Promote and protect public health and safety, community welfare, visual and environmental resources, and the unique visual character and quality of the city consistent with the goals, objectives and policies of the General Plan;

Preserve and promote harmonious land uses;

Provide for the orderly, managed, and efficient development of wireless communications facilities in accordance with the state and federal laws, rules, and regulations;

Acknowledge the community benefit associated with the provision of communication services and ensure that a broad range of wireless communication facilities is provided to serve the community and to serve as an important part of the City's emergency response network;

Provide incentives for well-designed and well-placed facilities.

Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules;

Unreasonably discriminate among providers of functionally equivalent services;

Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radiofrequency emissions to the extent that such wireless communication facilities comply with the Federal Communications Commission's (FCC) regulations concerning such emissions;

Prohibit any collocation or modification that the City may not deny under federal or state law; or

Otherwise authorize the City to preempt any applicable federal or state law.

Wireless communication facilities owned and operated by the City or any other agency of the state for public purposes;

Authorized amateur radio service facilities requiring a license issued by the FCC to operate (i.e., a "HAM" radio transmission), including antenna structures, except as specifically set forth in CMC § 17.54.090, Amateur radio service installations;

Any OTARD devices;

Wireless communication facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and

Wireless communication facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

Compliance with any permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this section.

Applicants shall ensure applications demonstrate compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes and all FCC rules for human exposure to RF emissions.

The City Council further authorizes the Director to establish other reasonable rules related to permit processing as the Director deems necessary to manage the application intake process. All such rules must be in written form and publicly available to all applicants.

All Applications. An application for a wireless communication facility use permit shall include:

Application for Location on City Property or Right-of-Way. An applicant for a wireless communication facility proposed to be located on City property or in a public right-of-way shall, in addition to the items identified in subsection (E) of this section, submit the following additional items: all materials required for a nonroutine encroachment permit as delineated by CMC § 12.08.070.

General Notice Requirements. Public notice in accordance with the provisions in Chapter 17.40 CMC shall be required for all permit applications.

Deemed-Approval Notice. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to any public notice required in Chapter 17.40 CMC, Use Permits, an applicant for a use permit must provide a posted notice at the project site that states the project will be automatically deemed approved pursuant to California Government Code Section 65964.1 unless the City approves or denies the application or the parties toll the timeframe for review within the next 30 days. The public notice required under this section will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site.

Decision Notices. Within five days after the approval authority acts on an application for a use permit or before the FCC shot clock expires (whichever occurs first), the approval authority or its designee shall send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the decision.

Required Findings for Approval.

Conditional Approvals – Denials. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any application for a use permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this section, the Calistoga Municipal Code or the General Plan. In conjunction with any denial, the approval authority shall issue a written decision stating the reasons therefor.

Limited Waiver to Avoid Prohibitions on Service. In the event that an applicant claims that strict compliance with the site location guidelines in CMC § 17.54.060, Location and configuration preferences, or the development standards and regulations in CMC § 17.54.070 (development standards and regulations for all wireless communication facilities, freestanding wireless communication facilities, and building-mounted wireless communication facilities) would prohibit or effectively prohibit the applicant's ability to provide personal wireless services, the approval authority may grant a limited waiver from such requirements only to the minimum extent necessary to prevent such prohibition or effective prohibition, provided the approval authority finds the following:

Any person adversely affected by an administrative use permit decision pursuant to this chapter or a decision regarding an encroachment permit for a wireless facility issued under Chapter 12.08 CMC may appeal such decision. The appeal will be considered by the Planning Commission. The Planning Commission may decide the issues de novo and the decision will be the final decision of the City.

Where the approval authority grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, any appeals must be filed within two business days of the written decision of the approval authority, unless the approval authority extends the time therefore. An extension to file an appeal may not be granted where extension would result in approval of the application by operation of law.

Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.

Appeals from an approval will not be permitted on the basis of the environmental effects of the radiofrequency emissions of the proposed facility, unless the appeal specifically identifies that the proposed facility does not meet regulations established by the FCC regarding such emissions.

Unless otherwise modified by this section, appeals of decisions of the Planning Commission shall be in accordance with Chapter 1.20 CMC, Appeals.

Permit Term. The permit will automatically expire 10 years from its issuance, except where the approval authority establishes a shorter term due to specific public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to the permitted 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. An administrative use permit issued to authorize installation of an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 shall not be deemed to extend the term of any underlying permit for the originally permitted wireless communication facility.

Permit Expiration. At the end of the term, the permit shall automatically expire, unless an extension or renewal has been granted. A person holding a permit must either: (a) remove the wireless facility within 30 days following the permit's expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (b) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility may remain in place until it is acted upon by the City and all appeals from the City's decision exhausted.

