fraudulent, forged, altered, or counterfeit RV parking permit or permit number with the intent to avoid compliance with this section. 17.55.100 Enforcement. In addition to all other remedies and penalties available under this chapter, under other sections of this code or under other laws, any person, firm or corporation who violates the provisions of this chapter shall be guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in Section 9.16.070 of this chapter. (Ord. 724 (Exh. A), 2007) 17.55.110 Violation. Any person who violates any section in this chapter is guilty of a misdemeanor, which shall be punishable by a fine of not more than one thousand dollars. The city attorney or district attorney shall have the authority to prosecute any violation of this section as an infraction in the interests of justice. An infraction is punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation; (3) a fine not exceeding five hundred dollars for each additional violation of this provision. A person is guilty of a separate offense for each and every day during which a violation occurs. (Ord. 724 (Exh. A), 2007) Page 3 of 3  VI-B Crescent City Planning Commission February 20, 2020 Staff Report Agenda Item# ___VI-B_ Project: Discuss Development of Small Cellular Sites Ordinance Overview Local jurisdictions must reasonably allow wireless telecommunication facilities to be located in public rights-of-way, but may impose regulations based on published aesthetic standards. To provide for the regulation of small wireless sites within city limits consistent with recently adopted Federal regulations, city staff seek input on a draft ordinance to guide siting of small wireless facilities in the public right-of- way. Today, the Commission will review, discuss, and provide staff with direction regarding the attached draft ordinance. The Commission previously received background on small cell facilities and how other cities are regulating their placement in the public right of way (ROW) at their January 9, 2020 meeting. Direction from Planning Commission at the January 9, 2020 Meeting At the January 9th meeting the Planning Commission directed staff to develop a draft ordinance to guide siting of small wireless facilities in the public right-of-way. General guidance provided by the Commission included: • Develop an ordinance that conforms with FCC Standards and regulates the design and placement of small cell facilities within Crescent City’s jurisdiction. • Preference for small cell sites on streetlight poles and exclude other infrastructure such as wooden utility poles and buildings. • Utilize existing streetlight pole location and design whenever possible. • Small cell site facility design should require stealth design guidelines including matching the colors of the mountable items to the site pole. • Facility equipment should be undergrounded whenever possible. • Require 150 feet spacing between each small cell site. • Direction was to have small cell site approval at a staff level review, and if there was an appeal it would go before the Planning Commission. Previous Question and Answer • What are the fees for small cell sites? o $270 per year per site to cover use of our ROW. o Standard use permit fees would apply o Standard building permit and plan check fees would apply • Rooftop small cell sites? o Based on the other direction provide staff drafted the ordinance around utilization of existing and new poles in the ROW and did not include use of private property at this time. o If no changes are made to the draft ordinance, users could propose small cell sites on private property under the existing cell tower zoning and permitting process. 1 Draft Ordinance Based on the direction received from the Planning Commission at the January meeting, attached are the recommendations for regulating small cell facility sites. Staff developed a draft ordinance (Attachment A) and additional standard conditions of approval (Attachment B) for Commission review and feedback. Generally, the ordinance establishes the city’s regulations for small cell site facilities. It provides guidance for what structures are appropriate for small cell facility siting and what stealth measures should be used to ensure that the facility appropriately fits into the city’s streetscape. The outline of the ordinance is as follows: I. Background and Purpose II. Findings and Declarations III. Severability IV. Approval Authority V. Application VI. Appeals to the Planning Commission VII. Preferred Support Structures VIII. Design Guidelines Applicable to Small Wireless Facilities on Streetlights IX. Design Guidelines Applicable to Small Wireless Facilities on New Poles X. Siting Guidelines for Small Wireless Facilities XI. Engineering Design Standards Applicable to All Small Wireless Facilities The standard conditions of approval language focuses on the city’s expectations of the applicant in managing the proposed cell facility site. Items such as graffiti abatement, ongoing upkeep of the facility, construction considerations, and site abandonment address topics the Commission requested staff address. Recommended Actions: Staff recommends the Planning Commission take the following actions: • Receive a staff report from planning staff. • Open the item for public comment. • Close the item for public comment. • Provide feedback direction to staff on draft ordinance and conditions of approval. Attachments: Attachment A: Draft Small Cell Facility Ordinance Attachment B: Draft Conditions of Approval 2  VI-B Attachment A Crescent City Municipal Code Chapter 17.XX Small Cell Facility Regulations I. Background and Purpose The City of Crescent City is establishing these Design and Siting Guidelines and Engineering Design Standards for small wireless facilities in the public right-of-way and within utility easements in public and private properties in order to regulate the design and placement of this infrastructure. These Design and Siting Guidelines provide objective aesthetic