Chino Hills City Zoning Code

CHAPTER 16

44 - WIRELESS COMMUNICATIONS FACILITIES AND EQUIPMENT11

Footnotes:

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Editor's note— Ord. No. 371, § 5(Exh. A), repealed Ch. 16.44, §§ 16.44.010—16.44.100, and enacted a new Ch. 16.44, §§ 16.44.010—16.44.150, as set out herein. The former chapter pertained to similar subject matter and derived from Ord. No. 292, § 22, adopted Nov. 24, 2015; and Ord. No. 302, § 3, adopted Nov. 8, 2016.

16.44.010 - Intent and purpose.

The purpose of these requirements and guidelines is to regulate the location and design of "wireless communication facilities" as defined in this chapter to protect the public safety, the general welfare, and the quality of life in the City of Chino Hills, including preserving the character of the neighborhood and avoiding aesthetic blight. The City Council has found and determined that these requirements and guidelines for wireless communication facilities are necessary to attain such purpose. These regulations establish minimum requirements and flexible guidelines for the governance of wireless communication facilities, taking into consideration the rapid technological advances and the proliferation in use of wireless communication services. The standards are intended to address adverse visual impacts and operational effects from these facilities through appropriate design, siting, screening techniques, and locational standards while providing for the communication needs of residents, local businesses, and government agencies. This chapter provides a mechanism to ensure that all wireless communication facilities shall be erected, located, modified, operated, and maintained at all times, in compliance with this chapter and all applicable laws and regulations of the City of Chino Hills, the State of California, and the United States of America. This chapter is not intended to, and does not, address or regulate health impacts associated with telecommunication projects.

The provisions of this chapter are not intended to, nor shall they be interpreted or applied to, (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory, or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or state law.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.020 - Definitions.

For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given in this section. The word "shall" is always mandatory and not merely advisory.

"Accessory building or structure" means an "accessory building or structure" as defined in Section 16.02.130 of the Chino Hills Municipal Code.

"Antenna" means an apparatus designed for the purpose of emitting radiofrequency (RF) signals, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a tower, structure, or building as part of the original installation of the antenna. For most wireless services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a tower, structure, or building.

"Antenna equipment" means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

"Antenna facility" means an antenna and associated equipment.

"Arterial street" means a street that is part of the principal system that serves the major centers of activity within the City and carries the highest traffic volumes. See Figure 2-1 of the general plan for the City of Chino Hills for specific street information.

"Base station" means the same as defined in 47 CFR § 1.6100(b)(1), as may be amended or superseded, and which, as of the date of adoption of this section, provides that "base station" means a structure or equipment at a fixed location that enables Federal Communication Commission (FCC) licensed or authorized wireless communications between user equipment and a communications network. This term does not encompass a tower or equipment associated with a tower.

"City property" means any property in which the City holds a legal interest, and/or any real property owned by, leased to, or under control of the City of Chino Hills, including, without limitation, the City public right-of-way.

"Collector street" means a street that provides traffic circulation and access within residential neighborhoods, commercial areas, and industrial areas. See City of Chino Hills General Plan Circulation Element for specific street information.

"Collocation" or "collocated" means the mounting or installation of an antenna facility on a pre-existing structure, or the modification of an existing structure for the purpose of mounting or installing an antenna facility on that structure. For purposes of an eligible facilities request, "collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

"Director" means the Community Development Director or designee.

"Eligible facilities request" means any request as defined in 47 USC § 1455(a) and 47 CFR § 1.6100, as amended from time to time and which, as of the date of adoption of this section, include any request for modification of an existing wireless tower or base station that involves (a) collocation of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment.

"Eligible support structure" means any tower or base station as defined in 47 CFR § 1.6100, provided that it is existing at the time the relevant application is filed with the State or local government under 47 CFR § 1.6100.

"Existing" means the same as defined in 47 CFR § 1.6100(b)(5), as may be amended and which, as of the date of adoption of this section, provides that a constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"Existing support structure" means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with City.

"FCC shot clock date" means the presumptively reasonable time frame, accounting for any tolling or extension, within which the City generally must act on a request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC in 47 CFR § 1.6003, as may be amended or superseded.

"Ground mounted" means mounted to a pole, lattice tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

"Lattice tower" means support structure which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section.

"Like-kind" means upgraded or replacement equipment which is substantially similar in appearance, dimension, and weight.

"Local street" means a street that primarily serves to provide direct access to abutting land and to the higher order classifications of streets.

"Major facility" means a wireless communication facility that is either ground mounted, or a structure specifically designed for a wireless communication facility.

"Major modification" means any request for modification of an existing tower or base station that is not an eligible facilities request (i.e. substantially changes the physical dimensions of such tower or base station). See the definition below for "substantial change."

"Minor facility" means a wireless communication facility that is attached to an existing structure, wall mounted, utility mounted, or roof mounted in such a manner that the entire mounted facility is screened by solid material on all sides and does not exceed the maximum height permitted by this chapter but not including "small wireless facilities."

"Monopole" means a single pole, supporting wireless communication equipment.

"Mounted" means any manner of attachment, support, or connection.

"Multipoint distribution service" means a commercial service that uses microwave transmission to deliver video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services.

"Personal wireless services" means the same as defined in 47 USC § 332(c)(7)(C)(i), as may be amended or superseded.

"Personal wireless service facilities" means the same as defined in 47 USC § 332(c)(7)(C)(ii), as may be amended or superseded.

"Project area" means the boundaries of the leased area or owned property surrounding the wireless communication equipment.

"Public right-of-way" or "PROW" means any public street, sidewalk, pedestrian path, bike path, or any "public way" as defined in California Streets and Highways Code section 18609 and any successor statute. The PROW also means and includes a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, without limitation, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The PROW does not include lands owned, controlled, or operated by the City for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City Hall and community center lands, City yards, lands supporting reservoirs, water towers, police or fire facilities, and non-publicly accessible utilities.

"Private right-of-way" or "private ROW" means any street, sidewalk, pedestrian path, or bike path that is not owned, controlled, or operated by the City.

"Radio communication" means the transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves.

"Replacement utility poles" means the construction of a replacement for an existing structure where all the following criteria are satisfied:

The original pole structure:

Is a pole that can hold utility, communications, or related transmission lines;

Was not originally erected for the sole or primary purpose of supporting antennas that operate pursuant to the Commission's spectrum license or authorization; and

The replacement pole structure:

Is located no more than ten (10) feet away from the original pole, based on the distance between the centerpoint of the replacement pole and the centerpoint of the original pole, unless otherwise determined by the City Director of Public Works; provided that construction of the replacement pole in place of the original pole entails no new ground disturbance (either laterally or in depth) outside previously disturbed areas, including disturbance associated with temporary support of utility, communications, or related transmission lines. For purposes of this paragraph, "ground disturbance" means any activity that moves, compacts, alters, displaces, or penetrates the ground surface of previously undisturbed soils;

Has a height that does not exceed the height of the original pole by more than five (5) feet or ten (10) percent of the height of the original pole, whichever is greater; and

Has an appearance consistent with the quality and appearance of the original pole.

"Residential zone" means the zoning districts as defined in Section 16.10.010.B. or the residential portion of any zoning district Planned Development (PD) in the City.