Strict Compliance with Approved Plans. Before the permittee submits any applications to the Building Department, 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 strict 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 Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the approved plans or implicates a significant or substantial land-use concern.

Build-Out Period. This permit will automatically expire one year from the approval or deemed-granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant one written extension to a date certain, not to exceed one additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the expiration date in this condition.

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, 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.

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 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 Calistoga 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 Calistoga Municipal Code, any permit, any permit condition or any applicable law or regulation.

Radiofrequency Compliance Evaluations. All facilities must comply with all applicable standards and regulations of the FCC and any other state or federal government agency with the authority to regulate radiofrequency emissions. After completion of construction, but prior to unattended operations of the facility, on-site post-installation RF emissions testing shall be performed by a qualified professional (as identified by the City) to demonstrate actual compliance with applicable FCC limitations, including the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled radiofrequency 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 radiofrequency emissions no longer exceed the uncontrolled/general population limit.

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 under this 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 may issue a stop work order for any activities that violates this condition.

Permittee's Contact Information. The permittee shall furnish the Director 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, 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 with updated contact information in the event that either the responsible person or such person's contact information changes.

Indemnification. The permittee shall defend, indemnify and hold harmless the City, City Council and its commissions, agents, officers, officials, employees, and volunteers from any and all (a) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, law suits, 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 (b) 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', Director's, 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.

Performance Bond. Before the Building Department issues any construction permit in connection with this permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100 percent of the cost of removal of the facility. The bond or security required by this section shall be in a form acceptable to the Director 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 communication facilities removal. In establishing the amount of the security, the Building Department shall take into consideration information provided by the permit applicant regarding the cost of removal.

Permit Revocation. In accordance with CMC § 17.40.050, 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.

Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance for bodily injury and property damage, including coverage for property/premises liability and completed operations, with limits acceptable to the Director. The relevant policy or policies 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.

As-Built Drawings. The permittee shall submit an as-built drawing within 90 days after installation of the facility.

Conflicts with Improvements. For any portion of a facility located within the City right-of-way, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.

Noninterference. 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.

Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

Encourage Collocation. Where the 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, the permittee shall allow collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.

Abandonment. If a facility is not operated for a continuous period of 90 days, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the period (a) the Director has determined that the facility has resumed operations, or (b) the City has received an application to transfer the permit to another service provider. No later than 90 days from the date the facility is determined to have ceased operation or the permittee has notified the Director 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. 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 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 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.

Lease or Master License Agreement. Wireless facilities located on City-owned property, except in the right-of-way, shall enter into a lease agreement with the City. Small cell facilities located on City-owned infrastructure in the public right-of-way shall enter into a master license agreement (MLA) with the City.

Collocations on roofs already containing roof-mounted wireless communication facilities;

New installations on existing roofs;

Collocations with existing building-mounted wireless communication facilities, which includes light standards and other utility structures;

New installations on existing buildings, which includes light standards and other utility structures;

Collocations with existing wireless communication facilities on an existing pole or utility pole;

Collocations with existing wireless communication facilities on electric transmission towers;

Collocations with existing freestanding wireless communication facilities;

New installations on existing electric transmission towers;

New freestanding wireless towers; and

New installation on a new pole or utility pole;

Installations on an existing pole or utility pole; and

Installation on a new pole or utility pole.

City-owned property or structures outside the public rights-of-way;

City-owned property and the public rights-of-way adjacent to nonresidential zoning districts;

Industrial zones;

Commercial zones;

Open space zones;

Public rights-of-way adjacent to residential zoning districts;

Any location within the Downtown Commercial Zoning District, within a designated Character Area or Gateway Area, within 300 feet of a residential dwelling located in a zoning district in which dwellings are a permitted use, or attached to a light standard are the least preferred locations unless they are entirely camouflaged in accordance with the definition found in CMC § 17.54.020; and

Residential zones.

Within a building or structure;

Located underground;

In a rear yard if not readily visible from surrounding properties and the roadway;

On a screened rooftop area or structure; and

Any other location.

Basic Requirements. The design and development standards set forth in this section apply to all wireless communications facilities no matter where they are located. Wireless communications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.

Antennas. Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.

Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color. All ground-mounted equipment shall be covered with a clear antigraffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.

Signage – Advertisements.

Lighting. No wireless communications facility may include artificial lighting unless either specifically required by the Federal Aviation Administration (FAA) or other government agency. Legally required lightning arresters and beacons shall be included excluded when calculating the height of facilities such as telecommunications towers, lattice towers, and monopoles.

Noise.

Security. Each wireless communications facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The approval authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within an enclosure designed to mimic a trash-can corral rather than within a chain link fence.

Backup Power Sources.

Future Collocations and Equipment. To the extent feasible, all new wireless communication facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated with the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance.

Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless communication facilities. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

Electromagnetic and Radiofrequency Radiation. The applicant shall provide certification by a duly licensed engineer that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radiofrequency radiation established by the FCC.