design and siting requirements that all wireless facilities installed within the public right-of-way and utility easements in public and private properties must meet for approval by the City. Only small wireless facilities as defined in 47 C.F.R. § 1.6002(1) (also referred to as "small cells") that meet the requirements of these guidelines are subject to this chapter. Two types of small wireless facilities are permitted in Crescent City within the public right-of-way and within utility easements in public and private properties. The types include (1) placement on streetlights and traffic signal control poles, and (2) new freestanding poles. An overview of the guidelines that apply to each type of facility is presented below. II. Findings and Declarations A. The reasonably regulated and orderly deployment of wireless telecommunications facilities in the public right-of-way is desirable, and unregulated or disorderly deployment represents a threat to the health, welfare, and safety of the community. B. The regulations of wireless installations are necessary to protect and preserve the aesthetic character of the community and to ensure that all wireless telecommunications facilities are installed using the least intrusive means possible. III. Severability If any provision of this chapter or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this extent, the provisions of this chapter are severable. The City council declares that it would have adopted this chapter irrespective of the invalidity of any portion thereof. IV. Approval Authority This section describes the role of the City Engineer, Public Works Department, Planning Commission, and City Council in the administration of this title. A. City Engineer. When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer’s behalf. The responsibilities of the City Engineer include the following: 1. Serve as the decision-making authority for approvals required by this title. 2. Establish application and facility design and construction details, standards, and specifications. 3. Determine if proposed facility and site comply with this title, the Crescent City Municipal Code, and any applicable State and Federal Laws. 4. Inspection of facility prior to, during, and post construction of any facility for compliance with and subject to approval under this title. B. Public Works Director. When necessary to carry out these responsibilities, the Public Works Director may designate and authorize a representative to act on the Director’s behalf. The responsibilities of the Public Works Director include the following: Planning Commission Review Draft, February 20, 2020  1. Review applications for compliance with city design requirements, as specified by this title. 2. Make a recommendation to the City Engineer on applications. C. Planning Commission. The responsibilities of the Planning Commission include the following: 1. Serving as the appeal body for decisions of the Public Works department and the City Engineer as required by this title. D. City Council. The responsibilities of the City Council include the following: 1. Serving as the appeal body for decisions of the Planning Commission as required by this title. V. Application This section establishes procedures for the preparation, filing, and processing of applications for approvals required by this title. A. Application preparation and filing. a. Application Review. The City shall review and act upon application materials in a manner consistent with any timeframes provided in controlling state or federal law, including valid regulations and orders promulgated by the FCC. b. Application contents. Applications shall be filed with all required fees, information, and materials as determined by the City Engineer. c. Application fees and deposits. The city may begin processing the application only after all required fees have been paid. Failure to pay any required supplemental application fees is a basis for denial or revocation of an application. d. Refunds and withdrawals. Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in reviewing and processing applications. Consequently, the city will not refund fees for a denied application. In the case of an application withdrawal, the City Engineer may authorize a partial refund of a deposit account based upon the prorated costs to date and the status of the application at the time of withdrawal. e. Applications deemed withdrawn. i. Response required. If an applicant does not pay required fees or provide information requested in writing by the city within 7 days following the date of written city notification, the application shall expire and be deemed withdrawn without any further action by the city. ii. Resubmittal. After the expiration or withdrawal of an application, future city consideration shall require the submittal of a new complete application and associated filing fees. VI. Appeals to the Planning Commission A. Within ten days following the date of a decision of the staff approval authority for approvals required by this title, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be made on a form prescribed by the planning commission and shall be filed with the secretary of said commission. The appeal shall state specifically where it is claimed that there was an error or abuse of ive discretion by city staff and wherein its decision was not supported by evidence in the record. B. Following the receipt of such an appeal application, the planning commission at its next regular meeting shall set a date of hearing at which time the applicant may make his presentation and shall at that time present to the commission the site drawings and structural renderings and all Planning Commission Review Draft, February 20, 2020  other data which was presented to staff, together with their arguments on said appeal. Should the planning commission find favor with the appeal, the commission shall order the secretary of the commission to sign the documents and date such documents and submit a