(1)   The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

      (2)   The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

      (3)   The term includes: (1) any structure other than a tower that, at the time the relevant application is filed with the city, state or other local government under 47 C.F.R. § 1.6100, or any successor regulation, supports or houses equipment described in 47 C.F.R. §§ 1.6100(b)(1)(i) through (iii), or any successor regulation; and (2) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

   (4)   The term does not include any structure that, at the time the relevant application is filed with the city, state or other local government under this section, does not support or house equipment described in 47 C.F.R. §§ 1.6100(b)(1)(i) and (ii), or any successor regulation.

      (1)   For purposes of an eligible facilities request under Section 6409(a) of the Spectrum Act, COLLOCATION means the same as defined by the FCC in 47 C.F.R. § 6100(b)(2), as amended or superseded, which defines the term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

   (3)   Except as otherwise provided in division (1) or (2) of this definition, COLLOCATION means the addition of wireless telecommunications facilities to an existing wireless telecommunications facility so that one site is shared amongst the same or different carrier.

      (2)   For other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

   For purposes of this definition, the current boundaries of a SITE are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by the city, state or other local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.

      (1)   The facility:

         (a)   Is mounted on structures 50 feet or less in height including its antennas as defined in this section; or

         (b)   Is mounted on structures no more than 10% taller than other adjacent structures; or

         (c)   Does not extend existing structures on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater;

      (2)   Each antenna associated with the deployment, excluding associated antenna equipment (as defined in this section), is no more than three cubic feet in volume;

      (3)   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 28 cubic feet in volume;

      (4)   The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17, or its successor regulations;

      (5)   The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x), or its successor regulation; and

      (6)   The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), or its successor regulation.

      (1)   For towers located outside the public right-of-way, a SUBSTANTIAL CHANGE occurs when:

         (a)   The proposed modification increases the overall height of the tower by more than 10% or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater); or

         (b)   The proposed modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater); or

         (c)   The proposed modification involves the installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four cabinets; or

         (d)   The proposed modification entails any excavation or deployment of transmission equipment outside the current site by more than 30 feet in any direction; the site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.

      (2)   For all base stations located outside the public right-of-way, a SUBSTANTIAL CHANGE occurs when:

         (a)   The proposed modification increases the overall height more than 10% or ten feet (whichever is greater); or

         (b)   The proposed modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the base station by more than six feet; or

         (c)   The proposed modification involves the installation of any new ground-mounted equipment cabinets when there are no pre-existing ground-mounted equipment cabinets associated with the structure; or involves the installation of any new ground-mounted equipment cabinets that are more than 10% larger in height or overall volume than any other existing ground-mounted equipment cabinets associated with the structure; or

         (d)   The proposed modification involves excavation or deployment outside the current site.

      (3)   In addition, for all towers and base stations located outside of the public right-of-way, a SUBSTANTIAL CHANGE occurs when:

         (b)   The proposed modification does not comply with conditions of approval associated with the construction or modification of the eligible support structure or base station equipment; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

      (4)   For purposes of this definition, changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

      (1)   For purposes of an eligible facility under Section 6409(a) of the Spectrum Act, TOWER means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended or superseded, which defines the term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas 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 site.

      (2)   For any wireless facility that does not qualify as an eligible facility, a TELECOMMUNICATIONS TOWER or TOWER means a mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas; including without limitation, a building-mounted tower, ground-mounted tower, or roof-mounted tower.

      (1)   WIRELESS TELECOMMUNICATIONS FACILITY includes, but is not limited to, a small wireless facility, an eligible facility, and a major wireless telecommunications facility as defined in this chapter.

      (2)   Exceptions: The term WIRELESS TELECOMMUNICATIONS FACILITY does not apply to the following:

         (a)   A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission’s Rules, or its successor regulation.

         (b)   Any antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. § 1.4000, or its successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.

         (c)   Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Director.

         (d)   Any telecommunications facility owned, leased and/or operated by the city or any other governmental agency.

         (e)   Emergency medical care provider-owned and operated telecommunications facilities.

         (f)   Mobile services providing public information coverage of news events of a temporary nature.

         (g)   Any wireless telecommunications facilities exempted from this code by federal law or state law; subject to submittal of documentation establishing the applicable exemption.

         (h)   Any wireless telecommunications facility located within a public right-of-way owned or granted by easement or lease, operated, or controlled by the city, the state or the federal government. Wireless telecommunications facilities within any city rights-of-way are governed by and subject to Chapter 12.52 of this code and not by this chapter.

         (i)   Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

   (A)   All facilities for which applications were not approved prior to December 16, 2021, shall be subject to and comply with all provisions of this chapter;

   (B)   All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (§ 17.46.150), cessation of use and abandonment (§ 17.46.180), removal and restoration (§ 17.46.190) of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities (§ 17.46.160); provided, however, that in the event a condition of approval conflicts with a provision of this chapter, the condition of approval shall control until the permit is amended or revoked.

   (1)   Within NC, CRS, RCC, RCM, O/RD/LM, BE, M or P/QP zones if:

      (a)   Collocated with existing facilities;

      (b)   Building-mounted or roof-mounted to an existing or new building;

      (c)   Mounted to an existing pole or a new pole used to replace an existing pole;

      (d)   Mounted to a new telecommunications tower.

