(A)   The purpose of this chapter is to provide a comprehensive and uniform set of standards and procedures for the placement, design, installation and permitting of telecommunications facilities consistent with applicable federal and state requirements. The regulations contained herein are designed to protect and promote the public health, safety and welfare and aesthetic quality and character of the city as set forth in the goals, objectives and policies of the city's General Plan, while at the same time not unduly restricting the placement, design, installation and management of the telecommunications infrastructure within the city for the provision of advanced and competitive telecommunications services. This chapter is not intended to, and does not, regulate those aspects of telecommunications facilities that are governed by the Federal Communications Commission ("FCC"). To the extent that any provision of this chapter conflicts with any final adopted rules or regulations of the FCC, this chapter shall be implemented consistent with such rules and regulations of the FCC.

   (B)   The City Council finds that, typically, satellite antennas are larger in size, surface area and weight than other types of antennas used for telecommunications services. Because of the unique seismic activity and wind loadings prevalent in the region, satellite antennas mounted or braced on buildings, mounted on freestanding poles or mounted on roofs pose a unique threat to the structural safety of buildings and to the public in general. These threats necessitate careful attention to the location, height and method of installation in order to avoid injury to persons and property from fallen or windblown satellite antenna. In addition, other location restrictions and standards are necessary because satellite antennas, depending on their size, which are placed adjacent to public rights-of-way or locations accessible to the public, can create a tripping hazard, block views to create a visibility hazard for motorists and/or create an attractive nuisance.

   (C)   The City Council recognizes that under §§ 101 and 207 of the 1996 Telecommunications Act (47 USC § 253), the FCC has partially preempted local regulation of satellite antennas and receive-only antennas (47 CFR § 1.4000). The federal limitations on local regulation of small and medium size satellite antennas and receive-only antennas are set forth in § 17.65.040, with permissible conditions and limitations imposed to reduce the safety risks identified in this section. In addition, where the city is authorized by federal law and this chapter to exercise discretion in regulating satellite antennas, such regulatory decisions must have a reasonable and clearly defined health, safety and aesthetic objective, may not materially limit reception of telecommunications services, may not impose excessive costs on the users of satellite antennas in relationship to the purchase and installation cost and may not create unfair competition among telecommunication services providers.

   (D)   The City Council finds that the regulations and design standards set forth in this chapter are necessary to protect the public health, safety, welfare and aesthetic interests and the enforcement thereof will not result in the imposition of excessive costs on users of satellite antennas in relationship to the purchase and installation cost. The City Council finds, further, that these regulations and design standards neither materially limit a person's ability to receive telecommunications services nor create unfair competition among telecommunications service providers.

   (E)   The City Council recognizes that § 704 of the 1996 Telecommunications Act (47 USC 332(c)) preempts local regulation of the placement, construction and modification of telecommunications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the applicable FCC regulations.

   (F)   The provisions of this chapter, in particular § 17.65.065, are intended to comply with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC § 1455) and the FCC Rule on Acceleration of Broadband Deployment by Improving Wireless Facilities Site Policies (47 CFR § 1.40001).

   (G)   The provisions of this chapter are not intended and shall not be interpreted to prohibit or to have the effect of prohibiting telecommunications services. This chapter shall not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent telecommunications services.

   (H)   To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance or provision of the code, this chapter shall control; otherwise, this chapter shall be construed consistently with the provisions and regulations of the city.

(`78 Code, § 17.65.010.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

(`78 Code, § 17.65.020.) (Ord. 3254 § 3, 4, 2017; Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

   (A)   All telecommunications facilities within the city shall comply with the provisions of this chapter and the following requirements:

      (1)   Telecommunication facilities that can accommodate collocated facilities shall require the adoption of a negative declaration, mitigated negative declaration, or certification of an environmental impact report;

      (2)   Conditions in any permit or license issued by a local, state or federal agency which has jurisdiction over the telecommunications facility;

      (3)   Rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC);

      (4)   Easements, covenants, conditions or restrictions on the underlying real property;

      (5)   Title 15 (Buildings and Construction) of this code, as amended by state or local law or regulation.

   (B)   All telecommunications facilities within the city shall comply with the following requirements, unless in conflict with or preempted by the provisions of this chapter:

      (1)   Design guidelines or standards in any applicable Specific Plan;

      (2)   Requirements established by any other provision of this code;

      (3)   Requirements established by any other ordinance of the city.

      (4)   Design guidelines and standards adopted pursuant to § 17.65.090.

   (C)   Setbacks shall be measured from the part of the telecommunication facility closest to the applicable lot line or structure.

   (D)   The telecommunications carrier shall maintain the telecommunications facility in a manner and condition consistent with the original approval of such telecommunications facility.