copy to the applicant and one copy to the records of the planning commission. C. Should the decision of the planning commission be unfavorable to the applicant, the applicant may appeal such decision to the city council. VII. Preferred Support Structures A. When evaluating compliance with this chapter, the approval authority will take into account whether any or more preferred support structures are technically feasible and potentially available. All applicants for small wireless facilities must propose new wireless facilities on support structures within the public rights-of-way according to the following preferences, ordered from most preferred to least preferred: 1) New facilities on existing or replacement streetlights or existing or replacement traffic signal control poles; 2) New facilities on new streetlights; 3) New facilities on existing support structures other than those identified above; 4) New facilities on new support structures other than those identified above. VIII. Design Guidelines Applicable to All Small Wireless Facilities. To ensure minimizing visual impacts, small wireless facilities should be placed as follows: A. Installations should conceal to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses with regard to appearance, size, and location. B. All equipment and antenna should be shrouded and where possible behind any street signs located on the pole C. Only one small wireless facility is permitted per structure. C.D. A minimum distance of 150 feet is required between cell facility sites. D.E. Installations should be located on poles that are located outside of the driveway and intersection sightlines. Where feasible, installations shall be located on poles that are located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses. E.F. Equipment should be located entirely on the pole in a vertical arrangement. Exterior mounted accessory equipment should be within a single shroud not to exceed 9 cubic feet in volume (exclusive of the concealing elements like shrouding). Required meters and disconnect switches that are infeasible to be shrouded for safety and/or accessibility reasons are excluded from this shrouding recommendation. F.G. Accessory Equipment Siting. All equipment (other than the antenna, antenna supports, ancillary wires, cables, and any electric meter) shall be designed to not be visible to the maximum extent possible. When evaluating compliance with this section, the approval authority will consider whether other more preferred designs are technically feasible and other more appropriate sites potentially available. All applicants for a small wireless facility permit must propose accessory equipment designs according to the following preferences, ordered from most preferred to least preferred: 1) Underground installation; 2) Pole-mounted installation i. All equipment should be located within poles whenever possible; 3) Ground-mounted installation i. Ground-mounted installation of equipment is not permitted, unless: (a) the applicant demonstrates that pole-mounted or underground accessory equipment is not technically feasible and that no other site options reasonably exist that would Planning Commission Review Draft, February 20, 2020  support a small cellular facility, or (b) the City specifically finds that ground- mounted installation of equipment would be more aesthetically desirable and consistent with the objectives of these guidelines than underground or pole- mounted installation of accessory equipment. ii. Ground-mounted equipment may only be permitted in locations that do not obstruct pedestrian or vehicular traffic and if the approval authority finds that the above-ground equipment would not unreasonably interfere with the public's ability to use the right-of-way for uses that include without limitation travel, social, expressive and/or aesthetic uses. iii. The approval authority may condition approval based on new or enhanced landscaping to conceal ground-mounted equipment. G.H. All cables, wires and other connectors should be routed through conduits within poles whenever possible, and all external conduits, conduit attachments, cables, wires, and other connectors must be concealed from public view. H.I. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under existing and future FCC or other United States governmental agencies for compliance with radiofrequency emissions regulations. Radiofrequency notification signs should be placed where appropriate, and not at pedestrian eye level unless required by the FCC or other regulatory agencies. I.J. Ground-mounted electric meters are prohibited. J.K.Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Crescent City Municipal Code. K.L. Pole heights shall be minimized, but in no case shall the maximum height of any facilities exceed 35 feet. Pole height is measured from the top of the foundation, which should be flushed with the ground, to the top of the pole or top of the antenna, whichever is greater. L.M. Wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. All wireless facilities shall be constructed from graffiti-resistant materials. The approval authority may require additional concealment elements as the approval authority finds necessary to blend the security measures and other improvements into the natural and/or built environment. