A.   The purpose of requiring administrative review/approval of certain enumerated uses is to determine whether or not, in any particular case, a use listed under a section of district regulations entitled "Permitted Uses: Administrative Review/Approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. Some commercial uses require administrative review to ensure that the site is appropriate for the use. Such administrative review usually requires a site plan review as part of the administrative review process. This Chapter sets forth the procedure for review/approval of such use by an administrative act where findings can be made that such use is in conformance with the intent and provisions of the district regulations and other applicable regulation of this Code. The provisions of this Chapter take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the "Permitted Use" or "Conditional Use: Commission Approval" sections of the various districts provided in this Code.

   B.   Except as provided in subsections 11-18-5C and Section 11-18-7 of this Chapter, the provisions of this Section 11-18-1 through Section 11-18-6 of this Chapter shall apply to all uses listed as permitted uses, subject to administrative review/approval.

   C.   As a matter of policy, any use listed as subject to administrative review/approval shall be considered as if it were a permitted use in the district where listed unless otherwise found to require modifications under the review procedures provided in this Chapter. (Ord. 527, 8-4-1997)

   A.   An application for administrative review/approval shall be submitted to the Planning Department on a form prescribed by the Planning Director. The application shall include a statement of the use proposed and a site plan prepared in accordance with and subject to the provisions of Chapter 20 of this Title.

   B.   The Planning Director shall review the proposed use to ascertain all facts pertinent thereto, and in writing, shall state either approval, approval with conditions of the proposed use, or denial of the application together with findings and reasons for such decision within fifteen (15) working days, of the acceptance of the application by the City.

      1.   The Planning Director may determine that an application for site plan review cannot be deemed complete without the appropriate environmental assessment or the obtaining of a permit from another agency which may have discretionary authority over some aspect of the proposed project.

      2.   Should the Planning Director make the determination that such conditions exist that require an environmental assessment or the discretionary approval of another agency, the applicant shall be notified in writing of such requirements and that the application will not be deemed complete until such requirements have been met.

   C.   In approving the use, the Planning Director shall impose such conditions and requirements as may be applicable as allowed in Chapter 19 or Chapter 20 of this Title. (Ord. 527, 8-4-1997)

   A.   The Planning Director may approve an application for administrative review/approval as the permit was originally filed, if on the basis of the application and information submitted, the findings prescribed in Chapter 19 of this Title can be made, plus the following additional findings.

   B.   That the use will not involve any process, equipment or materials which, in the opinion of the Planning Director, will be objectionable to persons living or working in the vicinity by reasons or odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazards of fire or explosion.

   C.   That the proposed use will be harmonious with existing structures and use of land in the vicinity. (Ord. 527, 8-4-1997)

One copy of the signed and dated, written decision of the Planning Director shall be mailed to the applicant. (Ord. 527, 8-4-1997)

   A.   In the event the applicant is not satisfied with any condition or conditions of review/approval imposed by the Planning Director, the applicant may submit an application to the Planning Commission to appeal the decision of the Planning Director in the same manner as subsection C of this Section.

   B.   Appeals filed in the event of Planning Director disapproval of an application for a mobile home on a permanent foundation shall be processed as provided under subsections C, D, and E of this Section.

   C.   Within fifteen (15) days following the date of a decision by the Planning Director, the decision may be appealed in writing to the Planning Commission by the applicant or any interested party. An appeal shall be filed with the Planning Director, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Director, or wherein the decision is not supported by the evidence in the record. The applicant shall submit such additional information and data not previously submitted with the application for administrative review/approval, within five (5) days following the filing of an appeal.

   D.   The Planning Director shall give notice in writing to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the Planning Commission.

   E.   The Planning Commission shall hear the appeal at its next regular meeting to be held not less than fourteen (14) days after the filing of the appeal. The Commission may affirm, modify or reverse a decision of the Planning Director, provided that if the decision is modified or reversed, the Commission shall make such a decision on the basis of the record and such additional evidence as may be submitted. In the case of an appeal on a mobile home, the Planning Commission shall make a finding that the project is consistent with the requirements of subsection 11-10-2A of this Title. The decision of the Commission shall be final, unless appealed to the City Council under the provisions of Section 11-20-4 of this Title. (Ord. 527, 8-4-1997)