      (1)   Zoning districts RF, RE, RL, RM, RM/RH, RH, HWP, HR, HCD, or ANF;

      (2)   Any lot zoned for single family residential use;

      (3)   Any lot occupied with a single family home;

      (4)   Public property in or abutting residential zones or residential neighborhoods which is not located within a public right-of-way (provided that the use of any city-owned or leased public property shall also require approval of an agreement pursuant to § 17.46.100);

      (5)   On any parcel of real property in a non-residential zone which contains a lawful residential use; and any location within 100 feet, as measured from the exterior boundaries of the property, of a residential zone or a permitted residential use;

      (6)   Planned development and specific plan zones, if the zone or plan prohibits such facilities;

      (7)   Planned development and specific plan zones that are exclusively residential, unless the zone or plan specifically provides otherwise;

      (8)   In planned development and specific plan zones that include a mix of residential and non-residential uses, those areas of a planned development or specific plan zone that are designated as residential, unless the zone or plan specifically provides otherwise;

      (9)   Public property (excluding any public right-of-way) within or directly adjacent to RF, RE, RL, RM, RM/RH, RH, HWP, HR, HCD, or ANF zones;

      (10)   Public property (excluding any public right-of-way) within any district, zone, area or location if mounted to a new pole that is not replacing an existing pole; or

      (11)   Any public property (excluding any public right-of-way) that abuts the property line of a structure recognized as a local, state or national historic landmark, historic district or on the register of historic places.

   (C)   Planned development and specific plan zones. Except as otherwise required regarding discouraged locations under division (B) the following provisions apply to new or proposed facilities in a planned development or specific plan zone:

      (1)   In addition to any other permit required pursuant to this code, the installation of a new major wireless telecommunications facility or new major wireless telecommunications collocation facility, or the modification to an existing major wireless telecommunications facility or major wireless telecommunications collocation facility in a planned development or specific plan zone that specifically permits such facilities shall require a conditional use permit unless the zone or plan specifies a different permitting requirement.

      (3)   If an application for the proposed facility is submitted as an eligible facility, then the provisions governing eligible facilities requests apply and no CUP is required, unless the proposal constitutes a substantial change.

   (D)   Accessory equipment. In order of preference, accessory equipment for wireless telecommunication facilities and wireless telecommunications collocation facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the reviewing authority finds that another location is more technically feasible or more compatible with the city’s aesthetic, design and development standards under the circumstances of the application and the facility in the alternative location contains screening or other stealth elements which eliminate the visibility of the facility from surrounding properties.

   (B)   No speculative facilities. Any wireless telecommunications facility, wireless telecommunications collocation facility, and/or a telecommunications tower subject to this chapter, which is built on speculation and for which there is no wireless tenant, is prohibited within the city.

   (C)   Types of permits required. The level of permitting required for the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility on any private property or any public property outside the public rights-of-way in each zone shall be as shown in the following table:

 

 

   (B)   Voluntary pre-submittal conferences. The city strongly encourages, but does not require, applicants to schedule and attend a pre-submittal conference with the Director for all proposed wireless telecommunications facilities and wireless telecommunications collocation facilities projects. This voluntary pre-submittal conference is not part of the application process, and does not cause the shot clock to begin, and is intended to facilitate and streamline the review process through informal discussion and consultation that includes, without limitation, the appropriate project classification, potential eligibility as a permitted or conditionally permitted use, permit requirements and review process for a potential facility; any latent issues in connection with a potential project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Director shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request for a voluntary pre-submittal conference.

   (C)   Shot clock; timeline for review and action. In accordance with federal and/or state law, the timeline for review of and action on a wireless telecommunications facility application or wireless telecommunications collocation application shall begin to run when the application is submitted in writing to the Department but may be reset or tolled depending on the type of application upon the city’s issuance of a notice of incomplete application to the applicant pursuant to division (D) of this section, or by mutual agreement. Applications shall be processed in conformance with the time periods and procedures established by applicable state and federal law, and FCC regulations and orders. The following timing requirements shall apply:

      (1)   Small wireless facility.

         (a)   Sixty days. For an application to collocate a small wireless facility using an existing structure, the city will act upon the application within 60 days from the Department’s receipt of the written application packet, unless the time period is reset or tolled pursuant to § 17.46.060(D)(1)(a) or (D)(1)(b) or by mutual written agreement.

      (b)   Ninety days. For an application to collocate a small wireless facility using a new structure, the city will act upon the application within 90 days from the Department’s receipt of the written application packet, unless the time period is reset or tolled pursuant to § 17.46.060(D)(1)(a) or (D)(1)(b), or by mutual written agreement.

   (2)   Eligible facilities request.

      (a)   Sixty days. For an application for a modification of an existing wireless telecommunications facility that qualifies as an eligible facility defined in Section 6409(a), as codified in § 17.46.020 of this chapter, the city will act upon the application within 60 days from the Department’s receipt of the written application packet, unless the time period is tolled pursuant to § 17.46.060(D)(2)(a) or (D)(2)(b), or re-set or tolled by mutual written agreement.

   (3)   Major wireless telecommunications facilities.

      (a)   One hundred fifty days. For an application for a new major wireless telecommunications facility that is not for collocation, the city will act upon the application within 150 days from the Department’s receipt of the written application packet, unless the time period is tolled pursuant to § 17.46.060(D)(3)(a) or (D)(3)(b), or re-set or tolled by mutual written agreement.

      (b)   Ninety days. For an application for a major wireless telecommunications collocation facility on an existing structure, the city will act upon the application within 90 days from the Department’s receipt of the written application packet, unless the time period is tolled pursuant to § 17.46.060(D)(3)(a) or (D)(3)(b), or reset or tolled by mutual written agreement.

   (D)   Resetting or tolling of shot clock. Unless a written agreement between the city and the applicant provides otherwise, in the event that Department staff determines that a permit application is incomplete because it does not contain all the information, material and/or other documentation required by this section, Department staff may issue a notice of incomplete application to the applicant, and the shot clocks set forth above shall be reset or tolled as set forth in this division.

      (1)   Small wireless facilities.

         (a)   First incomplete notice. Staff shall determine whether an application is complete or incomplete within ten days of the city’s receipt of the initial application and shall notify the applicant in writing if the application is materially incomplete. The notice of incomplete application shall identify the specific missing information, materials and/or documents, and the ordinance, rule, statute or regulation creating the obligation to submit such information, materials and/or documents. The applicable shot clock date calculation shall re-start at zero on the date that the applicant submits all the information, materials and documents identified in the notice of incomplete application to render the application complete.