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures. M.N. All wireless facilities shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure or any other public health or safety facility. N.O. No person shall install, use or maintain any facilities (in whole or in part) that rest upon, in or over any public right-of-way, when such installation, use or maintenance: (1) endangers or is reasonably likely to endanger the safety of persons or property, or (2) when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or (3) When such facilities unreasonably interfere with or unreasonably impede the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, ingress into or egress from any residence or place of business, use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture and/or other objects permitted at or near the location where the wireless facilities are located. IX. Design Guidelines Applicable to Small Wireless Facilities on Streetlights And Traffic Signal Control Poles. Planning Commission Review Draft, February 20, 2020 An applicant proposing to attach to a Streetlight in the public right of way shall utilize one of the other designs specified herein. A. Equipment should be painted, treated or finished to match existing streetlight pole and traffic signal control pole aesthetics and materials in finish and color that are in the immediate vicinity of the proposed pole(s). B. The antenna should be mounted at the top of the streetlight pole or traffic signal control pole where the arm extends from the pole where feasible. C. The top of the antenna if top-mounted should be no higher than 48" above the top of the existing pole. D. All antennas should be shrouded. Antenna shroud should have an outer diameter of 15" or less and measure no more than five cubic feet in size. The shroud should be no more than 4 feet tall, including antenna, radio head, mounting bracket, and all other hardware necessary for a complete installation. E. Antenna shroud should be no more than 30 percent greater in diameter than the streetlight or traffic signal control pole it is attached to and the transition between the pole and the shroud should be tapered. F. All cables, wires, and other connectors should be hidden within the base and shaft of the streetlight or traffic signal control pole. Where this is not feasible, the equipment should be installed in an underground vault. X. Design Guidelines Applicable to Small Wireless Facilities on New Poles A. New poles are only permitted if: (a) the applicant demonstrates that above-ground support structures near the project site either do not exist or are not reasonably available to the applicant; or (b) the City specifically finds that a new, non-replacement support structure would be more aesthetically desirable and consistent with the objectives of these guidelines than installations on existing structures near the project site. B. Pole material and finishes should match the existing materials of the City standard streetlight poles. C. Poles should be functioning streetlights and designed to resemble existing standalone streetlights in the vicinity. D. When technically feasible, all antennas and associated equipment shall fit within the diameter of the poles with no exterior wires or conduit. If all antennas and equipment cannot fit within the pole for technical reasons, then the installation shall be subject to the standards above. E. Antennas should be mounted on the top of the pole. F. Relocated poles may be subject to guidelines in this section and their respective pole type section. XII. Siting Guidelines for Small Wireless Facilities A. Facilities shall not be located in front of business windows, primary walkways, primary entrances or exits, or in such a way that it would impede delivery to the building. B. Facilities should be located near shared property lines between two adjacent lots as much as possible or along a secondary rear property street frontage. C. Mid-block locations are preferred instead of at more visible corners and street intersections except if proposed on traffic signal control poles. D. New poles should be located in the parkway strip whenever possible and in alignment with existing trees, utility poles, and streetlights. E. New poles should be an approximately equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. F. A small wireless facility should be no closer than 300 150 feet away, radially, from another small wireless facility. G. Arterial streets are more preferable to local streets for the placement of small wireless facilities. Planning Commission Review Draft, February 20, 2020 XII. Engineering Design Standards Applicable to All Small Wireless Facilities The following engineering design standards apply: A. Separation of service should be provided by installing all-new electrical conduit(s) or utilizing existing empty conduit(s) with conduit owner's expressed consent in writing. B. A disconnect switch should be mounted on the pole. The bottom of the disconnect switch should measure 10 feet above grade. C. All the equipment, including the shroud, should be mounted to provide seven feet of clearance from the ground. D. For proposed facilities on streetlight or traffic signal control poles, a hand hole should be provided at the top of the pole to maintain fiber and electrical service for streetlights and future attachments. E. Pole foundation calculations should be prepared and stamped by a California professionally licensed structural engineer and should be provided to City for review. Pole foundation calculations should account for all new and existing pole attachments and the pole. F. Pole structural calculations, including seismic loads, showing the load impacts of the wireless facility on City streetlight and traffic signal control poles should be prepared and stamped by a California professionally licensed structural engineer and should be provided to the City for review. G. Design wind velocity should be 115 mph minimum per TIA-222 rev G, IBC 2012 with ASCE 710, and amendments for local conditions. H. For new freestanding poles, install eight 2-inch PVC (Schedule 40 or better) conduit sweeps to accommodate small wireless facilities (electrical and fiber) with up to four separate sweeps for future service. Planning Commission Review Draft, February 20, 2020  VI-B Attachment B STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all wireless permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals and applicable provisions of the Crescent City Municipal Code. All wireless facilities, whether approved by the approval authority or deemed approved or deemed granted by the law shall be automatically subject to