   (E)   A proposed telecommunications facility shall not create any nonconforming situations to the site such as a reduction in, and/or elimination of, parking, landscaping or loading zones.

   (F)   Approvals of the telecommunications facilities pursuant to this chapter may be limited to a term of ten or more years or subject to a subsequent review process as may be necessary to protect the public interest.

(`78 Code, § 17.65.030.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

   (A)   Telecommunication facilities placed in the public rights-of-way in accordance with a cable television franchise agreement or an open video system franchise agreement authorized and approved by the city under Chapter 5.14 of this code are exempt from the requirements of this chapter.

   (B)   The following telecommunication facilities are permitted without any approval under this chapter, provided that the telecommunication facility complies with § 17.65.030, is accessory to the primary use of the property:

   (A)   The Zoning Administrator shall review and may approve applications for the following types of telecommunications facilities that are not otherwise exempt under § 17.65.040:

      (1)   Amateur radio facilities, whether freestanding or attached to a structure;

      (2)   Small cell sites, subject to the following location and design criteria:

         (a)   The small cell site shall be designed and installed in as stealth a manner as possible, as determined by the Zoning Administrator, given it’s placement on street lights of utility poles in the public right-of-way and in light of industry standards and available screening technologies for the particular transmission or other equipment in question.The stealth nature of the equipment shall, to the extent reasonably feasible, preserve the character of the neighborhood and reduce the visual impact of the small cell site and the safety risks associated with the location or manner of installation. The size of each antenna associated with the deployment of a small cell site shall not exceed three cubic feet, excluding cable, conduit, or associated antenna equipment.

   (A)   The following types of telecommunications facilities that are not otherwise exempt under § 17.65.040 or subject to § 17.65.050 shall require the approval of a minor conditional use permit, which shall be reviewed and may be approved by the Board of Zoning Adjustment:

      (1)   Telecommunications facilities which are proposed to be located on a support structure within the public right-of-way.

      (2)   Telecommunications facilities which satisfy all of the following conditions:

         (a)   The telecommunication facility is incorporated as an integral part of:

            1.   An existing or permitted support structure or tower; or

            2.   A new support structure or tower which does not exceed the height restrictions of the underlying zone:

         (b)   The support structure or tower into which the telecommunications facility is incorporated:

            1.   Serves a primary purpose other than the provision of telecommunications services; or

            2.   Is designed to be indistinguishable from the surrounding environment;

         (c)   The negative visual and aesthetic impact of the telecommunications facility and, if applicable, the new support structure or tower is minimal;

      (3)   Telecommunications facilities within a commercial or industrial zone which satisfy either of the following:

         (a)   The telecommunication facility is mounted on the roof of a building which is at least 40 feet tall, does not extend 15 feet above the ridge line of the roof and is not visible from grade level at a distance from the building equal to the height of the building; or

         (b)   The telecommunication facility is flush mounted on an existing facade of a support structure, does not extend above the height of the facade, extends a maximum of 18 inches from the facade and is designed to blend with the existing structure through use of color and/or texture.

   (B)   Applications for telecommunications facilities made under this section shall be made on the form and in the manner set forth in § 17.65.070.

   (C)   When an application is filed under this section, a fee established by resolution of the City Council shall be paid for the purpose of defraying the costs incidental to review of the application.

   (D)   The Board of Zoning Adjustment shall review and make a determination on applications filed under this section in accordance with the following:

      (1)   The procedures set forth in § 17.92.020.

      (2)   Any applicable standards, conditions and restrictions set forth in this section.

      (3)   Any location, development and design guidelines and standards set forth in a separate resolution adopted by the Planning and Housing Commission pursuant to § 17.65.090.

   (E)   Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.98.210.

   (F)   Any approval granted under this section shall be enforced in accordance with and subject to the restrictions set forth in §§ 17.98.200, 17.98.220 and 17.98.230 and 17.98.240.

(Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007.)

   (A)   All telecommunications facilities that are not otherwise exempt under § 17.65.040 and are not subject to review under §§ 17.65.050 and 17.65.055 shall require the approval of a conditional use permit, which shall be reviewed and may be approved by the Planning and Housing Commission.

   (B)   Applications for telecommunications facilities made under this section shall be made on the form and in the manner set forth in § 17.65.070.

   (C)   When an application is filed under this section, a fee established by resolution of the City Council shall be paid for the purpose of defraying the costs incidental to review of the proceedings.