"Roof mounted" means mounted on any structure that is not specifically constructed for the purpose of supporting antenna(s), in any manner that does not satisfy either the definition of wall mounted or utility mounted, typically mounted on the roof of an existing building.

"Small wireless facility" or "SWF" means the same as defined by the FCC in 47 CFR § 1.6002(1) as may be amended or superseded, and which, as of the date of the adoption of this section, provides that small wireless facilities are facilities that meet each of the following conditions:

The facilities:

Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or

Are mounted on structures no more than ten (10) percent taller than other adjacent structures; or

Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater; and

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna" in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume; and

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume; and

The facilities do not require antenna structure registration under applicable FCC or FAA regulations;

The facilities are not located on Tribal lands, as defined under 36 CFR § 800.16(x); and

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

"Stealth facility" means any wireless communication facility which is designed to blend into the surrounding environment, typically one that is camouflaged, architecturally integrated into a building or other concealing structure.

"Substantial change" means the same as defined by 47 CFR § 1.6100 as may be amended or superseded.

"Tolling period" means the same as defined by 47 CFR § 1.6003 as may be amended or superseded.

"Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.

"Transmission equipment" means equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antenna(s), coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Utility mounted" means mounted to an existing aboveground structure specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, or traffic signal equipment.

"Wall mounted" means mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

"Wireless communications facility" or "facility" means an antenna facility for which buildings permit or electrical permit is required by the Chino Hills Municipal Code and any facilities or equipment appurtenant to it.

"Wireless communication facility tower" means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antenna(s) and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated project area.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.030 - Applicability.

All wireless communication facilities which are erected, located, or modified within the City on or following the effective date of this chapter shall comply with this chapter, including all wireless communication facilities for which building permits and any extension of such permit have expired, except for those facilities exempt from review by Section 16.44.040 of this chapter. Any lease of City property for the purpose of erecting a wireless communications facility shall require a negotiated lease agreement and/or such other license, franchise, or other specified right granted by the City in accordance with the City Municipal Code. The existence of a lease agreement or other license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this chapter.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.040 - Exemptions.

This chapter shall not apply to any tower or antenna that is owned and operated by a federally licensed amateur radio station operator. This chapter shall also not apply to any tower or antenna used for commercial radio or television purposes.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.050 - General criteria.

A permit is required for all wireless communication facilities erected, located, modified, operated and maintained within the City. The permit shall remain valid unless suspended or revoked by the City, or expired, pursuant to the findings and following the procedures set forth in Section 16.44.130 below.

Permit approval is attached to the specific facility for which the permit application was made.

Application Requirements and Procedures.

An application is required for all wireless communications facilities, collocations, major modifications or eligible facilities requests. The Director shall develop application forms and make them available to the public. The Director may require information or documentation to be provided with the application, in addition to that required in this Code, as appropriate to ensure that the spirit and intent of this chapter is complied with.

All wireless communication facility applications must be submitted at a pre-scheduled application submission appointment at a day and time mutually agreeable to City staff and the applicant.

If the wireless communications facility also requires the installation of fiber, cable or coaxial cable, such cable installations or point of connection to existing infrastructure shall be shown in conjunction with the vertical support structure(s) and included within the application form.

For all wireless communication facility permits, an application fee in the amount established by City Council resolution and in accordance with California Government Code Section 50030 must be submitted with any application.

Reasonable City costs (including costs related to City staff, consultant and attorney time and expenses) pertaining to the review, processing, noticing and hearing procedures directly attributable to a wireless communication facilities shall be reimbursable to the City through the application fee(s) established as described above.

Shot Clock Date and Tolling Period. Each application received for modifications to or installation of new wireless communication facilities shall be subject to shot clock and tolling periods as defined by current federal and state regulations.

Each application must include the items noted below in addition to any other requirement specified on the published application form. The applications are available at the Community Development Department. An application is required for each facility and the associated required documentation must be location specific.

A completed application form.

Payment of the application fee.

For new facilities, except those located within the PROW, written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the screening and site selection per subsection 16.44.050(H) of this section.

An FCC compliance report which certifies that the proposed wireless communications facility will comply with FCC radio frequency (RF) emission standards and which also includes the following information:

The projected RF exposure levels of the intended installation.

ii.

An affirmation by a qualified RF engineer that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the maximum permissible exposure (MPE) levels deemed safe by the FCC.

iii.

Whether its RF exposure analysis is based upon the occupational/controlled exposure limits or the general population/uncontrolled exposure limits, as defined under 47 CFR § 1.1307 et seq.

iv.

The minimum distance upon which projected exposure levels were calculated, i.e., the assumed closest distance the general public will be able to get to the proposed antenna(s).

Exposure calculations based upon the assumption that the proposed personal wireless telecommunication facility will be operating at full power. If the applicant seeks to apply the occupational/controlled exposure limits, the report shall also describe:

How public access to the facility will be restricted

The required warning signs to be installed as described by FCC Office of Engineering and Technology Bulletin 65, Supplement B (latest edition)

Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section.

On private property, a preliminary title report prepared within the past sixty (60) days and on City property, either a preliminary title report, grant deed or other evidence of ownership, except for small cell facilities in the PROW.

Letter of intent clearly indicating the intended use associated with the proposal, along with a brief narrative accompanied by written documentation that explains and demonstrates the applicant's efforts to locate the facility in accordance with the screening and site selection guidelines.

Assessor's parcel map of the property on which the facility is proposed together with a redline/black line drawn showing a five hundred-foot radius from the project property if the proposed location is within the PROW. For all other locations, show a three hundred-foot radius line identifying the surrounding properties.

Mailing Labels. Labels must list the names and addresses of all property owners within a five hundred-foot radius of the project property for projects located within the PROW, or within a three hundred-foot radius for all other locations.

Written authorization from the City Manager is required for application submittal for new facilities or collocations located on City property.

Project plans including a plot plan, any proposed grading and/or trenching, site plans, elevations drawn at a scale, and equipment details for all new and existing equipment associated with the wireless communications facility.

The Director may require additional information, provided the additional information is requested of applicant at the time the application is made, as appropriate for applications for a new tower or base station, or applications proposing to substantially change a tower or base station.

All facilities shall be installed and at all times maintained in compliance with the requirements of Title 15 of this Code regardless of any permit that may be granted in accordance with Chapter 16.44. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. In addition to any other permit required by this Code, the applicant must obtain a separate encroachment permit from the Engineering Division for any facility located within the PROW.

10.

Any fraudulent or false information in connection with an approved application is grounds for denial or revocation of the permit at any time by the City.

11.

An application is not complete until all required information and documentation is provided to the Director.

Public Hearing and Noticing Radius. Public hearing notices for minor use permits and conditional use permits shall be given in accordance with Section 16.58.040 of this Code and the following:

For proposed wireless communication facilities located within the PROW, the standard noticing radius may not provide adequate public notice due to the width of the right-of-way and potentially intervening open space parcels; therefore, the noticing radius shall be increased to five hundred (500) feet.

For all other locations the noticing radius shall be three hundred (300) feet. The noticing radius shall be measured from the exterior boundaries of the subject parcel, or, for those facilities in the PROW, the exterior boundaries of the nearest adjacent parcel closest to the proposed wireless communications facility.