Interference. Interference with city communication systems is prohibited. All proposed facility applications shall include reports, as required by the Department of Public Safety, to evaluate for potential interference (e.g., HF, UHF, VHF, 800 mHz).

Compliance with Laws. All wireless communication facilities must be designed and sited in compliance with all applicable:

Modification. At the time of modification of a wireless communications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

Design Guidelines. All new wireless facilities and collocations, modifications, or other changes to existing wireless facilities must conform to any design and development standards adopted by resolution of the City Council.

Administrative Application Requirements and Design Guidelines. The Director may develop and from time to time amend application forms and requirements and develop administrative design guidelines; provided, that such guidelines are consistent with the generally applicable development standards and any facility-specific development standards in this section, in order to supplement and clarify the standards in this section for City staff, applicants and the public. The Director shall publish such guidelines in advance of their effective date.

Basic Requirements. In addition to the requirements in CMC § 17.54.070(A), Development Standards and Regulations for all Wireless Communication Facilities, all new wireless communication facilities located outside of the public right-of-way that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.

Macrocell Facility Separation and Location Requirements. Macrocell facilities must be separated as follows:

Maximum Number of Macrocell Facilities Per Parcel. A maximum of four macrocell facilities may be installed on a parcel.

Concealment. Wireless communication facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into or screen the facilities from the natural and/or built environment in a manner consistent and/or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity. Concealment methods may include:

Landscaping.

Parking – Access. Any equipment or improvements constructed or installed in connection with any wireless communication facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless communication facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use. New parking or access improvements shall be prohibited in the open space for agriculture and resource management and open space for environmental conservation districts.

Accessory Equipment. Accessory equipment located within the front or side yard shall be located to be screened by landscaping and placed in close proximity to existing above ground utilities (such as electrical tower or utility poles), light poles, trees of comparable height, water tanks, and other areas where the ground-mounted facility will not detract from the image or appearance of the City.

Basic Requirements. In addition to the requirements in CMC § 17.54.070(B), Development Standards and Regulations for all Wireless Communication Facilities, and CMC § 17.54.070(C), Development Standards and Regulations for all Wireless Communication Facilities Located Outside of the Public Right-of-Way, all new freestanding wireless communication facilities located outside of the public right-of-way that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.

Monopoles and Towers.

Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount nonantenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors subject to the approval authority's prior approval.

Ground-Mounted Equipment – Shelters. All ground-mounted equipment must be concealed underground or within an existing or new structure, opaque fences, or other enclosures subject to the approval authority's prior approval. Ground-mounted enclosures shall incorporate concealment elements to blend the ground-mounted equipment and other improvements into the natural and/or built environment.

Height. All freestanding wireless communication facilities shall be of a minimum functional height. The maximum heights for these facilities shall be 35 feet, unless located in a nonresidential zone, or located in the public right-of-way not adjacent to a residential zone. In such cases, the maximum height shall be 60 feet.

Setbacks.

Screening. All freestanding wireless communication facilities shall be sited to be screened by existing development, topography, or vegetation, to the extent feasible. Ground-mounted facilities are encouraged to be located within buildings, underground, or in areas where substantial screening by existing buildings or vegetation can be achieved.

Basic Requirements. In addition to the requirements in CMC § 17.54.070(B), Development Standards and Regulations for all Wireless Communication Facilities, and CMC § 17.54.070(C), Development Standards and Regulations for all Wireless Communication Facilities Located Outside of the Public Right-of-Way, all new building-mounted wireless communication facilities that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.

Preferred Concealment Techniques. All applicants should, to the extent feasible, propose wireless communication facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys, and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.

Facade-Mounted Equipment. When wireless communication facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade-mounted equipment in accordance with this section. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. The approval authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible.

Rooftop-Mounted Equipment.

Height.

Basic Requirements. In addition to the requirements in CMC § 17.54.070(A), Development Standards and Regulations for all Wireless Communication Facilities, all new and substantially changed wireless communication facilities located within the public right-of-way and that are not an eligible facilities request or a collocation facility subject to California Government Code Section 65850.6 must conform to the requirements in this section.

Antennas.

Poles.

Space Occupied. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

Location.

Accessory Equipment. With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground to the extent feasible. When above-ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged.

Concealment. All wireless communication facilities in the right-of-way must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. In addition, wireless communication facilities in the rights-of-way may not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.

Americans with Disabilities Act Compliance. All facilities shall be built and located in compliance with the Americans with Disabilities Act (ADA) and any applicable state law accessibility standards.

Documentation. The applicant shall provide documentation satisfactory to the Director establishing compliance with this section.