         (b)   Subsequent incomplete notices. For resubmitted applications following the initial notice of incomplete application, Department staff will notify the applicant within ten days of the city’s receipt of the resubmitted application whether the supplemental submission is complete or incomplete. If the supplemental submission is incomplete, the notice shall specifically identify the missing information, materials, and/or documents that must be submitted based on the Department’s initial incomplete notice. In the case of any such subsequent notices of incomplete application, the applicable timeframe for review shall be tolled from the day after the date the city issues the second or subsequent notice of incomplete application to the applicant until the applicant submits all the information, materials and documents identified by the city to render the application complete.

      (2)   Eligible facilities request.

         (a)   First incomplete notice. Staff shall determine whether an eligible facilities application is complete or incomplete within 30 days of the city’s receipt of the initial application and shall notify the applicant in writing if the application is materially incomplete. The notice of incomplete application shall identify the specific missing information, materials and/or documents, and the ordinance, rule, statute or regulation creating the obligation to submit such information, materials and/or documents. The 30-day shot clock date shall be tolled until the applicant submits all the information, materials and documents identified in the notice of incomplete application to render the application complete.

      (b)   Subsequent incomplete notices. For resubmitted applications following the initial notice of incomplete application, Department staff will notify the applicant within ten days of the city’s receipt of the resubmitted application whether the supplemental submission is complete or incomplete. If the supplemental submission was incomplete, the notice shall specifically identify the missing information, materials, and/or documents that must be submitted based on the Department’s initial incomplete notice. In the case of any such subsequent notices of incomplete application, the applicable timeframe for review shall be tolled from the day after the date the city issues the second or subsequent notice of incomplete application to the applicant until the applicant submits all the information, materials and documents identified by the city to render the application complete.

   (3)   Major telecommunications facilities.

      (a)   First incomplete notice. Staff shall determine whether an application is complete or incomplete within 30 days of the city’s receipt of the initial application and shall notify the applicant in writing if the application is materially incomplete. The notice of incomplete application shall identify the specific missing information, materials and/or documents, and the ordinance, rule, statute or regulation creating the obligation to submit such information, materials and/or documents. The applicable shot clock date calculation shall be tolled from the day after the date the city issues the notice of incomplete application until the applicant submits all the information, materials and documents identified in the notice of incomplete application to render the application complete.

      (b)   Subsequent incomplete notices. For resubmitted applications following the initial notice of incomplete application, Department staff will notify the applicant within ten days of the city’s receipt of the resubmitted application whether the supplemental submission is complete or incomplete. If the supplemental submission is incomplete, the notice shall specifically identify the missing information, materials, and/or documents that must be submitted based on the Department’s initial incomplete notice. In the case of any such subsequent notices of incomplete application, the applicable timeframe for review shall be tolled from the day after the date the city issues the second or subsequent notice of incomplete application to the applicant until the applicant submits all the information, materials and documents identified by the city to render the application complete.

   (E)   One submittal. The applicant’s response and submission of supplemental materials and information in response to any notice of incomplete application must be given to the city in one submittal packet.

   (F)   Determination of shot clock date. The shot clock is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of days of the shot clock period identified pursuant to division (C)(1)(a) or (C)(1)(b) (for small wireless facilities and other wireless telecommunications facilities excluding eligible facilities) or by the number of days of the shot clock identified pursuant to division (C)(2)(a) or (C)(2)(b) (for eligible facilities) and including any pre-application period asserted by the city; provided, that if the date calculated in this manner is a holiday, the shot clock date is the next business day after such holiday.

      (1)   For purposes of this division (F), the term HOLIDAY means any of the following: Saturday, Sunday, any holiday recognized by the city; and any other day recognized as a holiday by the FCC pursuant to any applicable federal regulations, orders or rulings of the FCC for the subject wireless telecommunications facility.

      (2)   For purposes of this division (F), the term BUSINESS DAY means any day that is not a holiday, as defined in division (F)(1).

   (G)   Withdrawal; extensions of time. To promote efficient review and timely decisions, any application deemed incomplete must be resubmitted within 180 days after issuance of any notification of incompleteness, or the application shall be deemed automatically withdrawn. Following the applicant’s request, the Director may in his or her discretion grant a one-time extension in processing time to resubmit, not to exceed 150 days. If the application is deemed automatically withdrawn (and any applicable extension period, if granted, has expired), a new application (including fees, plans, exhibits, and other materials) shall be required in order to commence processing of the application. No refunds will be provided for withdrawn applications.

   (H)   Application content. The Director shall develop application forms for permit applications as the Director deems appropriate based on the requirements of this chapter and any rules and regulations, and make the forms available to applicants upon request. An application for the approval of the installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, shall be provided by the applicant to the Director in writing on the city-approved form, and shall include the following information, in addition to all other information determined necessary by the Director as well as all other information required by the city as part of a complete application for the required permit. The requirements of this section may be supplemented by written rules and regulations adopted from time to time by the City Council.

      (1)   Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

      (2)   The type of facility, including a full written description of the proposed facility, its purpose and specifications, including, without limitation, all information and documentation demonstrating that the proposed facility qualifies for the type of permit applied for.

         (a)   An application for approval of a small wireless facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a small wireless facility as defined in this chapter and in accordance with the requirements of federal or state law.

         (b)   An application for approval of an eligible facility request shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as an eligible facilities request as defined in this chapter and in accordance with the requirements of Section 6409(a) and related federal regulations.

         (c)   An application for approval of a wireless telecommunications collocation facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a major wireless telecommunications collocation facility as defined in this chapter and in accordance with the requirements of Cal. Gov’t Code § 65850.6.

         (d)   An application for approval of a major wireless facility permit or major wireless telecommunications collocation facility shall include, but is not limited to, all information and documentation demonstrating that the proposed facility qualifies as a major wireless facility or major wireless telecommunications collocation facility as defined in this chapter and in accordance with the requirements of this chapter.