Independent Expert. If the Director deems it necessary, the Director has the authority to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a wireless communications facility. The review is intended to be a review of technical aspects of the proposed wireless communications facility and may address any or all of the following:

Compliance with applicable FCC radio frequency emission standards;

Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

The accuracy and completeness of submissions;

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached or claims made by applicant;

The viability of alternative sites and alternative designs; and

Any other specific technical issues identified by the consultant or designated by the City.

The cost of this review must be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. No permit can be issued to any applicant that has not fully reimbursed the City for the cost of the consultant(s).

Lattice towers shall be prohibited at all locations under the jurisdiction of the City.

Conditions of Approval. In addition to compliance with the screening and site selection standards outlined below, all facilities shall comply with and be subject to the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director or Planning Commission or City Council, as applicable. These conditions are equally applicable in the event an approval occurs by operation of law.

The facility exterior shall be comprised of nonreflective material(s) and painted or camouflaged to blend with surrounding materials and colors.

The site of the facilities shall be maintained in a condition free of debris, refuse, and trash.

All graffiti shall be removed within forty-eight (48) hours.

To the full extent possible, access to the facility shall be limited to existing access roads and trails.

Any proposed access roads shall not have any significant impacts on the property upon which the new road is proposed to be constructed or on any surrounding properties.

For facilities installed on existing utility structures, the facility owner must obtain the written permission of the utility structure owner and any underlying property owner. A joint pole authorization form is sufficient where applicable.

The facility shall maintain maximum clearance consistent with current Americans with Disabilities Act (ADA) requirements.

Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.

At no time shall any facility be permitted to exceed sixty-five (65) dBA at the nearest adjacent residentially zoned property line, including residential components of properties within the mixed-use zone.

For facilities on City property or in the PROW, the permittee shall submit contact information on a form to be supplied by the City. The permittee shall notify the City of any changes to the contact information within seven (7) days of any change, including a change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

Identity, including the twenty-four-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent, person, or department responsible for the maintenance of the facility.

The legal status of the owner of the wireless communications facility.

The permittee shall notify the City in writing within ninety (90) days of any transfer or assignment of the permit. The written notice required in this section shall include: (1) the transferee's legal name; (2) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (3) a statement signed by the transferee that the transferee accepts all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval. Such materials or documentation may include, without limitation: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, or the failure to submit the materials required by the director shall be a cause for the City to revoke the applicable permits pursuant to and following the procedure set on in Section 16.44.130 (Enforcement).

10.

The facility shall not bear any signs or advertising devices other than required by law.

11.

At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

12.

For facilities on City property or in the PROW, permittee must enter into a license agreement with the City for the installation and operation of the proposed wireless communications facility prior to construction. The license agreement will require, without limitation, permittee to be responsible for the City's cost to maintain the landscaping during the life of the facility, including an appropriate periodic cost escalator provision.

13.

For facilities on City property or in the PROW, permittee shall furnish a performance bond or other form of security in accordance with the license agreement. The security must be in effect until the facilities are fully and completely removed and the site returned to its original condition, to guarantee permittee's obligations under these conditions of approval and this Code. The security instrument's coverage must include, without limitation, removal of the facility. The amount of the security instrument must be calculated by the applicant in its submittal documents in an amount sufficient to guarantee the obligations covered by the bond. The security instrument must be submitted to the City before issuance of any building permit.

14.

For facilities on City property or in the PROW, the permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by Section 16.44.050(G).

15.

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 wireless communications facility unless the City, in its sole discretion, 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 an encroachment permit issued for any facility within the public right-of-way, 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 to be affected by applicant's facilities.

16.

The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

17.

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless communications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance activity that necessitated the repairs. The permittee shall complete such repair within the number of days stated on a written notice by the City Engineer. The time allotted for corrective action will be based on the facts and circumstances, danger to the community and severity of the disrepair, as determined by the City Engineer in his/her sole discretion. Should the permittee not complete the corrective action within the time period allotted the City Engineer, the City may cause such repair to be completed at permittee's sole cost and expense.

18.

No facility can be permitted to be installed in the drip line of any tree in the public right-of-way.

19.

For facilities on City property or in the PROW, the permittee shall obtain and maintain in full force and effect, until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum coverage limits in an amount deemed sufficient by the City Manager to adequately protect the City from claims and suits for bodily injury and property damage. The insurance shall name the City and its elected and appointed officials, officers, agents, consultants, and employees as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII in the latest edition of A.M. Best's Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days' prior written notice to the City. The insurance provided by permittee shall be primary to any coverage available to the City, and any insurance or self-insurance maintained by the City shall be in excess of permittee's insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the City and its elected and appointed officials, officers, agents, consultants, employees and volunteers. The insurance shall afford coverage for the permittee's and the wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the City's risk manager. Before issuance of any building permit for the facility, the permittee shall furnish the City's risk manager with certificates of insurance and endorsements, in the form satisfactory to the City Attorney or the risk manager, evidencing the coverage required by the City or self insurance that provides equivalent protection to the City.

20.

For facilities on City property or in the PROW, permittee shall defend, indemnify, protect and hold harmless City, its elected and appointed officials, officers, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and/or its elected and appointed officials, officers, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and/or the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, without limitation, choosing its counsel after consulting with permittee and at permittee's expense.

21.

Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed officials, officers, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless communications facility, or to any work done by, or use of the public right-of-way by, the permittee, owner or operator of the wireless communications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed officials, officers, agents, consultants, employees and volunteers.

22.

Should the utility company servicing the facility have the ability to offer electrical service that does not require the use of an above-ground meter cabinet, the permittee shall, at its sole cost and expense, remove the meter cabinet and any related foundation within ninety (90) days of such service being offered and restore the area to its prior condition. An extension may be granted by the director if he or she finds good cause therefor.

23.

For facilities on City property or in the PROW, the permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above-ground facilities including, without limitation, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency, (ii) any abandonment of any street, sidewalk or other public right-of-way, (iii) any change of grade, alignment or width of any street, sidewalk or other public right-of-way, or (iv) a determination by the director that the wireless communications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within one hundred eighty (180) days of notification by City unless, in the opinion of the director, exigent circumstances dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within the prescribed period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, if exigent circumstances so require, including those of immediate or imminent threat to the public's health and safety, the City may modify, remove, or relocate wireless communications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

24.

Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless communications facility permit. No building permit for a wireless communications facility can be issued until a signed affidavit of acceptance of conditions is filed with the City.

25.

The wireless communications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the director for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and/or (c) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

Screening and Site Selection Guidelines—General. The following shall be considered by the City in connection with its processing of any facility permit:

The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available;

The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures;

The proposed facility is a stealth facility;

The total size of the proposed facility, particularly in relation to surrounding and supporting structures;

The location of the proposed facility and the extent to which it conforms to the following in order of preference (item "a" being the most preferred):

Collocated on an existing facility;

Attached to an existing structure such as an existing building, communication tower, church steeple or utility pole or tower;

Located in an industrial/business park zoning district;

Located in a commercial zoning district;

Subparagraphs 1—4 are not applicable to small wireless facilities located in the public right-of-way.

Equipment screening requirements for accessory equipment or other equipment associated with the operation of the facility, including, but not limited to, transmission cables.

