23.332.040 Minimum Application Requirements.
A. Section Purpose. This section establishes limited additional application submittal requirements for wireless telecommunications facilities. The purpose of these requirements is to ensure that the purposes of this chapter are implemented to the extent permitted by the Telecommunications Act of 1996.
B. Application Requirements. In addition to meeting the standard application submittal requirements for permits shown in Chapter 23.404 (Common Permit Requirements), wireless telecommunication facility applications required this chapter shall include the following information:
1. Coverage Map and General Information.
(a) A narrative description and map showing the coverage area of the provider’s existing facilities that serve customers in Berkeley and the specific site that is the subject of the application.
(b) A statement of the telecommunications objectives sought for the proposed location, whether the proposed facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant’s service area, whether it is the least intrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.
(c) An AUP application need not include information as to whether the proposed facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant’s service area.
2. Technical Information.
(a) Copies of or a sworn statement by an authorized representative that the applicant holds all applicable licenses or other approvals to construct the proposed facility required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the Federal or State government with authority to regulate telecommunications facilities.
(b) Documentation of or a sworn statement by an authorized representative that the applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless telecommunications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.
3. Visibility.
(a) A site plan, plans, and elevations drawn to scale.
i. Plans shall include microcell, facade- or roof-mounted antennas, and all related equipment.
ii. Elevations shall include all structures on which facilities are proposed to be located.
(b) A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials, and colors, and an explanation of the measures by which the proposed facility will be camouflaged or made not readily visible.
(c) Where any part of the proposed facility would be readily visible, the application shall include an explanation as to why it cannot be screened from view.
(d) A visual impact analysis including scaled elevation diagrams within the context of the building, before and after photo simulations, and a map depicting where the photos were taken.
(e) The Zoning Officer may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility.
(f) If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not feasible.
4. Peer Review.
(a) The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or RFR studies ("approved engineer") retained by the City to peer review the information provided in response to Sections 23.332.040.B.2 and 3.
(b) The application shall include an agreement to pay the reasonable actual cost and a reasonable administrative fee for hiring an approved engineer to provide peer review.
(c) Any proprietary information disclosed to the City or its engineer in confidence shall not be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant.
(d) The City and/or its engineer shall return all proprietary information to the applicant and shall not retain any copies of such information once its decision is final.
5. Monitoring. An agreement to pay a reasonable one-time or annual fee for independent monitoring as required by this chapter.
6. Statement of Financial Assurances. A statement that before obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility if that its use is abandoned or the approval is otherwise terminated.
7. Noise. The Zoning Officer may require information concerning noise that might be generated by equipment associated with a wireless telecommunication facility, such as air conditioning equipment, if the physical circumstances of the proposed facility suggest that such noise may be detrimental. (Ord. 7787-NS § 2 (Exh. A), 2021)