      (3)   A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Director.

      (4)   A noise study in a form satisfactory to the Director, which demonstrates the proposed facility and any related equipment will comply with the noise requirements of this chapter, the code and any rules and guidelines adopted by the city. The noise study shall be prepared and certified by an engineer licensed by the State of California for the proposed wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the city’s noise regulations. The acoustic analysis must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits.

      (5)   Photographs of facility equipment and an accurate visual impact analysis with photo simulations.

      (6)   Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the Federal Communications Commission.

      (7)   Proof of applicable licenses or other approvals for the facility required by the any other federal, state or local agency, such as the Federal Aviation Administration.

      (8)   A site justification analysis explaining the reasons for the proposed location for the subject installation.

      (9)   If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the city to evaluate that claim.

      (10)   Procedures to ensure that the facility will be maintained in substantial compliance with this chapter.

      (11)   For any facility proposed to be collocated on an existing or replacement pole owned by Southern California Edison (SCE), the applicant shall provide all authorization forms, studies, consent letters, and disconnect letters and other documentation required by SCE.

      (12)   For any facility proposed to be located on a utility pole subject to the PUC’s pole attachment rules, all joint pole authorization forms demonstrating compliance with the applicable pole attachment requirements and approvals by the utility owning the pole.

      (13)   An application and processing fee, a deposit for a consultant review as set forth in division (I) of this section, and a deposit for review by the city’s attorney, in an amount set by resolution by the City Council.

      (14)   Any other studies or information required by any rules and guidelines posted on the city’s website or as otherwise determined necessary by the Director may be required.

      (1)   The Director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility or wireless telecommunications collocation facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility or wireless telecommunications collocation facility and shall address any or all of the following:

         (a)   Compliance with applicable radio frequency emission standards;

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

         (c)   The accuracy and completeness of submissions;

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

         (e)   The applicability of analysis techniques and methodologies;

         (f)   The validity of conclusions reached or claims made by applicant;

         (g)   The proposal of alternative sites and alternative designs; and

         (h)   Any other specific technical issues designated by the city.

      (2)   The cost of the review by the independent expert consultant shall be paid by the applicant through a deposit pursuant to a fee schedule resolution adopted by the City Council. All costs shall be reasonable and consistent with industry standards.

      (1)   The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation facilities in order to ensure that the facility is as visually inconspicuous as possible, to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

      (2)   Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

      (3)   In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required.

   (C)   Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

   (D)   Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.

   (E)   Building-mounted and roof-mounted facilities. Except as expressly allowed otherwise by this chapter, building-mounted and roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the existing architecture of the building to which the facility is mounted in color, texture and type of material. Screening shall not change the aesthetic character of the building or roof structure to which the facility is attached or mounted.

   (F)   Facilities mounted to a telecommunications tower.

      (1)   Facilities mounted to a telecommunications tower shall be located in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light poles, and trees of comparable heights, and in areas where they will minimize aesthetic impacts.

      (2)   Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission requirements. The applicant shall provide documentation satisfactory to the Director establishing compliance with this division.

         (a)   No facilities mounted to a telecommunications tower shall:

            1.   Exceed 60 feet if located in a preferred location; or

            2.   Exceed 45 feet if an exception is granted for locating the proposed facilities in a discouraged location.

      (3)   All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the tower.

      (4)   Monopole installations shall be situated so as to utilize existing natural or man- made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

      (5)   All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

      (6)   Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this division.

      (7)   If a faux tree is proposed for the monopole installation (i.e. monopine, monopalm, etc.), it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, additional landscaping may be required to help integrate the faux tree into the surrounding area. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

   (G)   Accessory equipment. All accessory equipment associated with the operation of any wireless telecommunications facility or wireless telecommunications collocation facility shall be fully screened or camouflaged with stealth elements, and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation:

      (1)   Accessory equipment for building-mounted or roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such accessory equipment may be located on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.

      (2)   Accessory equipment for facilities mounted to a telecommunications tower shall be visually screened by locating the equipment either within a nearby building, in an underground vault where feasible (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the accessory equipment is located. Such enclosed structure shall be architecturally treated and/or adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

   (I)   Signage. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not bear any signs or advertising devices other than certification, warnings or other signage required by law or permitted by the city.

   (J)   Lighting. No wireless telecommunications facility or wireless telecommunications collocation facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as telecommunications towers.

   (K)   Noise.

      (1)   Each wireless telecommunications facility and wireless telecommunications collocation facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

         (a)   At no time shall equipment noise from any facility exceed an exterior noise level of 50 dBA at the facility’s property line if the facility is located in a business, commercial or manufacturing zone or a planned development or specific plan zone that permits those uses, provided, however, that for any such facility located within 500 feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of such residential property, measured pursuant to the procedures specified in Chapter 9.44 of this code. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property, measured pursuant to the procedures specified in Chapter 9.44 of this code.

         (b)   All air conditioning units and any other equipment that may emit noise that would be audible from beyond the facility’s property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this chapter.

      (2)   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 7:00 PM and 7:00 AM.

   (L)   Security. Each wireless telecommunications facility and wireless telecommunications collocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance.

   (M)   Modification. To the extent authorized by state and federal laws and regulations, at the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. If the proposed modification is submitted as part of an eligible facility request, then the provisions governing eligible facilities apply, provided there is no substantial change.

      (1)   In addition to compliance with the requirements of this chapter, upon approval, all wireless telecommunications facilities and wireless telecommunications collocation facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

         (a)   If as-built drawings have not been previously submitted, the permittee shall submit an as built drawing within 90 days after installation of the facility.

         (b)   The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

            1.   Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

            2.   The legal status of the owner of the wireless telecommunications facility, including official identification numbers and Federal Communications Commission certification.