Proposed facilities located on private property, open space and parks. Accessory equipment shall be located within a building, enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which such equipment is located.

Additional requirements for proposed facilities located on prominent knolls and hillsides. Accessory equipment shall be concealed within an underground vault. Should underground placement not be feasible, accessory equipment may be placed within an enclosure visually compatible with the surrounding architecture and sufficient landscaping shall be added to conceal the equipment from view. If no recent and/or reasonable architectural theme is present, the Director may require a particular design that is deemed by the Director to be suitable to the subject location.

Proposed facilities located within the right-of-way. Accessory equipment shall be placed in harmony with the existing landscape and placed underground whenever feasible. Utility or streetlight pole mounted equipment is an acceptable alternative to underground placement. Above ground meter pedestals and equipment cabinets may be allowed when sufficient underground space is unavailable.

Any and all screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.

Findings. In addition to any other applicable findings in this Code, the following findings shall be made by the decision-making authority prior to approval of any facility, excluding small wireless facilities. Approval of small wireless facilities shall be pursuant to Section 16.44.090 of this Code.

The proposed facility meets all applicable standards and requirements set forth in this Code.

The proposed facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.

The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a facility.

That general landscaping considerations, when applicable to the facility, have been complied with to complement the structures and antennae, provide an attractive environment and preserve natural features and elements.

Based on information submitted, the proposed facility is in compliance with all FCC and California Public Utilities Commission (PUC) requirements.

The applicant has demonstrated and confirmed that the facility is necessary to close a significant gap in the provider's coverage and there is no less intrusive means to close that significant gap unless determined that the facility is a modification.

Setback Requirements. The facility shall comply with the setback requirements for the zone in which the facility is located.

Variance. An application for a variance to the requirements set forth in this section may be processed pursuant to Chapter 16.70 or 16.72 of the Municipal Code.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.060 - Major facilities.

Permit Required. Planning Commission approval of a conditional use permit in accordance with Chapter 16.68 of the Municipal Code and all applicable requirements of this chapter is required for new major facilities.

The Planning Commission may approve a conditional use permit for major facilities if it makes the following findings:

That the proposed conditional use is consistent with the general plan.

That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed.

That the proposed conditional use complies with all applicable development standards of the zoning district.

That the proposed conditional use observes the spirit and intent of this Development Code.

The proposed facility meets all applicable standards and requirements set forth in this Code.

The proposed facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.

The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a facility.

10.

Based on information submitted, the proposed facility is in compliance with all FCC and California Public Utilities Commission (PUC) requirements.

11.

An approved conditional use permit for shall comply with the time limits set forth under Section 16.68.060. The permit will remain effective unless the permit is suspended or revoked by the City, or expired, pursuant to the findings and following the procedures set forth in, Section 16.44.130 below.

The following location requirements apply to major facilities to the greatest extent permitted by state or federal law:

The major facility shall not be located within two hundred (200) feet of a residential zone as measured from the closest point of the facility adjacent to that residential property line unless an adjustment is granted by the Planning Commission after reviewing the evidence and making the findings below:

The location of the proposed facility is required to ensure compliance with federal or state law; and

To the greatest extent permitted by applicable federal and state law, the following are findings are also required:

The Planning Commission has reviewed alternative options provided by the applicant and/or staff, including, but not limited to, additional and/or different locations and designs, and has determined that the application as approved (with the adjustment) has a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; and

ii.

the proposed facility will allow the collocation of wireless communication facilities from additional carriers within the proposed facility; and

iii.

The proposed facility provides for ample spacing and screening to address adverse visual impacts and operational conflicts from the facilities.

In a residential zone or residential parcels within the mixed-use zone, ground mounted facilities may be located in the rear yard or side yard of a property, provided that no part of a ground mounted facility shall be located in a side yard that abuts any public street.

In a nonresidential zone, ground mounted facilities that utilize stealth technology and complement the existing adjacent development may be located in the front yard or area visible from the right-of-way.

No portion or extension of a facility, including without limitation any guy wires, shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted.

A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, or vehicle and/or pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility or intended function of such area.

Height Requirements.

No major facility shall exceed thirty-five (35) feet in height in any area within the City, regardless of any other provision in this Code or approved specific plan; unless an adjustment is granted pursuant to this subsection;

Maximum heights shall be measured from lowest adjacent grade to the highest point of the facility;

No major facility may exceed the maximum building height set forth in this subsection unless an adjustment is granted by the Planning Commission after reviewing the evidence and making the findings below:

The location of the proposed facility is required to ensure compliance with federal or state law; and

To the greatest extent permitted by applicable federal and state law, the following are findings are also required:

ii.

The proposed facility will allow the collocation of wireless communication facilities from additional carriers within the proposed facility; and

iii.

The proposed facility provides for ample spacing and screening to address adverse visual impacts and operational conflicts from the facilities.

Additional Screening and Site Selection Guidelines.

A major facility shall be located at least one thousand (1,000) feet from the nearest existing, legally established major facility (except in the event that such facility is collocated) or an adjustment is granted by the Planning Commission after reviewing the evidence and making the findings below:

The location of the proposed facility is required to ensure compliance with federal or state law; and

To the greatest extent permitted by applicable federal and state law, the following are findings are also required:

ii.

The proposed facility will allow the collocation of wireless communication facilities from additional carriers within the proposed facility; and

iii.

The proposed facility provides for ample spacing and screening to address adverse visual impacts and operational conflicts from the facilities.

A ground mounted facility shall be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or under grounding in the next eighteen (18) months), lightpoles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City.

Ground mounted facilities shall be covered with anti-graffiti material of a type approved by the Director or designee.

A roof mounted facility that extends above the existing parapet of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building.

A roof mounted facility, and any guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize visual impact as viewed from surrounding properties and public streets.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.070 - Minor facilities and collocations.

Permit Required. Director approval of a minor use permit in accordance with Chapter 16.78 of the Municipal Code and all applicable requirements of this chapter is required for minor facilities and collocations that are neither eligible facilities requests nor colocation facilities as defined in Government Code Section 65850.6.

The Director may approve or conditionally approve if the following findings are made:

That the proposed use is consistent with the general plan and any applicable specific plan;

That the site is of adequate size and shape to accommodate the proposed use and its corresponding improvements;

That the proposed use will not have significant adverse effects on surrounding land uses and other permitted uses of the area in which it is proposed to be located;

That the establishment, maintenance, or operation of the proposed use and its corresponding improvement(s) at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use;

That the proposed use and improvement(s) comply with all applicable development standards of the zoning district.

The proposed facility meets all applicable standards and requirements set forth in this Code.

The proposed facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.

The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a facility.

10.

Based on information submitted, the proposed facility is in compliance with all FCC and California Public Utilities Commission (PUC) requirements.

11.

An approved minor use permit shall comply with the time limits set forth under Section 16.78.050. The permit shall remain effective unless:

The permit is suspended or revoked by the City pursuant to the procedures set forth in Section 16.44.130 below; or

The wireless communications facility has been modified beyond the conditions set forth in the permit.

Notwithstanding subsection A, proposed wireless communication facilities located in residential zones require a conditional use permit.

Height Requirements.