the following standard conditions of approval: 1) Permit Term. This permit will automatically expire 20 years and one day from its issuance if a new permit has not been applied for in writing at least 120 days prior to permit expiration, except when California Government Code§ 65964(b), as may be amended or superseded in the future, authorizes Crescent City ("City") to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 2) Compliance with Approved Plans. Before the Public Works Department issues any encroachment permit and/or other ministerial permits required to commence construction in connection with this permit, the Permittee must incorporate this permit, all conditions associated with this permit and the approved photo simulations into the project plans (the "Approved Plans"). The Permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the Permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Public Works DirectorCity Engineer's ("Director'sEngineer's") prior review and approval, who may refer the request to the original approval authority if the EngineerDirector finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern. 3) Post-Installation Certification. Within 60 calendar days after the Permittee commences full, unattended operations of a wireless facility approved or deemed-approved under this chapter, the Permittee shall provide the EngineerDirector with documentation reasonably acceptable to the EngineerDirector that the wireless facility has been installed and/or constructed in substantial compliance with the Approved Plans. Subject to the Engineer Director's discretion, such documentation may include, but shall not be limited to, as-built drawings, site surveys, GIS data, and site photographs. 4) Timing of Installation. The installation and construction authorized by a wireless facility permit shall begin within one (1) year after its approval, or it will expire without further action by the City. The installation and construction authorized by a wireless facility permit shall conclude, including any necessary post-installation repairs and/or restoration to the right-of-way and/or public utility easement, within thirty (30) days following the day construction commenced. 5) Maintenance Obligations; Vandalism. The Permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape  features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. The Permittee shall keep the site area free from all litter and debris at all times. The Permittee shall remove and remediate any graffiti on the facility within 24 hours of being notified of its appearance. This condition also gives the City of Crescent City consent to having the graffiti painted out for the permittee. If the graffiti is not removed within 24 hours of being notified, the City's graffiti removal vendor will be instructed to remove the graffiti and provide a detailed accounting of the cost to the property owner, who will be responsible for reimbursing the City for the graffiti removal. 6) Compliance with Laws. The Permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the Permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to radiofrequency ("RF") emissions. The Permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the Permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Crescent City Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or Permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Crescent City Municipal Code, any permit, any permit condition or any applicable law or regulation. 7) RF Exposure Compliance. All facilities must comply with all standards and regulations of the Federal Communications Commission ("FCC") and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, the Permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. Testing results shall be submitted to the approval authority. 8) Adverse Impacts on Other Properties. The Permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the Permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The Permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Crescent City Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent actual, immediate harm to property, persons, or any work during an emergency declared by the City. The EngineerDirector or the EngineerDirector’s designee may or any issue work a stop during work an order emergency for any activities that violate this condition. 9) Backup Power; Generators. The Permittee shall operate backup power generators only during (a) commercial power outages or (b) for maintenance purposes during normal construction hours in accordance with the Crescent City Municipal Code. The EngineerDirector may approve a temporary power source and/or generator in connection with initial construction, major repairs or in the event of an emergency. The Permittee shall not operate any permanent backup generators located in the public right-of-way or public utility easement. 10) Inspections; Emergencies. The Permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the Permittee, or at any time during an emergency. The City's officers, officials, staff or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The Permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 11) Permittee's Contact Information. The Permittee shall furnish the EngineerDirector with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, mailing address, and email address. The Permittee shall keep such contact information up-Iodate at all times and immediately provide the EngineerDirector with updated contact information in the event that either the responsible person or such person's contact information changes. 