            3.   Name, address and telephone number of the property owner if different than the permittee.

         (c)   Upon any transfer or assignment of the permit, the transferee or other new permittee shall comply with all requirements of the existing permit and all of its conditions of approval including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing permit, the Director shall notify the permittee who shall either revise the application or apply for modification of the permit pursuant to the requirements of this municipal code.

         (d)   The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

         (e)   At all times, all required notices and signs shall be posted on the site as required by the Federal Communications Commission and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

         (f)   At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration.

         (g)   If the Director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the Director may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.

         (h)   Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this municipal code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the Director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.)

         (i)   If a nearby property owner registers a noise complaint and such complaint is verified as valid by the Police Department, Code Enforcement, or other city department, the city may hire a consultant to study, examine and evaluate the noise complaint, and the permittee shall pay the fee for the consultant. The matter shall be reviewed by the Development Review Committee. If the Development Review Committee determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the code, the Development Review Committee may impose that condition on the project after notice and a public hearing. (A condition incorporating the applicable noise limitations of this chapter shall also be included in the conditions of approval.)

         (j)   Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city and its elected and appointed council members, boards, commissions, officers, officials, 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 the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, 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, but not limited to, choosing counsel for the defense at permittee’s expense.

         (k)   A condition setting forth the permit expiration date in accordance with § 17.46.170 shall be included in the conditions of approval.

      (1)   The proposed wireless telecommunications facility or wireless telecommunications collocation facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.

      (2)   The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a wireless telecommunications facility or wireless telecommunications collocation facility.

      (3)   That general landscaping considerations as outlined in this chapter, when applicable, have been complied with to complement the structures and antenna, provide an attractive environment and preserve natural features and elements.

      (4)   The proposed wireless telecommunications facility or wireless telecommunications collocation facility complies with all federal RF emissions standards and all other requirements of the FCC, CPUC, and any other federal and/or state agency.

      (5)   The applicant has demonstrated that the proposed wireless communications facility or wireless telecommunications collocation facility is in compliance with all federal and/or state requirements, including but not limited to, FCC and CPUC requirements, including but not limited to all applicable RF emissions standards and all other requirements of any federal and/or state agency.

      (6)   The proposed facility has been designed and located in compliance with all applicable provisions of this chapter and all applicable construction codes.

      (7)   The applicant has demonstrated that the proposed facility will not cause any interference with city or other governmental emergency operations, as evidenced by competent evidence.

      (8)   The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.

      (9)   The applicant has submitted a statement of its agreement to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

   (B)   Additional findings for facilities not collocated. In addition to all other findings required by this chapter, to approve a wireless telecommunications antenna that is not collocated with other existing or proposed wireless telecommunications facilities or a new or replacement ground-mounted antenna, monopole, or lattice tower, the reviewing authority shall be required to also find that collocation or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such siting:

      (1)   Would have more significant adverse effects on views or other environmental considerations;

      (2)   Would impair the quality of service to the existing wireless telecommunications facility; or

      (3)   Would require existing wireless telecommunications facilities at the same location to go off-line for a significant period of time.

   (C)   Eligible facilities requests.

      (1)   Required findings for approval. In addition to all other findings required by this chapter, an eligible facilities request shall not be approved unless the Director makes all of the following findings:

         (a)   The proposed project facility is for the collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;

         (b)   The proposed facility does not constitute a substantial change to the physical dimensions of the existing wireless tower or base station, as defined in this chapter; and

         (c)   The proposed facility otherwise qualifies as an eligible facility under then-existing provisions of Section 6409(a) and all applicable federal regulations.

      (2)   Grounds for denial. In addition to any other alternative recourse permitted under federal law, the Director may deny approval of an eligible facilities request when the Director finds that the proposed facility:

         (a)   Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or

         (b)   Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or

         (c)   Involves the replacement of the entire support structure; or

         (d)   Does not qualify for mandatory approval under Section 6409(a) for any lawful reasons.

      (3)   Denial without prejudice. Any denial of an eligible facility request shall be without prejudice to the applicant, the real property owner or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for an eligible facilities request.

   (B)   Requirements. No approval granted under this chapter for locating facilities on any city property outside of the public rights-of-way shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy such city property shall be used or maintained. Such agreement shall include, but not be limited to, the following:

      (1)   Term.

      (2)   Rents, fees and costs.

      (3)   Inspection and maintenance requirements.

      (4)   Indemnification of the city.

      (5)   Insurance requirements.

      (6)   Waiver of monetary damages against the city.

      (7)   Removal, restoration and clean-up requirements.

      (8)   Requirement to pay possessory interest taxes, if any.

      (9)   Such other provisions, terms and conditions deemed necessary and appropriate by the city based on the application.

   (C)   Conditional use permit. A conditional use permit approved by the Planning Commission pursuant to § 17.46.040(B) shall also be required for any proposed major wireless telecommunications facility or major wireless telecommunications collocation facility on any city property located outside the rights-of-way. The agreement referred to in division (B) shall not be effective until approval of the conditional use permit by the city. In addition, all ministerial permits shall be obtained as a condition of the installation, construction or other deployment of the proposed facility.

   (B)   Permit or review required. In addition to any other permit required by this code, a wireless telecommunications collocation facility shall be subject to either an administrative review, a minor conditional use permit or a conditional use permit. Whether the permit is an administrative review, a minor conditional use permit or a conditional use permit will depend upon whether the application is for an initial collocation facility or is for a subsequent collocation facility and the proposed facility’s dimensions, bulk, size and location, based upon the type of permit that would be required by this chapter if a wireless telecommunications facility permit was instead requested.

   (C)   Application, standards and approval requirements. All requirements, regulations, standards and conditions set forth in this chapter for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:

      (1)   The applicant for a wireless telecommunications collocation facility permit shall answer each question or request on the required application form so as to describe or depict:

         (a)   The wireless telecommunications collocation facility as it will be initially built; and

         (b)   All collocations at full build-out, including, but not limited to, all antennas, antenna support structures and accessory equipment.