No minor facility shall exceed twenty-five (25) feet in height within a residential zone or when located within two hundred (200) feet of a residential property line, as measured from the closest point of the facility adjacent to that residential property line, regardless of any other provision in this Code or approved specific plan;

No minor facility shall exceed thirty-five (35) feet in height within nonresidential zones, regardless of any other provision in this Code or approved specific plan;

Maximum heights shall be measured from lowest adjacent grade to the highest point of the facility;

No minor facility may exceed the maximum facility height set forth in this subsection E unless an adjustment is granted by the Director after making all of the following findings:

The Director has reviewed alternative options provided by the applicant and/or staff, including, but not limited to, additional and/or different locations and designs, and has determined that the application as approved with the additional height has a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; and

Based on the evidence presented, the additional height above the maximum is reasonably necessary for collocation of wireless communication facilities or for the efficient operation of the proposed facility; or

The additional height above the maximum is required to ensure compliance with federal or state law.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.080 - Facilities located in a residential zone.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.090 - Small wireless facilities.

The requirements of this section are applicable to all requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy small wireless facilities (SWFs) in the City. Other generally applicable requirements set forth in this chapter also apply to SWFs to the extent they are not supplanted by the following requirements or, in the opinion of the City Attorney, in conflict with state or federal law.

Permit Required. Director approval is required to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy SWFs in the City.

SWF Permit Application Contents. An application for a small wireless facility permit (SWFP) in the PROW or within private right-of-way shall include the information below, unless exempted by the Director.

Application Form. A complete small wireless facility permit application including the information listed below.

Application Fee. Payment of the applicable fee as established by resolution of the City Council.

Preliminary Title Report. On private property, a preliminary title report prepared within the past sixty (60) days and, on City property, either a preliminary title report, grant deed or other evidence of ownership, except for small cell facilities in the PROW.

Project Description and Justification. The applicant shall submit a written statement that explains, with evidentiary support, why the proposed facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(1). The project description and justification shall also explain (i) whether and why the proposed support is a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each required finding for a small wireless facility permit.

Construction Drawings. The applicant shall submit construction drawings, prepared, signed and stamped by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes, all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings shall contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes, the manufacturer, model number and physical dimensions, and depict the applicant's preliminary plan for electric and data backhaul utilities, including the anticipated locations for conduits, cables, meters, etc.

Point of Connection. If the SWF requires the installation of fiber, cable or coaxial cable, such cable installations or point of connection to existing infrastructure shall be shown in conjunction with the vertical support structure(s) and included within the application form.

Site Survey. The applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey shall identify and depict all existing boundaries, encroachments and other structures within 50 feet from the proposed project site, which includes all: i) traffic lanes; ii) private properties and property lines; iii) above and below-grade utilities and related structures and encroachments; iv) fire hydrants, roadside call boxes and other public safety infrastructure; v) streetlights, decorative poles, traffic signals and permanent signs; vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; vii) benches, trash cans, mailboxes, kiosks and other street furniture; and viii) existing trees, planters and other landscape features.

10.

An FCC Compliance Report. SWF providers shall submit a FCC compliance report for the proposed facilities which shall certify that the facilities will comply with FCC radio frequency (RF) emission standards and shall include the following information. SWF providers may submit a master FCC compliance report for facilities located in the PROW.

The projected RF exposure levels of the intended installation.

Whether its RF exposure analysis is based upon the occupational/controlled exposure limits or the general population/uncontrolled exposure limits, as defined under 47 CFR § 1.1307 et seq.

The minimum distance upon which projected exposure levels were calculated, i.e., the assumed closest distance the general public will be able to get to the proposed antenna(s).

How public access to the facility will be restricted

ii.

The required warning signs to be installed as described by FCC Office of Engineering and Technology Bulletin 65, Supplement B (latest edition)

11.

Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed SWF in context from at least three (3) vantage points within the public/private streets or other publicly accessible places, together with a vicinity map that shows the site location and the photo location for each vantage point.

12.

Wind Load Analysis. Safety is a paramount concern for all structures and equipment placed within private or PROW. The applicant shall submit a wind load analysis with an evaluation of high wind load capacity. The analysis shall, when applicable, address the impact of modification of an existing structure/facility.

13.

Traffic Control Plan (TCP). A traffic control plan when the proposed installation is within private or PROW along any street in a nonresidential zone. The City shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. a crane) in any zone.

14.

For City-owned poles in the PROW, applicants shall utilize designs that conform to the standard plans approved in the executed master communications license agreement ("MCLA") for small wireless facilities in the public right-of-way. Approved standard plans are carrier specific.

Additional Requirements. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, procedures, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed by these regulations. All such requirements and materials shall be in written form and publicly stated to provide all interested parties with prior notice (or posted upon the City's website).

Application Submittal Appointments. All administrative applications for SWFs shall be submitted to the Director at a pre-scheduled application submission appointment. City staff will endeavor to provide applicants with an appointment within five (5) business days after receipt of a written request. A request for an appointment is not an application.

Design Standards. All SWFs shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes applicable regulations for human exposure to RF emissions and shall comply with the following standards:

Location, and Design Generally. SWFs must maintain the minimum separation from electrical lines required by applicable safety regulations. In addition, no SWF may exceed the maximum height otherwise permitted in the immediately adjacent zoning district or approved specific plan by ten (10) percent or ten (10) feet, whichever is greater.

Height. Notwithstanding any other height requirements in an applicable zone or approved specific plan, the maximum height for SWFs located on streetlight poles in the PROW and private ROW along arterial streets is thirty-five (35) and thirty-two (32) feet along collector or local streets. For SWFs located on wood utility poles, the maximum height may be increased by an additional four (4) feet, plus any state or federally mandated safety clearance.

Location Preferences. This subsection sets out a hierarchy of preferred locations for SWFs in the PROW. Applications that involve lesser-preferred locations may be approved so long as the applicant demonstrates by clear and convincing evidence that either 1) no more preferred locations or structures exist within fifty (50) feet from the proposed site; or 2) any more preferred locations or structurers within fifty (50) feet would not be technically feasible. The City prefers SWFs in the PROW to be installed in locations, ordered from most preferred to least preferred, as follows:

Commercial or industrial districts on or along arterials;

Commercial or industrial districts on or along collector streets;

Commercial or industrial districts on or along local streets;

Residential districts on or along arterials;

Residential districts on or along collector streets;

Residential districts on or along local streets;

Any district within two hundred fifty (250) feet from any structure approved for a residential use.

Preferred Support Structures. The City prefers SWFs in the PROW to be installed on support structures, ordered from most preferred to least preferred, as follows:

Existing or replacement streetlight or wood utility poles;

New, non-replacement streetlight poles;

Other new, non-replacement poles;

Strand-mounted between poles.

Prohibited Support Structures. The City prohibits SWFs to be installed on the following support structures:

Existing decorative poles;

Traffic signs, poles, cabinets and related devices;

Any utility pole scheduled for removal or relocation within eighteen (18) months from the time the Director acts on the permit application;

New, non-replacement wood poles.

Streetlights. Applicants that propose to install SWFs on an existing streetlight shall remove and replace the existing streetlight with one (1) substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. In the event that the existing streetlight can accommodate the installation of all fiber lines within the interior of the pole and all other City concealment requirements are met, then a replacement pole is not required. To mitigate any material changes in the street lighting patterns, the replacement pole shall:

Be located as close to the removed pole as possible; and

Be aligned with the other existing streetlights; and

Include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole.