Upon violation of any applicable provisions of this Title, or if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, the administrative review/approval shall be automatically suspended. Once determined by the Planning Director that such noncompliance exists, a notice of suspension shall be sent immediately to the person or persons responsible for noncompliance by the Planning Director. Within thirty (30) days of the suspension, the City Council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the City Council may revoke the administrative review/approval or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions. Before acting on the suspension, the City Council may refer the matter to the Planning Commission for a report and recommendations. (Ord. 527, 8-4-1997)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative review/approval, the Planning Director shall determine that the proposed building location, facilities and improvements conform to the site plan and conditions as approved. (Ord. 527, 8-4-1997)

   A.   Application: The provisions of this Section shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the Public Utilities Commission, which uses are related to the public utility purposes or water and gas pipes, mains and conduits, telegraph and telephone lines, pole-mounted repeaters, telephone booths, sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in subsection B of this Section.

   B.   Procedure: The routes of proposed gas or electric transmission lines be submitted to the Planning Director for review and recommendations. The Planning Director shall confine review of an application to the route, placement and height of such towers or lines and effect on land use.

      1.   Power transmission lines shall be those lines which are intended to transmit gas or electric energy from:

         a.   The source of such energy to a receiving substation.

         b.   A receiving substation to a distribution substation.

      2.   Prior to the acquisition of rights of way, the following plans and information shall be submitted to the Planning Department for review and recommendations:

         a.   The location of the proposed route.

         b.   Type of towers and transmission lines.

         c.   Approximate height of towers or size of lines.

         d.   Widths of right of ways.

         e.   Other pertinent data.

      3.   The Planning Director may, when in the public interest, recommend such modifications as deemed necessary to protect the health, safety and welfare.

      4.   The Planning Director shall complete the review and make findings within sixty (60) days after the filing of said plans and data.

   C.   Appeals: The recommendations of the Planning Director may be appealed to the City Council within fifteen (15) days of the completion of the review and findings. The appeal shall be placed on the agenda of the next regular meeting of the City Council. The Council shall review the findings and recommendations and shall act to uphold, modify or disapprove the recommendations of the Planning Director. (Ord. 527, 8-4-1997)

   A.   Application: This Section is directed at determining and permitting the appropriate location for the placement of towers and antennas to serve local resident and business needs for wireless telecommunications. It is the intent of this Section to permit towers and antennas that are not zoned for residential use and with sufficient setbacks from surrounding uses to ensure safety in the case of collapse caused by powerful storms or other natural disasters or lack of maintenance, and avoidance of the path of low flying aircraft. Such permitted towers or antennas should provide for adequate site safety, landscaping, access, and ensure the long-term maintenance and eventual removal of the tower or antenna. To the extent possible siting of new towers or antennas should consider the feasibility of shared use of towers and antennas by more than one service provider. A conditional use permit is required for the construction and operation of any wireless telecommunications towers and antennas to ensure that surrounding property owners have an opportunity to consider and comment with regard to the proposal and that appropriate conditions of approval are applied to the proposed use to ensure that public health, safety, and welfare are protected.

   B.   Permitted Locations: Wireless telecommunications towers and antennas may be constructed after first obtaining a conditional use permit in accordance with Chapter 19 of this Title and complying with the requirements of this Chapter. Wireless telecommunications towers and antennas may be permitted by conditional use permit in Industrial Zones, Service Commercial Zones, Highway Commercial Zones, and Agricultural Zones. (Ord. 527, 8-4-1997)

   A.   Any site upon which a wireless telecommunications tower or antenna is proposed shall meet the following development standards:

      1.   Site setbacks shall be equal to one hundred percent (100%) of the proposed height of the tower or antenna as measured from the base of the tower or antenna. Exception to the setback requirement shall be allowed if engineering documentation is provided that the tower or antenna is designed to collapse within itself, in such case the minimum setback shall be fifty percent (50%) of the tower or antenna height.

The size and dimensions of the minimum lot size shall be determined by the distance of the setback from the property boundary or any public street. (Ord. 527, 8-4-1997)

   A.   A condition of approval of any such facility is that the property owner or owner of the facility and successors in interest shall provide for and maintain performance security acceptable to the City in an amount equal to the estimated cost of removing the tower or antenna. Failure to maintain such performance security shall constitute a violation of the conditional use permit issued to the facility and grounds for revocation of such conditional use permit.