      (2)   Any collocation shall use screening and camouflage or other stealth methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening and camouflage or other stealth methods are specified in the conditions of approval.

   (D)   Notwithstanding any other provision of this chapter, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use pursuant to Cal. Gov’t Code § 65850.6 subject only to administrative review and any other ministerial permits, if all of the following requirements are met:

      (1)   The wireless telecommunications collocation facility was approved after January 1, 2007, by discretionary permit issued by the city;

      (2)   An environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted, for the wireless telecommunications collocation facility in compliance with CEQA; the requirements of Cal. Public Resources Code §

      (3)   The proposed wireless telecommunications facility otherwise complies with the requirements of Cal. Gov’t Code § 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this chapter and the conditions of approval in the wireless telecommunications collocation facility permit;

      (4)   Provided, however, only those collocations that were specifically considered when the relevant environmental document was prepared are a permitted use.

      (5)   Before collocation, the applicant seeking collocation shall obtain all other applicable ministerial permit(s), as required pursuant to this code.

   (E)   Facility modifications. Except as otherwise provided above, approval of a new or amended facility permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:

      (1)   Increases the height of the existing permitted telecommunications tower or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility or Section 6409(a); or

      (2)   Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by the conditions of approval.

   (F)   Effect of changes to state law. This section does not and shall not be construed to grant any rights beyond those granted by Cal. Gov’t Code § 65850.6. In the event Cal. Gov’t Code § 65850.6 is stayed, amended, revised or otherwise not in effect, no modifications to a wireless telecommunications colocation facility shall be processed or approved under this § 17.46.120.

   (A)   Each permittee of a wireless telecommunications facility or wireless telecommunications collocation facilities shall provide the Director with the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility (“contact information”). Contact information shall be updated within seven days of any change.

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

      (1)   General dirt and grease;

      (2)   Chipped, faded, peeling, and cracked paint;

      (3)   Rust and corrosion;

      (4)   Cracks, dents, and discoloration;

      (5)   Missing, discolored or damaged artificial foliage or other camouflage;

      (7)   Broken and misshapen structural parts; and

      (8)   Any damage from any cause.

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

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

   (E)   Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including Federal Communications Commission radio frequency emissions standards.

   (F)   Each facility shall be operated and maintained to comply at all times with the noise regulations of this chapter, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Director. Backup generators, if permitted, shall only be operated during emergencies, periods of power outages or for testing.

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

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

   (B)   A permittee may apply for extensions of its permit in increments of ten years no sooner than six months prior to expiration of the permit.

   (C)   If a permit has not expired at the time application is made for an extension, the Director may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of this code that are in effect at the time the permit extension is granted.

      (1)   At the Director’s discretion, additional studies and information may be required of the applicant.

      (2)   If the Director determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of this code that are then in effect at the time of permit expiration, the Director shall refer the extension request to the Planning Commission.

   (D)   The request for an extension shall be decided by the Planning Commission if the permit expired before the application is made for an extension or if the Director refers the matter to the Planning Commission. After notice and a public hearing, the Planning Commission may approve, conditionally approve or deny the extension.

   (B)   The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of any discontinuation of operations of 30 days or more.

   (C)   Failure to inform the Director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

      (1)   Prosecution;

      (2)   Revocation or modification of the permit;

      (4)   Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or

      (5)   Any other remedies permitted under this code.

   (B)   Failure to remove. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within 90 days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this code, and be grounds for:

      (1)   Prosecution;

      (2)   Calling of any bond or other assurance required by this chapter or conditions of approval of permit;

      (3)   Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or

      (4)   Any other remedies permitted under this code.

   (C)   Summary removal. In the event the Director determines that the condition or placement of any wireless telecommunications facility or wireless telecommunications collocation facility located on private or public property outside the public rights-of-way constitutes a dangerous condition, or is an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.

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

      (1)   Compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or would result in an effective prohibition of service. The applicant will be required to prove that there are no feasible alternatives to the exception request. An exception request may be subject to peer review conducted by a qualified RF engineering consultant selected by the city and paid for by the project applicant.

      (2)   Because of special, unique circumstances applicable to the proposed location, site and/or the proposed wireless telecommunications facility, the strict application of the requirements of the chapter would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar wireless telecommunications facility.

      (3)   Denial of the facility as proposed would violate federal law, state law, or both.

      (4)   A provision of this chapter, as applied to applicant, would deprive the applicant of its rights under state and/or federal law.

   (B)   Conditions. An exception may be granted subject to such conditions or other requirements that will meet the purposes and intent of this chapter.

   (C)   Procedure.

      (1)   An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit or wireless telecommunications facility collocation permit.

      (2)   Notwithstanding any other provision of this chapter, a conditional use permit shall be required for a facility when an exception is requested, and for any facility proposed in a discouraged location.

   (D)   Burden. The applicant shall have the burden of proving that denial of the facility as proposed would violate state and/or federal law, or the provisions of this chapter, as applied to applicant, would deprive applicant of its rights under state and/or federal law, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim.

   (E)   Prohibitions. Notwithstanding any other provision of this section, in no event shall an exception be granted to allow a wireless telecommunications facility or wireless telecommunications collocation facility to locate in any of the following districts, zones, lots, sites, areas or locations if the reviewing authority makes any of the following findings:

      (1)   The proposed facility will cause interference with city or other governmental emergency operations, as evidenced by competent evidence; or

      (2)   The applicant has failed to obtain any applicable other permits or approvals required under federal or state law in order to obtain a city approval under this chapter.

      (1)   Procedures and requirements for power generators that do not qualify for nondiscretionary review under Cal. Gov’t Code § 54850.75 and this section shall be governed by § 17.46.220 of this chapter. Procedures and requirements for a backup power supply that qualifies as transmission equipment of an eligible facility shall be governed by procedures and requirements for eligible facilities requests unless the proposal constitutes a substantial change.