All antennas shall be installed per state and federal guidelines.

For SWFs in the PROW, the City shall provide the applicant with the appropriate mast arm length and light fixture specifications.

Wood Utility Poles. Applicants that propose to install SWFs on an existing wood utility pole shall install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a standoff bracket or extension arm shall be concealed within a shroud unless technically infeasible. All cables, wires and other connectors shall be concealed within the sidearm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations.

Replacement Poles and Streetlights. If an applicant proposes a replacement pole or streetlight to accommodate the SWF, the replacement shall be located as close to the removed streetlight or pole as possible unless the replacement will not meet all applicable standards, in which case the replacement may be located in an alternative location that complies with the requirements herein.

New, Non-Replacement Poles. Applicants that propose to install SWFs on a new, non-replacement pole shall install a new metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole.

The new pole shall actually function for a purpose other than placement of a wireless facility (e.g. street light, utility pole, etc.).

The design shall match the dimensions and design of existing and similar types of poles and antennas in the surrounding areas.

Antennas. The provisions in this subsection are generally applicable to all antennas.

All antennas and associated mounting equipment, hardware, cables or other connecters shall be completely concealed within an opaque antenna shroud or radome unless doing so is technically infeasible. For pole-top antennas, the shroud shall taper down to the pole.

An antenna shroud or radome shall be painted a flat, non-reflective color to match the underlying support structure. All surfaces shall be treated with graffiti-resistant sealant. All finishes shall be subject to the Director's prior approval.

Side-mounted antennas, shall not project; (A) over any roadway for vehicular travel; or (B) over any abutting private property. Side-mounted antennas may be flush-mounted to streetlight poles or mounted on cross arms to utility poles. If applicable laws require a side-mounted antenna to project more than eighteen (18) inches from the support structure, the projection shall be no greater than required for compliance with such laws.

10.

Accessory Equipment.

Installation Preferences. SWF accessory equipment shall be placed in harmony with the existing landscape and placed underground whenever feasible. Utility or streetlight pole mounted equipment is an acceptable alternative to underground placement. Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates, through clear and convincing evidence in the written record, that installation at a more preferred location would be technically infeasible.

Undergrounded Accessory Equipment. All undergrounded accessory equipment shall be installed in an environmentally controlled vault that is load-rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk shall be constructed with a slip-resistant cover. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two (2) feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. Above ground meter pedestals and equipment cabinets may be allowed when sufficient underground space is unavailable.

Pole-Mounted Accessory Equipment. The provisions in this subsection are applicable to all pole-mounted accessory equipment in connection with small wireless facilities and associated infrastructure deployments.

Accessory Equipment Volume. The cumulative volume for all accessory pole-mounted equipment for a single small wireless facility shall not exceed seventeen (17) cubic feet in residential or nonresidential areas.

ii.

Preferred Concealment Techniques. Applicants should propose to place any pole-mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations.

iii.

Horizontal Projection. Pole-mounted accessory equipment shall not project (i) over any roadway for vehicular travel; or (ii) over any abutting private property. If applicable laws preclude flush-mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws.

iv.

Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one (1) orientation would be technically feasible, the Director may select the most appropriate orientation.

11.

Ground-Mounted or Base-Mounted Accessory Equipment. Ground-mounted accessory equipment is discouraged unless all other options are demonstrated to be infeasible. The provisions in this subsection are applicable to all ground-mounted and base-mounted accessory equipment in connection with small wireless facilities.

Ground-Mounted Concealment. On collector and local streets, the City prefers ground-mounted accessory equipment to be concealed within a landscaped median, parkway or similar location, behind or among landscape features and painted or wrapped in flat natural colors to blend with the landscaping. On arterial roads proposed ground-mounted accessory equipment should be the smallest possible cabinet of a substantially similar appearance to nearby existing ground-mounted equipment cabinets.

Public Safety Visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground-mounted accessory equipment cabinet may exceed four (4) feet in height or width. Ground-mounted and base-mounted equipment cabinets shall not have any horizontal flat surfaces greater than one and one-half (1.5) square inches to prevent litter or other objects from being left on such surfaces.

12.

Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities shall be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires shall transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space.

No new overhead utility lines or service drops may be approved to a SWF in areas with existing underground infrastructure, unless existing aerial lines are attached to the pole.

Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

Electric Meters. Small cells and other infrastructure deployments shall use flat-rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. If the proposed project involves a ground-mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet. The Director may approve a separate ground-mounted electric meter pedestal if required by the electric service provider.

Existing Conduit or Circuits. To reduce unnecessary wear and tear on the PROW, applicants are encouraged to use existing conduits and/or electric circuits whenever available and technically feasible. Access to any conduit and/or circuits owned by the City shall be subject to the Director's prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City's infrastructure and public health and safety, and to prevent interference with the City's municipal functions.

13.

Landscaping. Small wireless facilities shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities may not displace any existing tree or landscape features unless: A) such displaced tree or landscaping is replaced with native or drought-resistant trees, plants or other landscape features approved by the Director and B) the applicant submits and adheres to a landscape maintenance plan. Only International Society of Arboriculture certified workers under a licensed arborist's supervision shall be used to install the replacement tree. Any replacement tree shall be substantially the same size as the damaged tree unless approved by the Director. Should the Director require additional landscaping to be installed, the applicant shall be responsible for any maintenance costs incurred as a result thereof.

14.

Damage. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless communications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance activity that necessitated the repairs. The permittee shall complete such repair within the number of days stated on a written notice by the City Engineer. The time allotted for corrective action will be based on the facts and circumstances, danger to the community and severity of the disrepair, as determined by the City Engineer in his/her sole discretion. Should the permittee not complete the corrective action within the time period allotted the City Engineer, the City may cause such repair to be completed at permittee's sole cost and expense.

15.

Signs. All small wireless facilities that involve RF transmitters shall include a sign that accurately identifies the site owner or operator, the site name or identification number, and a toll-free number to the network operations center. Small wireless facilities may not bear any other signs or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.

Security. Small wireless facilities may incorporate reasonable and appropriate site security measures, such as locks to prevent unauthorized access. The Director shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures.

Lights. SWFs shall not include any lights that would be visible from publicly accessible areas, except as may be required under applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) shall be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this policy.

Noise. SWFs and all associated antennas, accessory equipment and other improvements shall comply with all applicable noise control standards and regulations in the Municipal Code.

Encroachments over Private Property. SWFs may not encroach onto or over any private or other property outside the PROW without the property owner's express written consent.

Backup Power Sources. Fossil-fuel based backup power sources shall not be permitted within the PROW; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials.

Modifications. A proposed modification shall not defeat any concealment elements of the existing facility. The following procedures are required depending upon the type of modification, as indicated below:

In addition to obtaining a zoning clearance as required by Section 16.44.100.B, for any modification of a small wireless facility permit defined as an eligible facilities request, the City shall document the modification as an amendment to the existing small wireless facility permit.

The applicant shall submit a completed small wireless facility permit—consent form for any like-kind modifications, and the Director shall approve the consent form if the Director finds that the modification is substantially similar in appearance, dimension, and weight of the existing antennas and equipment.