   B.   A condition of approval of any such facility is that landscaping shall be required for any facility within one hundred feet (100') of any public street and is visible to any public street. Such landscaping shall consist of a combination of ground cover and at least one row of six foot (6') tall (at maturity) evergreen trees adjacent or proximate to the security fence. Water conservative vegetation should be employed in the landscaping plan along with drip irrigation facilities.

   C.   Any other conditions of approval deemed appropriate by the Planning Commission and/or City Council which protect the public health, safety and welfare. (Ord. 527, 8-4-1997)

   A.   In addition to any other conditional use permit requirements established by Chapter 19 of this Title, the applicant shall provide the Planning Director with the following:

      1.   A report prepared by a licensed civil engineer that addresses the following issues:

         a.   Safety criteria for the height of the proposed tower or antenna considering the maximum wind speeds that may be encountered;

         b.   A site plan consistent with the requirements of Chapter 20 of this Title. Included in the site plan shall be the engineer certification based on soils tests, that designed tower or antenna footings are appropriately designed for safety;

         c.   A statement that the tower or antenna complies with applicable structural standards, including maximum wind speeds. The statement shall also include a description of the failure characteristics of the tower or antenna and demonstrate that setbacks to the nearest property line are sufficient to contain debris should the tower collapse;

         d.   A statement regarding compliance with radio frequency standards of the Federal Communications Commission and that the tower or antenna and its reception and transmission functions will not interfere with the usual and customary transmission or reception of radio, television, and other services on adjoining properties;

         e.   A statement describing the tower's maximum capacity, including the number of antennas that it can accommodate for co-location.

      2.   A written statement from the property owner or facility owner that addresses the following issues:

         a.   Due diligence has been undertaken in seeking and subsequent failure to find space on an existing tower or antenna to co-locate the proposed antenna(s);

         b.   That alternative structures, such as roofs of existing buildings or structures, have been evaluated and that they cannot be successfully used to achieve the height needed for the tower or antenna;

         c.   Compliance with or exemption from FCC, FAA, NEPA, California Public Utilities Commission, CEQA, and any other Federal or State regulations applicable to the siting;

         d.   Agreement of the property owner or tower or antenna owner and their successors in interest to allow shared use of the tower or antenna if: 1) capacity exists based on existing and planned use, 2) a future applicant for space on the tower or antenna agrees in writing to pay reasonable charges for shared use, and 3) the potential use is technically compatible;

         e.   Delineation of the site boundaries and property boundaries of the proposed location;

         f.   Description of the tower or antenna structure to be constructed and the types of anchors (guy wires and anchors, etc.) to be used for the facility;

         g.   Description of the access to the facility including type of surface material to be installed and a description of the parking area and the surface to be installed;

         h.   Description of any accessory building to the tower or antenna, its location, size, shape, and public utilities necessary (water, sewer, electrical, etc.);

         i.   Anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, traffic generation, noise, or safety impacts of such maintenance;

         j.   Provision of liability insurance for the operation and maintenance of the tower and antenna, with a provision to notify the City if such insurance should expire for any reason;

         k.   The estimated cost of tower or antenna removal. The applicant shall also provide proof of a performance bond or other instrument acceptable to the City to cover the cost of tower or antenna removal should the property owner or tower or antenna owner or successors in interest fail to remove the tower or antenna in a period of six (6) months after the cessation of use as a wireless communication facility, or in the event that the City determines that the tower or antenna has become a hazard to the public health, safety or welfare because of lack of maintenance;

         l.   A plan for removal of the tower or antenna within six (6) months should the facility cease to be used as a wireless communication facility, or in the event that the City determines that the tower or antenna has become a hazard to the public health, safety or welfare because of lack of maintenance;

         m.   A signage plan consistent with the sign regulations in Chapter 16 of this Title;

         n.   A security plan which describes any fencing required for the facility and how such security plan will promote the security of the facility;

         o.   A plan for landscaping any facility within one hundred feet (100') of any public street and is visible to any public street. Such landscaping shall consist of a combination of ground cover and at least one row of six foot (6') tall (at maturity) evergreen trees adjacent or proximate to the security fence. Water conservative vegetation should be employed in the landscaping plan along with drip irrigation facilities. (Ord. 527, 8-4-1997)

The conditional use permit application shall be processed in the manner prescribed in Chapter 19 of this Title. Appeals to any decision of the Planning Director or the Planning Commission shall be consistent with Chapter 19 of this Title. (Ord. 527, 8-4-1997)