   (D)   The Planning and Housing Commission shall review and make a determination on applications filed under this section in accordance with the following:

      (1)   The procedures set forth in §§ 17.92.080 through 17.92.110;

      (2)   Any applicable standards, conditions and restrictions set forth in this section;

      (3)   Any location, development and design guidelines and standards set forth in a separate resolution adopted by the Planning and Housing Commission pursuant to § 17.65.090. In this capacity, the Planning and Housing Commission is authorized to employ on behalf of the city an independent technical expert, when in its discretion, expert review of technical materials submitted in conjunction with an application is necessary to determine the unavailability of location, development or design alternatives. The applicant shall pay all costs of the expert review, including administrative costs incurred by the city.

   (E)   Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.92.130.

   (F)   Any approval granted under this section shall be enforced in accordance with and subject to the restrictions set forth in §§ 17.92.120, 17.92.150 and 17.92.160.

(`78 Code, § 17.65.060.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

   (A)   For purposes of this section, a telecommunications facility is existing if it has been approved pursuant to the requirements of this chapter and shall include legal nonconforming telecommunications facilities. A base station is existing only if it has been approved pursuant to the requirements of this chapter and already supports or houses transmission equipment.

   (B)   For purposes of this section, a modification to an existing telecommunications facility consists of the collocation, addition, removal or replacement of new transmission equipment. A modification may include structural enhancement of the tower or support structure so long as it is performed in connection with the collocation, addition, removal or replacement of new transmission equipment.

   (C)   For purposes of this section, a modification to an existing telecommunications facility would substantially change the physical dimensions of the existing telecommunications facility if, individually or cumulatively, in comparison to the initial approval of the telecommunications facility or the most recent modification approved prior to February 22, 2012, the modification would:

      (1)   For towers other than towers located in the public right-of-way, increase the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

      (2)   For towers located in the public right-of-way or any base station, increase the height of the tower or base station by more than 10% or ten feet, whichever is greater;

      (3)   For towers other than towers located in the public right-of-way, add an appurtenance that protrudes from the edge of the tower more than 20 feet, or more than the width of the existing tower at the level of the added appurtenance, whichever is greater;

      (4)   For towers located in the public right-of-way or any base station, add an appurtenance that protrudes from the edge of the tower or base station more than six feet;

      (5)   Involve the installation of more than the standard number of new equipment cabinets, not to exceed four cabinets;

      (6)   Involve the excavation or deployment outside the current site of the tower or base station;

      (7)   Defeat the concealment or stealth elements of the tower or base station as determined by the Zoning Administrator; or

      (8)   Not comply with the conditions of approval imposed in connection with the initial approval of the existing telecommunications facility or in connection with the most recent modification approved prior to February 22, 2012, except conditions pertaining to height, width, number of cabinets or new excavation subject to the limitations set forth in divisions (C)(1) through (C)(6) of this section.

   (D)   Modifications to an existing telecommunications facility, including a base station, shall be reviewed and approved by the Zoning Administrator provided that the modification does not substantially change the physical dimensions of the existing telecommunications facility.

   (E)   Modifications to an existing telecommunications facility, including a base station, which would substantially change the physical dimensions of the existing telecommunications facility shall require the approval of a minor conditional use permit pursuant to § 17.65.055, or a major conditional use permit pursuant to § 17.65.060, or a modification to a conditional use permit approved for the existing telecommunications facility, as applicable.

   (F)   Applications for modifications to existing telecommunications facilities made under this section shall be made on the form and in the manner set forth in § 17.65.070, provided that the documentation required to be provided with such application shall be limited to that which is reasonably necessary for the Zoning Administrator to make a determination whether the modification would substantially change the physical dimensions of the existing telecommunications facility.

   (G)   When an application is filed under this section, a fee established by resolution of the City Council shall be paid for the purpose of defraying the costs incidental to review of the application.

   (H)   The Zoning Administrator shall review and make a determination on applications filed under this section within 60 days of the date the application is received in accordance with the following:

      (1)   The procedures set forth in §§ 17.99.080 through 17.99.090;

      (2)   Any applicable standards, conditions and restrictions set forth in this section, including, without limitation, whether the modification would substantially change the physical dimensions of the existing telecommunications facility;

      (3)   Any location, development and design guidelines and standards set forth in a separate resolution adopted by the Planning and Housing Commission pursuant to § 17.65.090.

   (I)   If the Zoning Administrator determines that the modification would not substantially change the physical dimensions of the existing telecommunications facility and otherwise satisfies the standards, conditions and restrictions set forth in this section, the application shall be approved.

   (J)   If the Zoning Administrator determines that the modification would substantially change the physical dimensions of the existing telecommunications facility or does not otherwise satisfy the standards, conditions and restrictions set forth in this section, the application shall be denied.

   (K)   Any applicant or aggrieved person may appeal any determination made under this section pursuant to § 17.99.110.