A zoning clearance—wireless, pursuant to Section 16.79.015, is required for modifications, replacements, deletions, or additions to the pre-approved standard plans associated with a full-executed MCLA for facilities in the PROW that are neither like-kind modifications nor eligible facilities requests.

Colocations. A small wireless facility permit amendment is required for a proposed colocation on an existing SWF.

Maintenance. An encroachment permit is required for routine maintenance to existing SWFs located in the PROW. Routine maintenance shall be defined as testing, repair and replacement of damaged or malfunctioning SWF equipment.

Effect of Conflict with State or Federal Law. If the City Attorney determines that state or federal law prohibits the application of any design standard set forth herein, such standard may be modified and applied in a manner consistent with applicable law or, at the Director's discretion, deemed severed from the remaining designing standards.

Director's Decision. Not less than twenty (20) calendar days after the application has been deemed complete, the Director shall approve, conditionally approve or deny the SWP application without a public hearing.

Required Findings for Approval. All SWFs are subject to the findings set forth in Section 16.44.050(l)(1 and 5). In addition, the following findings are required for the approval or conditional approval of a SWF application in the PROW:

The proposed SWF will not be located on a prohibited support structure identified in this section;

The proposed SWF will utilize the most preferred support structure and location within fifty (50) feet from the originally proposed site in any direction, or the applicant has demonstrated with clear and convincing evidence that a more preferred structure or location within fifty (50) feet is technically infeasible.

Required Findings for Approval of a SWF in Private Right-of-Way. In addition to the findings set forth in Section 16.44.050(l)(1 and 5), the following findings are required for the approval or conditional approval of a SWF application in the private right-of-way:

The permittee owns the property on which the facility will be located or, in the alternative, the owner of the property has consented to the application for the facility;

The proposed SWF will not be located on a prohibited support structure identified in this section;

Notice of Director's Decision. Within two (2) business days of making a decision to approve, conditionally approve, or deny an SWF permit application, the Director will give written notice of the decision to the applicant and to each person who has filed a written request with the City to receive such notice. Written notice to the applicant shall be given via U.S. Mail to the mailing address indicated on the application or by any other method agreed to by the applicant. Written notice of the Director's decision shall be given via U.S. Mail to the mailing address indicated on any other person's written request for notification. If a request for notification was made to the City via email, notice of the Director's decision may be made by return email.

Appeals. The Director's decision on an SWF permit application may be appealed to the City Manager. All appeals shall be filed with the City Clerk no later than ten (10) calendar days after the date the Director gives notice of his/her decision. Any person filing an appeal shall pay all applicable appeal fees in effect at the time of the appeal as established by resolution of the City Council. Appeals are reviewed de novo. The decision of the City Manager is final.

Standard Conditions. In addition to the standard conditions set forth in Section 16.44.050(G), all SWFs are subject to the following conditions:

As-built documents are required for SWFs located on City-owned streetlight poles. Within sixty (60) calendar days after the permittee places the approved or deemed-approved SWF into operation, the permittee shall provide the Director with documentation demonstrating that the SWF has been constructed and installed in compliance with the approved construction drawings and photo simulations. Documentation shall include, as-built drawings, site photos, and GIS data.

Avoid Adverse Impacts on Other Properties. The permittee may 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 Municipal 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 or other state or federal government agency or official with authority to declare a state of emergency within the City. The City may issue a stop work order for any activities that violates this condition in whole or in part.

Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the foregoing, the City's officers, officials, staff, agents, contractors 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 threaten 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.

Future Undergrounding Programs. If other public utilities or communications providers in the PROW underground their facilities in the segment of the PROW where the permittee's SWF is located, the permittee shall simultaneously underground its equipment, except the antennas and any other equipment that shall be placed above ground to function. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function will not be exempt from this condition. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs.

Electric Meter Upgrades. If 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 remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall obtain any encroachment and/or other permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.

Any fraudulent or false information in connection with an approved application is grounds for denial or revocation of the permit at any time by the City.

The facility shall maintain maximum clearance consistent with current Americans with Disabilities Act (ADA) requirements.

Modified Conditions; Authority. The City Council authorizes the Director to modify, add or remove conditions to any SWF permit as the Director deems necessary or appropriate to: 1) protect and/[or] promote the public health, safety and welfare; 2) tailor the standard conditions to the particular facts and circumstances associated with the deployment; and/or 3) memorialize any changes to the proposed deployment need for compliance with the Municipal Code, these regulations, generally applicable health and safety requirements and/or any other applicable laws. To the extent required by applicable law, the Director shall take care to ensure that any different conditions applied to small wireless facilities are no more burdensome than those applied to other substantially similar infrastructure deployments. If, in the opinion of the City Attorney, state or federal law precludes the imposition of any condition, such condition may, at the Director's discretion, be modified and applied in a manner consistent with applicable law or severed from the remaining conditions.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.100 - Permit requirements for major modifications, eligible facilities, section 65850.6 collocation facilities, and temporary facilities.

Major Modifications to Existing Facilities. A minor use permit is required for major modifications to existing facilities in accordance with Chapter 16.78 of the Municipal Code and any additional or different requirements made applicable by this chapter. The Director shall make a written determination supported by the required findings pursuant to Section 16.44.070 of this chapter.

Eligible Facilities Requests. A zoning clearance—wireless, pursuant to Section 16.79.015., is required for eligible facilities meeting the requirements of 47 USC § 1455(a) and 47 CFR § 1.6100, as may be amended. The applicant bears the burden of asserting rights under 47 USC § 1455(a) and 47 CFR § 1.6100 and any application filed for an eligible facilities request shall prominently state that the application is for an "eligible facilities request" and shall include all facts and information necessary for the Director to ensure that the proposed facility qualifies as an eligible facility. Approval of a zoning clearance—wireless application for a eligible facilities request shall be subject to the following conditions of approval:

This wireless zoning clearance shall become null and void if all conditions of approval have not been complied with and the wireless zoning clearance is not used within one (1) year of the date of approval. The Community Development Director may grant one (1) extension of time for a period not to exceed one (1) year, provided an application requesting the extension is filed with the Planning Division no less than thirty (30) days prior to the expiration of the wireless zoning clearance. "Used" as referred to in this condition means the commencement of substantial construction activity or any activity authorized by the approval. If an extension of time is not granted, the wireless zoning clearance shall expire and a new application shall be required.

The applicant or its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "claims") arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, the applicant shall pay for all costs, including attorney's fees.

The applicant and project shall comply with requirements of all federal, state, county, and local agencies as are applicable to this project.

The project shall be in substantial conformance with existing entitlement conditions of approval and any approved amendments thereto, except as specifically modified in this approval. The conditions of approval for this approval shall supersede any conflicting conditions in the previous entitlements.

All areas within the project site shall be maintained free of trash and debris.

Noise emanating from the project shall not exceed the noise standards as listed in Chapter 16.48 of the City's Development Code and shall be in compliance with all requirements as stated in the Municipal Code.

Any graffiti shall be removed within twenty-four (24) hours of being reported. Further, the applicant shall apply a coating to all perimeter walls that facilitates the removal of any graffiti.

All telecommunication equipment and other components of the wireless facility shall not bear any signs or advertising devices other than certification, warning, or other required seal or required signage.