      (2)   Emergency standby generators on macro cell tower sites and other power generators in public rights-of-way are governed by Chapter 12.52 of Title 12 and not by this chapter.

   (B)   Eligibility criteria. In addition to any other ministerial permit required by this code, an emergency standby generator proposed to be installed to serve a macro cell tower site shall be approved by the Director on a nondiscretionary basis, subject to administrative review, if the Director finds that the proposed generator meets all of the following eligibility criteria.

      (1)   The emergency standby generator is: rated below 50 horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed 300 gallons, and is mounted on a concrete pad.

      (2)   The macro cell tower site on which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the city.

      (3)   The emergency standby generator complies with all applicable state and local laws and regulations, including construction codes.

      (5)   The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.

   (C)   Director findings. The Director shall carry out administrative review of an application for an emergency standby power generator submitted for nondiscretionary review pursuant to this section to determine whether the proposed generator meets the requirements of Cal. Gov’t Code § 65850.75 as set forth in division (B). The Director shall not approve the application unless the Director makes findings that the application meets all criteria set forth in division (B).

   (D)   Application content -- General requirements. The Director shall develop permit application forms as the Director deems appropriate based on the requirements of this section and the rules and guidelines that are posted on the city’s website, and make the forms available to applicants upon request. An application for the approval of the installation or modification of an emergency standby generator on macro-cell tower sites shall be provided by the applicant to the Director in writing on the city-approved form, and shall include the following information and documentation, in addition to all other information and documentation determined necessary by the Director as well as all other information and documentation required by the city as part of a complete application for the required permit. The requirements of this section may be supplemented by rules and guidelines adopted from time to time by the City Council or Director-implemented supplemental rules, regulations and procedures, which shall be posted on the city’s website. The applicant shall also submit any other application for a ministerial permit required by this code (such as an encroachment permit, excavation permit or building permit) concurrent with the emergency standby generator permit application.

      (1)   One submittal. The application, and all supporting information and documentation, shall be given to the city in one submittal packet. If the generator is proposed for a new facility, or a collocation or other modification to an existing facility, the application and supporting documentation shall be given to the city in one submittal packet as part of the underlying facility application.

      (2)   Application contents. The application shall contain all of the following:

         (a)   Applicant information. Full name and contact information for the applicant, facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

         (b)   Description. A full written description of the proposed emergency standby generator, its purpose and specifications; and the type of emergency standby generator.

         (c)   Justification. All information and documentation including without limitation, all information and documentation demonstrating that the proposed generator qualifies as an emergency standby generator under Cal. Gov’t Code § 65850.75, in accordance with the eligibility criteria set forth in § 12.52.220(B).

         (d)   Site plan. The site plan shall show the location of the generator in relation to other structures, property lines, and the electrical service.

         (f)   Electrical. Describe and specify all of the following:

            1.   Location of the generator in relation to the electrical service equipment.

            2.   The maximum power in watts (KW) and the applied voltage of the generator.

            3.   Transfer of the backup power to the building electrical system.

            4.   Current ratings of the transfer equipment.

            5.   Manufacturer’s listing and installation instructions.

            6.   A single line diagram, stamped and signed by either an electrical engineer or an electrical contractor.

         (g)   Plumbing.

            1.   Provide gas pipe sizing for natural gas installations.

         (h)   Manufacturer’s specifications.

            1.   The type of fuel, size of fuel tank, or size of natural gas line.

            2.   The maximum kilowatt (KW) rating and the applied voltage.

            3.   The transfer switch, manual or automatic, and the current ratings (AIC) of the transfer equipment.

            4.   Manufacturer’s listings and installation instructions for the generator.

         (i)   Fire Department.

            1.   Review and permit from City Fire Department.

         (j)   Governmental agency compliance.

            1.   Documentation establishing compliance with any permit or other clearance required by the South Coast Air Quality Management District, CPUC and any other state, federal or local agency with jurisdiction over the proposed generator.

         (k)   Code compliance.

         (l)   Noise study.

            1.   A noise study in a form satisfactory to the Director or the Director’s designee, which demonstrates the proposed generator and any related equipment will comply with the noise requirements of this chapter and the code.

         (m)   Photographs.

            1.   Photographs of the generator and an accurate visual impact analysis with photo simulations.

         (n)   Maintenance.

            1.   A maintenance plan.

         (o)   Exception.

            1.   If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the city to evaluate that claim.

         (p)   Additional information.

            1.   Any other studies or information required by the city as determined necessary by the Director and posted on the city’s website.

      (3)   Fees. The application shall be accompanied by the fee established by resolution of the City Council. The fee will cover its costs associated with administering this section, and shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes.

   (E)   Shot clock; timeline for review and action. The timeline for review of and action on an emergency standby generator shall begin to run when the application is submitted in writing to the Department but may be reset or tolled by mutual written agreement or upon the city’s issuance of a notice of incomplete application to the applicant pursuant to this division. Applications shall be processed in conformance with the time periods and procedures established by applicable state law and regulations. The following timing requirements shall apply:

      (1)   Sixty days. For an application to install an emergency power generator on a macro cell tower site that meets the requirements of division (C) of this section, the Director shall approve or deny the application within 60 days of submittal of the application, subject to all of the following:

         (a)   First incomplete notice. Staff shall determine whether an application is complete or incomplete within ten days of the city’s receipt of the application, and shall notify the applicant in writing if the application is incomplete. The notice of incomplete application shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. Upon issuance of the incomplete notice, then the 60-day period shall be suspended.

         (b)   Subsequent incomplete notice. Upon resubmittal of the application, a new 60-day period shall begin, during which the city shall determine the completeness of the application. In any subsequent review of the application following resubmittal after issuance of an incomplete notice, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. In the case of any such subsequent notices of incomplete application, the 60-day period shall be suspended. Upon resubmittal, a new 60-day period shall begin until the applicant submits all the information, materials and documents identified by the city to render the application complete.

