Type 1 — Collocation by Right Facilities (Government Code Section 65850.6). Design review approval is required for collocation facilities when proposed on a wireless communications collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communication collocation facility in compliance with CEQA, and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

Type 2 — Eligible Facilities Requests (EFR). Design review approval is required for eligible facilities requests.

Type 3:

Type 4 — Major Wireless Communications Facilities. Applications for wireless communications facilities that do not qualify under any of the other categories listed in Subsection (a)(1) through (3), are considered major wireless communications facilities and require a conditional use permit.

Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.

Noise. Wireless communications facilities and all accessory equipment and transmission equipment must comply with the City's noise limits in Title 5, Chapter 2.

Lighting. No wireless communications shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area properties.

Signs. No wireless communications facility may display any signage or advertisement unless it is expressly allowed by the City with a written approval, recommended under FCC regulations, or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the owner's unique site number and a local or toll-free telephone number to contact the facility owner's operations center.

Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site.

Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing support structure/facility.

Materials. The materials used shall be non-reflective and non-flammable.

Undergrounding Utilities Required. Electrical and communications conduit and wiring shall be placed underground.

Site Selection. Sites for wireless communications facilities shall be selected according to the following order of preference:

Placements on Existing Structures. The City encourages placement of wireless communications facilities on appropriate existing structures and towers subject to reasonable engineering requirements.

Rooftop Facilities. All rooftop wireless communications facilities and equipment shall be screened and not be visible from public view.

Setbacks. The facility shall not be located within any front, side, or street-side setbacks in any zoning district and shall not extend beyond the property lines. In zoning districts that do not have setbacks, the facility shall not be located within a minimum of 20 feet of any front property lines and a minimum of 10 feet of any side or rear property lines.

Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone facilities shall use designs that are compatible and blend in with the surrounding area, for example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective.

Compliance. All wireless communication facilities shall also comply with all applicable requirements of State and Federal law.

Minimum Application Requirements. The following are the minimum criteria applicable to all wireless communications facilities, unless noted otherwise.

Technical Consultant. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. The cost of the consultant will be at the applicant's expense.

Public Notice.

Incompleteness. Applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. If such an application is incomplete, the Director, or their designee, may notify the applicant in writing, and specifying the material omitted from the application.

Type 1, 2, and 3. The Director, or their designee, shall be the decision-making authority for wireless communications facilities that are Type 1, 2, and 3. A public hearing is not required.

Type 4. The Commission shall be the decision-making authority for wireless communications facilities that are Type 4. A public hearing is required.

Type 1, 2, and 3. Any person adversely affected by the decision of the Director, or their designee, pursuant to this article may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.2008.

Type 4. Any person adversely affected by the decision of the Commission pursuant to this article may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.1901.

Findings for Type 1. The criteria specified in Section 9-2.2005, do not apply. The Director, or their designee, shall make the following findings:

Findings for Type 2. The criteria specified in Section 9-2.2005, do not apply. The Director, or their designee, shall make the following findings:

Findings for Type 3. The Director, or their designee, shall make the following findings:

Findings for Type 4. The Commission shall make the following findings:

Strict Compliance with Approved Plans. The wireless communications facility shall be constructed and maintained in strict conformity with the submitted and approved plans.

Permit Term. Except for Type 1 facilities, the permits for a wireless communications facility, expire 10 years from issuance and must be renewed in order to continue the use. Any other permits or approvals issued in connection with an application subject to this article, 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.

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 the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.

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 applicable to the permittee, the subject property, the wireless communications facility or any use or activities in connection with the use authorized in the permit, which includes without limitation any laws applicable to human exposure to RF emissions. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the City Code, any permit, any permit condition or any applicable law or regulation, the permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the City Code, any permit, any permit condition or any applicable law or regulation.

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. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not "adverse impacts" for the purposes of this condition. 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 hours authorized by the City Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director, or their designee, may issue a stop work order for any activities that violate this condition.

Inspections — Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City's officers, officials, staff or other designee 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 will be permitted to supervise the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.

Indemnification. The permittee, and their successors in interest, shall indemnify and defend the City and its officers, officials, staff or other designee from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defense of any lawsuit challenging the City's actions concerning this project.

Permittee's Contact Information. The permittee shall furnish the Director, or their designee, with accurate and up-to-date contact information for a person responsible for the wireless communications facility, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director, or their designee, with updated contact information in the event that either the responsible person or such person's contact information changes.

Performance Bond. Prior to the issuance of any construction permit in connection with a permit for a wireless communications facility, the permittee shall post a performance bond from a surety and in a form acceptable to the Director, or their designee, 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 communications facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include 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 communications facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws.

Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide 30 days' prior notice to the City of to the cancellation or material modification of any applicable insurance policy.

Abandonment. If a facility is determined by the Director, or their designee, not to be operating, the wireless communications facility authorized by the permit and any other permit or approval therefor shall be deemed abandoned and the permits terminated automatically, unless (i) the facility has resumed operations within 90 days from a written notice from the Director, or their designee; or (ii) the City has received an application to transfer the permit(s) to another service provider. No later than 30 days from the date the facility is determined to have been abandoned or the permittee has notified the Director, or their designee, 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 Director, or their designee. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been terminated 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 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.

Encourage Collocation. Where the wireless communications facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility and the City Code, the owner and operator of the existing facility shall allow collocation of third party facilities, provided the parties can mutually agree upon reasonable terms and conditions.

Records. Permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless communications 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 or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

Attorneys' 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 attorneys' 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 the permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

Permit Subject to Conditions of Underlying Permit. The City's grant or any approval deemed granted by operation of law of an eligible facilities request design review approval shall be subject to the terms and conditions of the existing permit for the subject tower or base station.

No Term Extension for Underlying Permit. The City's grant or deemed grant by operation of law of an eligible facilities request design review approval constitutes a Federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request design review approval will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

City's Standing Reserved. The City's grant or any approval deemed granted by operation of law of an eligible facilities request design review approval does not waive, and shall not be construed to waive, any standing by the City to challenge 47 U.S.C. Section 1455(a), any FCC rules that interpret 47 U.S.C. Section 1455(a) or any eligible facilities request.