   (L)   Any approval granted under this section shall be enforced in accordance with and subject to the restrictions set forth in §§ 17.99.100, 17.99.120 and 17.99.130.

(Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015.)

   (A)   Applications for telecommunications facilities filed under §§ 17.65.050, 17.65.055 or 17.65.060 shall be on a form prescribed by the Community Development Director. The application shall include, but is not limited to, the following:

      (1)   An engineered and stamped site plan clearly indicating the location, type and design of the proposed telecommunications facility, all information and/or drawings necessary to demonstrate how the applicant's proposed telecommunications facility complies with any location, development and design guidelines and standards set forth in a separate resolution adopted by the Planning and Housing Commission pursuant to § 17.65.090. If a deviation from the city's guidelines and standards is requested, the applicant must provide the technical justification for such deviation;

      (2)   Verification that use of the telecommunications facility will not interfere with other adjacent or neighboring transmission or reception functions;

      (3)   Evidence of ownership of the real property on which the proposed telecommunications facility will be located, or if the applicant does not own the real property, the name and mailing address of such real property owner(s) and a copy of the lease agreement for use of such property or permission of the property owner to submit an application for a telecommunications facility on the property owner's property;

      (4)   If the applicant is a telecommunications carrier or if the application is for a telecommunications facility to be used by a telecommunications carrier, the following shall be required:

         (a)   Information demonstrating how the applicant's proposed telecommunications facility complies with the city's location guidelines, why the proposed site was selected, and if applicable, why other more preferred sites are unavailable or not usable;

         (b)   A visual impact analysis which includes either a photo montage, field mockup or other pictorial representation identifying the potential visual impacts of the proposed telecommunications facility. Views from both public areas and private residences shall be included in the analysis. The analysis shall also assess the cumulative impacts from existing, proposed and foreseeable telecommunications facilities located in the vicinity and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications facility and service;

      (5)   If the Community Development Director determines the applicant's proposed telecommunications facility presents an opportunity for co-location, the following shall be required:

         (a)   Proof that all telecommunications carriers operating within the city or within three miles of the boundaries of the city have been notified of the application 14 days prior to its submission. The notice shall state the proposed location of the telecommunications facility, the type of support structure or tower, that co-location opportunities will be reasonably accommodated and parties interested in co-location should notify the Community Development Director. Proof of notice shall be provided in the form of returned certified mail receipts;

         (b)   Certification that the applicant has not signed any lease, and the property or support structure on which the telecommunications facility is located is not subject to any covenant, condition or restriction which would prevent other telecommunications carriers from co-locating telecommunications facilities on the same property or support structure;

      (6)   Proof that the location, design and lighting are approved by the Federal Aviation Administration (FAA), if such approval is required;

      (7)   Such other information as the Community Development Director may reasonably require.

   (B)   Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

   (C)   Any proprietary information, identified in writing by an applicant and disclosed to the city, city employee or agent of the city, in an application filed under this section, shall remain confidential and shall not be disclosed to any third party unless disclosure is otherwise required by federal or state law.

(`78 Code, § 17.65.070.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

   (A)   Any telecommunications carrier who intends to abandon or discontinue use of a telecommunications facility must notify the city by certified mail no less than 30 days prior to such action. The telecommunications carrier or owner of the real property upon which the telecommunications facility is installed shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Community Development Director, within which to complete one of the following actions:

      (1)   Reactivate use of the telecommunications facility;

      (2)   Transfer the rights to use the telecommunications facility to another telecommunications carrier;

      (3)   Dismantle and remove the telecommunications facility.

   (B)   Any telecommunications facility that is not operated for a continuous period of 180 days shall be considered abandoned. Upon a finding of abandonment, the city shall provide notice to the telecommunications carrier last known to use or operate such facility and, if applicable, the owner of the real property upon which the telecommunications facility is installed, providing 30 days from the date of the notice within which to complete one of the following actions:

      (1)   Reactivate the use of the telecommunications facility;

      (2)   Transfer the rights to use the telecommunications facility to another telecommunications carrier;

      (3)   Dismantle and remove the telecommunications facility.

   (C)   Any telecommunications facility found in violation of this section may be dismantled and removed by the city at the telecommunication carrier's or the property owner's expense.

(`78 Code, § 17.65.080.) (Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007; Ord. 2432 § 5 (part), 1999.)

   The City Council hereby delegates to the Planning and Housing Commission the authority and power to establish by resolution, and amend from time to time, guidelines and requirements for telecommunications facilities located in the city.

(Ord. 3200 § 3 (part), 2015; Ord. 3195 § 2 (part), 2015; Ord. 2891 § 1 (part), 2007.)