The wireless communications facility shall maintain a high quality appearance consistent with the originally approved design, and any approved amendments, at all times.

10.

No wireless communications facility or accessory equipment installed or operated as part of the wireless facility shall interfere with any City emergency transmission, signal, or form of communication.

11.

Trust deposit accounts shall show no deficits. If the trust deposit account(s) associated with the project shows a negative balance, the project construction shall cease, including inspections, until such time as the sufficient funds are deposited to return the account(s) to a positive balance.

12.

Facilities located on City property or in the PROW. Applicant shall amend existing license agreement to include updated exhibits and project description to reflect this permit.

13.

Facilities located on City property or in the PROW. As-built plans shall be provided prior to final inspection and approved prior to the release of remaining trust deposit account funds.

14.

All tasks for the refurbishment and restoration of the facility shall be completed prior to the final inspection.

Section 65850.6 Collocation Facilities. A zoning clearance—wireless is required for collocated facilities as defined in Government Code section 65850.6, as may be amended. The applicant bears the burden of establishing that the proposed facility qualifies as a collocation facility under Government Code section 65850.6. Any application filed for a Section 65850.6 collocation facility shall prominently state that the application is for a "Section 65850.6 Collocation Facility" and shall include all facts and information necessary for the Director to ensure that the proposed facility qualifies as a Section 65850.6 collocation facility. All conditions of approval set forth in Section 16.44.050(G) will apply to collocation facilities unless, in the opinion of the City Attorney, state or federal law precludes imposition of the condition.

Temporary Facilities. A minor use permit is required for a temporary wireless facility located within five hundred (500) feet of a residential property line. The Director shall make a written determination supported by the required findings pursuant to Section 16.44.070 of this Chapter.

A zoning clearance—wireless is required for a temporary wireless facility located within the PROW, private right-of-way, or more than five hundred (500) feet from a residential property line. The Director shall make a written determination supported by the required findings pursuant to CHMC Section 16.79.040.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.110 - Wireless communication facility removal.

Discontinued Use. A permittee must notify the Director of the intent to discontinue the use of a facility and vacate a site a permittee must notify the Director of the intent to discontinue the use of a facility and vacate a site at least thirty (30) days prior to the vacation. The permit for any facility that is not operated for a continuous period of one hundred eighty (180) days shall be deemed lapsed and the facility considered abandoned unless (1) the City has received a notice of the intent to transfer the permit to another service provider; and (2) the transferee has resumed operation of the facility within ninety (90) days of the City's receipt of the transfer notice. At least thirty (30) days prior to the vacation. The permit for any facility that is not operated for a continuous period of one hundred eighty (180) days shall be deemed lapsed and the facility considered abandoned unless (1) the City has received a notice of the intent to transfer the permit to another service provider; and (2) the transferee has resumed operation of the facility within ninety (90) days of the City's receipt of the transfer notice.

Abandonment. A facility that is inoperative or unused for a period of one hundred eighty (180) continuous days shall be deemed abandoned. Upon reasonable suspicion of abandonment, the City shall provide a preliminary notice of abandonment to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such preliminary notice of abandonment may be delivered in person or mailed to the address(es) stated on the facility permit application, and shall be deemed given at the time delivered or placed in the mail.

Removal of Abandoned Facility.

Within thirty (30) days after preliminary notice of abandonment is given, the operator of the facility and the owner(s) of the property on which it is located shall either (a) remove the facility and restore the premises, or (b) provide the Community Development Department with written objection to the City's preliminary notice of abandonment and submit a request for administrative hearing pursuant to Section 16.58.080 of the Municipal Code to reconsider the abandonment. If after such time, the facility is not properly removed, or the City does not receive an objection to the preliminary notice of abandonment and request for administrative hearing, the Director or designee may make a determination of abandonment and provide notice of such determination in the same manner as the preliminary notice of abandonment.

If the City receives a timely written objection to the preliminary notice of abandonment and a request for administrative hearing, the Director or designee shall schedule an administrative hearing to commence within fifteen (15) days of receiving the objection. The Director or designee shall send notice of the time and place for the hearing to the operator of the facility and the owner(s) of the property on which it is located. At the time and place scheduled for administrative hearing, the operator of the facility or the owner(s) of the property on which it is located may present documents and other evidence that the facility was in use during the relevant six-month period and that it is presently operational. The Director or designee shall review all evidence, determine whether or not the facility was properly deemed abandoned, and make a determination of abandonment or a finding of continued use and provide notice of such determination in the same manner as provided for the preliminary notice of abandonment.

Removal by City. At any time after thirty (30) days following the determination of abandonment, the City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable Code. The City may, but shall not be required to, store the removed facility (or any part of such facility). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in full, a lien shall be placed on the real property on which the facility was located for the full amount of the cost of removal, repair, restoration, and storage. The Director of Community Development shall cause the lien to be recorded in the County of San Bernardino Recorder's Office.

The operator of the facility, and the owners of the premises upon which it is located shall be in violation of this chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to Section 16.44.150 of this chapter.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.120 - Right of appeal.

Unless otherwise specified, any decision made by the Director or his or her designee pursuant to this chapter may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Chino Hills Development Code. Any decision made by the Planning Commission is appealable directly to the City Council in accordance with Section 16.58.070 of the Municipal Code.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.130 - Enforcement.

Revocation, Modification and Expiration. Any permit issued for a wireless facility pursuant to this chapter may be revoked or modified pursuant to the findings, and following the procedures, set forth in Section 16.58.080.

Nonconforming Wireless Communication Facilities.

Legal Nonconforming Facility. Any facility that is lawfully constructed, erected, or approved prior to the effective date of this chapter, or for which the application for a use permit is deemed complete prior to the effective date of this chapter, in compliance with applicable laws, and which facility does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming wireless communication facilities shall comply at all times with the laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable federal or state laws as they may he amended or enacted from time to time, and shall at all times comply with the conditions of approval. Any legal nonconforming facility which fails to comply with applicable laws, ordinances, regulations, or conditions of approval may be required to conform to the provisions of this chapter.

Illegal Nonconforming Facility. Any facility constructed or erected prior to the effective date of this chapter in violation of applicable laws, ordinances, or regulations shall be considered an illegal nonconforming facility and may be abated as a public nuisance pursuant to Chapter 8.12 of the Municipal Code.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.140 - Effect of conflict with state or federal law.

If the City Attorney determines that state or federal law prohibits the application of any design standard or other requirement set forth herein, such standard or other requirement may be modified and applied in a manner consistent with applicable law or, at the Director's discretion, deemed severed from the remaining designing standards or other requirements.

(Ord. No. 371, § 5(Exh. A), 9-14-2021)

16.44.150 - Penalties.

It is unlawful and a misdemeanor for any person, firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any of the provisions of this chapter. Such behavior shall subject the violator to penalty as set forth in Section 1.36.020 of this Code. Each day that a violation exists shall constitute a separate offense.

In addition to subsection A above, any violation of the provisions of this chapter or the conditions of operation of any permit issued pursuant to this chapter are and shall be a public nuisance subject to abatement by the City through obtaining a court injunction from a court of competent jurisdiction or through the procedures set forth in Chapter 8.12 of this Code.