12) Indemnification. The Permittee shall defend, indemnify and hold harmless the City, City Council, and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("Claims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and (2) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the Permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the Permittee and shall reasonably cooperate in the defense. The Permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or Permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The Permittee expressly acknowledges and agrees that the Permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this permit and that such indemnification obligations will survive the expiration or revocation of this permit. 13) Performance Bond. Before the Public Works Department issues any encroachment permit and/or other ministerial permits required to commence construction in connection with this permit, the Permittee shall post a performance bond from a surety and in a form acceptable to the EngineerDirector in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code §65964(a), the EngineerDirector shall take into consideration any information provided by the Permittee regarding the cost to remove the wireless facility to a  standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. 14) Recall to Approval Authority; Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 15) Record Retention. The Permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the Permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the Permittee. The Permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City-controlled copies or records and the Permittee's electronic copies, and complete originals will control over all other copies in any form. 16) Undergrounded Utilities. In the event that other public utilities or cable television operators in the public right-of-way underground their facilities where the Permittee's wireless facility is located, the Permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the Permittee's sole cost and expense except as reimbursed pursuant to law. 17) Electric Meter Removal. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the Permittee on its own initiative and at its sole cost and expense shall apply to the City for permission to remove the separate or ground-mounted electric meter and enclosure and restore the affected area to its original condition. 18) Rearrangement and Relocation. The Permittee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City (collectively, "City Work"). The City reserves the right to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this permit. In the event that the EngineerDirector determines that any City Work will require the Permittee's facility to be rearranged and/or relocated, the Permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the Permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the Permittee's facility within a reasonable time after the Engineer Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the Permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the Permittee's facility without prior notice to Permittee when the EngineerDirector determines that the City Work is immediately necessary to protect public health or safety. The Permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement  and reasonable documentation to support such costs is provided. In addition, the Permittee shall indemnify, defend and hold the City, its agents, officers, officials, employees and volunteers harmless from and against any claims in connection with rearranging or relocating the Permittee's facility, or turning on or off any water, oil, gas, electricity or other utility service in connection with the Permittee's facility. 19) Damage to Public Property. The Permittee shall promptly restore the surface or subsurface of the right-of-way or public property and/or repair or replace the surface, subsurface, and/or public improvement thereon, therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer for damage or disturbance caused by the wireless facilities. If Permittee does not repair the damage or disturbance as just described, then City shall have the option, upon fifteen (15) days prior written notice to Permittee, to perform or cause to be performed such reasonable and necessary work on behalf of Permittee and to charge Permittee for the actual and reasonable costs incurred by the City at City's standard rates. a. Exception. If the damage or disturbance caused by the wireless facilities present a public safety or hazardous concern as deemed by the City Manager, Fire Chief, Police Chief, City Engineer, or Public Works Director or designee, the City reserves the right to make repairs immediately and to charge Permittee for all actual and reasonable costs incurred by the City. The City shall have the right to disable, alter, relocate, sever, disrupt, remove, tear out, dig-up, or otherwise damage wireless facilities of the Permittee. The City shall inform Permittee of any actions taken and Permittee shall remove its equipment. Notwithstanding the above, before any such actions are taken, the City shall notify Permittee to give notice of the emergency or immediate hazard or dangerous condition. i. In the event of an action taken by City, neither the City nor any agent, contractor, or employee of the City shall be liable to Permittee or its Contractors or its customers or other third parties for any harm so caused to them by the reasonable actions of the City or its agents, contractors, or employees in responding to such public hazard or dangerous condition. When practical and if possible, City will consult with Permittee in advance to assess the necessity of such actions and to minimize, to the extent practicable under the circumstances, damage to and disruption of either the public property involved or the wireless facilities involved. Following notice from the City, Permittee shall reasonably cooperate with the City, at no expense to City, to remedy the hazard and secure the route area. ii. In the event of an emergency discovered by the Permittee, Permittee shall notify the City immediately. 