General Requirements for Temporary Wireless Communication Facilities. Except as provided in subsection (F)(2) of this section, Temporary Wireless Communication Facilities for Emergencies, the requirements, procedures and standards in this section shall be applicable to all applications for a temporary conditional use permit for a temporary wireless facility.

Temporary Wireless Communication Facilities for Emergencies. Temporary wireless communication facilities may be placed and operated within the City without a temporary use permit only when a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless communication facilities placed pursuant to this section must be removed within 15 days after the date the emergency is lifted. Any person or entity that places temporary wireless communication facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable.

Applicability. This section applies to all collocations or modifications to an existing wireless facility.

Approval Required. An eligible facilities request shall be subject to the Director's approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.

Other Regulatory Approvals. Approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.

Application Requirement. The City shall not approve any eligible facilities request except upon a duly filed application consistent with this section and any other written rules the Director may establish from time to time consistent with applicable federal law. The first procedural step shall be for the applicant to provide a written statement that explains in plain factual detail the basis under which the proposed project qualifies as an eligible facilities request along with the applicable fee to the Director. As part of this written statement the applicant must also explain in detail and provide evidence that: (a) the support structure qualifies as an existing tower or existing base station; and (b) the proposed collocation or modification does not cause a "substantial change," as defined in 47 C.F.R. Section 1.6100(b)(7), as may be amended, to an eligible support structure. Bare conclusions without factual support shall not meet the requirements of this section. An application for a wireless communications collocation facility under California Government Code Section 65850.6(a) shall be processed in the same manner as an application for an eligible facilities request is processed, except that where the process requires justification for the approval of an eligible facilities request, the applicant shall instead provide the justification for a collocation facility under California Government Code Section 65850.6(a), and shall also describe or depict the wireless communications collocation facility as built and the proposed collocation facility at full build-out, including, but not limited to, all antennas, antenna support structures, and accessory equipment.

Presubmittal Conference. Before any application submittal, applicants are encouraged, but not required, to schedule and attend a preapplication meeting with the Director for all proposed modifications submitted for approval.

Administrative Review for Eligible Facilities Request. The Director shall administratively review an application for an eligible facilities request and act on such an application without prior notice or a public hearing within the time periods required pursuant to applicable FCC regulations, including 47 C.F.R. Section 1.6100, as may be amended.

Required Findings for Approval of an Eligible Facilities Request. The approval authority shall approve or conditionally approve an application submitted for an eligible facilities request when the approval authority finds that the proposed project qualifies as an eligible facilities request, and does not result in a substantial change to an eligible support structure, as set forth in 47 C.F.R. Section 1.6100(b)(7), as may be amended.

Required Findings for Approval of a Collocation Facility Under Section 65850.6. The approval authority shall approve or conditionally approve an application submitted for a collocation facility under California Government Code Section 65850.6 if:

Supplemental Conditions of Approval. In addition to all other conditions set forth in CMC § 17.54.050, all approvals for an eligible facility request shall be subject to the following supplemental conditions set forth in this section:

No Waiver. The City's grant of a permit for a small cell facility does not waive, and shall not be construed to waive, any ability of the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

All wireless communication facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within five business days, unless the condition of the facility is considered by the Director to be a public safety emergency. In the case of a public safety emergency then the time limit to complete repairs and restoration is 48 hours. The time period shall commence:

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial camouflage, and the facility site, shall be maintained in good condition, including ensuring the facilities are reasonably free of:

All trees, foliage, or other landscaping elements approved as part of the facility shall be maintained in good condition at all times in accordance with the approved landscape plan, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director or designee.

Monopoles concealed by foliage must be maintained over time to provide for the continuing concealment of the facility. Replacement leaves and branches must match the color and architecture of the existing foliage.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radiofrequency emissions standards.

Each facility shall be operated and maintained to comply at all times with the noise regulations of this section and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Director. Backup generators, if permitted, shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.

Each facility shall not interfere with City communication systems.

If a flagpole is used for camouflaging a wireless communications facility, flags shall be flown and shall be properly maintained at all times.

Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.

A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications services for 90 or more consecutive days.

The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 30 days of ceasing or abandoning use. For facilities to be located on public property, this removal requirement, and appropriate bonding requirement, shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner may be held responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease.

Permittee's Removal Obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Calistoga Municipal Code, and be grounds for:

Removal of Facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Calistoga Municipal Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City due to exigent circumstances.

That the antenna structures, including antennas, guy wires, support structures and accessory equipment shall be located, sized and designed so as to minimize the amount of the antenna that is visible from surrounding properties, public streets and all public rights-of-way, recognizing that complete screening may not be possible; and

That the proposed height or number of installations will not pose a public safety hazard; and

That issuance of a use permit is necessary to reasonably accommodate the desire for communication using the amateur radio service, and this desire cannot be sufficiently accommodated by a single antenna structure meeting the height limits of the applicable zoning district.