20) Public Emergency Disruption. In the event of a public emergency, the City will have the right to immediately perform, without prior written notice to Permittee, reasonable and necessary work on behalf of Permittee to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to the Permittee of the repairs as soon as practicable after the work has begun. Permittee agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation, and/or removal work, it shall be entitled to seek payment for such actual and reasonable repairs, relocation, and/or removal costs from Permittee and may draw upon a performance bond and/or Deposit in full or partial satisfaction of such costs, if payment is  not made by Permittee. The Public Works DirectorCity Engineer or their designee shall have the authority to designate a public emergency. 21) Landscaping. The Permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the Permittee or at the Permittee's direction on or about the site. In the event that any trees are damaged or displaced, the Permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only ISA Certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). The box size and other standards for any replacement trees shall be subject to the Engineer Director's approval in consultation with the licensed arborist. The Permittee shall, at all times, be responsible to maintain any replacement landscape features. 22) Demand for Payment. Upon the receipt of a demand for payment by City, Permittee shall promptly reimburse City for actual and reasonable costs. Failure to pay will entitle the City to draw upon the performance bond and/or deposit within thirty (30) days of the demand for payment. 23) Encroachment Permit General Conditions. Encroachment Permits shall be obtained by the Permittee. The Permittee shall comply with Crescent City's Encroachment Permit General and Special Conditions. 24) Building Permit Requirement. A building permit shall be obtained by the Permittee pursuant to Crescent City Municipal Code Title 15 for small wireless facilities within utility easements in public and private properties. 25) Public Noticing. All residences and/or businesses impacted by project construction are to be notified in writing at least 48 hours in advance describing work schedule, including dates, time frames, and on-site project manager name and cell phone number prior to commencing work. 26) Traffic Control. Traffic control shall conform to the requirements of the most current edition of the California Manual on Uniform Traffic Control Devices published by Caltrans. Traffic control shall be in conformance with Caltrans' Standard Plans for Traffic Control. 27) Traffic Control Plans ("TCPs"). Site-specific TCP's are required to be submitted for review a minimum of ten (10) business days prior to the scheduled start date. TCP's shall be signed by California licensed traffic engineer. 28) Underground Service Alert (USA). Forty-eight (48) hours before commencing work, the Permittee shall contact Underground Service Alert (USA) at 1-800-227-2600 to verify elevations and locations of all existing utilities 29) Private Sewer Laterals and Water Services. The permittee is to take precautions to locate and protect private sewer laterals and water services from damage during construction. In the event any water or sewer service damage is discovered, the Permittee shall immediately contact the City's Public Works Department to coordinate the repair work. The Permittee shall reimburse the City for all costs and expenses in connection with damage repair work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs is provided. If new facilities are being installed by the boring method the Permittee is also required to video inspect any water, sewer, and storm mains that are crossed by their facilities as part of this project, a copy of this video is to be provided to the City. 30) Commencement of Operations. The operation of the approved facility shall commence no later than one (1) month after the completion of the installation, or the wireless facility permit will expire without further action by the City. 31) Noninterference. The Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless facility permit, the Permittee shall provide the City with documentation establishing to the City's satisfaction that the Permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or public utility easement to be affected by Permittee's facilities. 32) No Right, Title, or Interest. The permission granted by a wireless facility permit shall not, in any event, constitute an easement on or an encumbrance against the public right-of-way or public utility easement. No right, title, or interest (including franchise interest) in the public right-of-way or public utility easement, or any part thereof, shall vest or accrue in Permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. 33) Agreement with City. If not already completed, Permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such an agreement. 34) Abandonment. If a facility is not operated for a continuous period of 6 months, the wireless facility permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the 6 month period (i) the approval authority has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation or the Permittee has notified the approval authority of its intent to vacate the site, the Permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the approval authority. The Permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at Permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned but will not be effective for the entirety thereof until all users cease use thereof. 35) Attorney's Fees. In the event, the City determines that it is necessary to take legal action to enforce any of these conditions or to revoke a permit, and such legal action is taken, the Permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved unless the City should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the Permittee prevails in the enforcement proceeding. 36) No Waiver of Standing. The City's grant of a permit for a small wireless facility request does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.