         (c)   More than one permit. If the city requires more than one permit application for the installation of an emergency standby generator, all applications shall be submitted concurrently, and all permits shall be issued within the same 60-day period set forth in this division.

         (d)   Except as otherwise provided by state law, a completed application that the city has not approved or denied within 60 days of receiving the application or upon expiration of any tolling period shall be deemed approved.

      (2)   One submittal. The applicant’s response and submission of supplemental materials and information in response to any notice of incomplete application must be given to the city in one submittal packet. If the application is submitted in conjunction with an application for an underlying facility, and a notice of incomplete application was issued for the underlying facility, the supplemental materials and information for the proposed generator shall be submitted as part of one submittal packet for the facility.

   (F)   Revocation. The city may revoke the permit for an emergency standby generator that is determined to violate an applicable state or local law or regulation, including but not limited to, construction codes, and shall be entitled to enforce all state and local law with respect to the emergency standby generator.

   (G)   Consent or authorization from property owner. Proof of consent or other authorization from the underlying property owner shall not be required as part of the initial application for an emergency standby generator permit. The applicant shall not install the emergency standby generator until the applicant provides documentation of such property owner consent or other authorization as required by the city.

   (H)   Effect of changes to state law. This section does not and shall not be construed to grant any rights beyond those granted by Cal. Gov’t Code § 65850.75. In the event Cal. Gov’t Code § 65850.75 is stayed, amended, revised or otherwise not in effect, no applications or modifications to an emergency standby power generator shall be processed or approved under this section or any other provision of this code.

   (I)   Sunset clause. This § 17.46.210 shall remain in effect until January 1, 2024, and as of that date is repealed, unless the State Legislature extends the effective date of Cal. Gov’t Code § 65850.75, in which case, this section shall remain in effect as long as Cal. Gov’t Code § 65850.75 or any successor statute remains in effect.

   (B)   Requirements.

      (1)   Wireless telecommunications facility. No power generator subject to this section shall be deployed on any major wireless facility site on private property or on public property outside the PROW unless submitted as part of and approved in conjunction with an application for the underlying wireless telecommunications facility on such property.

      (2)   Minor CUP. A minor conditional use permit approved by the Development Review Committee pursuant to Chapter 17.52 shall be required for any application to install a power generator on private property or public property outside the PROW in conjunction with deployment of any major wireless facility on such property. An application that includes a backup power supply that qualifies as transmission equipment as part of an eligible facility request shall be governed by procedures and requirements for eligible facilities unless the proposal constitutes a substantial change.

         (a)   Fossil fuel generators or other similar noise or odor producing generators. An applicant who proposes to install a fossil fuel generator or other similar noise or odor producing generator shall submit information and documentation to show good cause why the facility cannot feasibly achieve its power needs with batteries, natural gas powered generators, fuel cells, solar power or other similarly non-polluting, low noise-level means. As used in this division (B)(2)(a), the phrase GOOD CAUSE includes commercial impracticability, actual unavailability, and inability of alternative means to feasibly achieve the power needs of the facility. The DRC shall include findings on whether the applicant established good cause in its decision on the proposed minor CUP.

         (b)   Prohibited locations. Notwithstanding any other provision of this chapter, the DRC shall not grant an exception for a fossil fuel generator or other similar noise or odor producing generator proposed to be located on private property or public property outside the PROW if such generator would be within 250 feet of any residence, educational institution or park. The 250-foot distance shall be measured from the proposed generator to the nearest property line of the lot on which the residence, educational institution, or park is located.

      (3)   Compliance with chapter. In addition to the requirements of this section, power generators shall comply with all other provisions of this chapter.

      (4)   Other permits. No power generator shall be deployed on any major wireless facility site subject to this section without approval of all other ministerial permits required under the code.

      (5)   Construction codes. Compliance with applicable construction codes and other health and safety standards shall be required as a condition of the installation, construction or other deployment of any proposed emergency standby generator for any major wireless facility site subject to this section as determined by the Director.

         (a)   Provisions. The agreement shall include, but not be limited to, provisions addressing the following: term; rents, fees and costs; inspection and maintenance requirements; indemnification of the city; insurance requirements; waiver of monetary damages against the city; removal, restoration and clean-up requirements; requirement to pay possessory interest taxes, if any; and such other provisions, terms and conditions deemed necessary and appropriate by the city based on the application, and consistent with federal and state law.

         (b)   Additional permits. The agreement shall be in addition to, and not a substitute, for any other permit required by any provision of this chapter or code. The agreement shall be fully executed by the city and applicant prior to the applicant’s submittal of any application for a power generator on a major wireless facility site under this division or any other provision of this code. In addition, all ministerial permits shall be obtained as a condition of the installation, construction or other deployment of any proposed power generator for any major wireless facility site on private property or public property outside the PROW in accordance with applicable construction codes and other health and safety codes.

   (C)   Application content — General requirements. The Director shall develop permit application forms as the Director deems appropriate based on the requirements of this section and any city rules and guidelines, and make the forms available to applicants upon request. An application for the approval of the installation or modification of a power generator on a major wireless facility site subject to this section shall be provided by the applicant to the Director in writing on the city-approved form, and shall include the following information and documentation, in addition to all other information and documentation determined necessary by the Director as well as all other information and documentation required by the city as part of an complete application for the required permit. The requirements of this section may be supplemented by rules and guidelines adopted from time to time by the City Council or Director-implemented supplemental rules, regulations and procedures. The applicant shall also submit any other application for a minor conditional use permit and ministerial permit required by this code (such as an encroachment permit, excavation permit or building permit) concurrent with the emergency standby generator permit application.

      (1)   One submittal. The application, and all supporting information and documentation, shall be given to the city in one submittal packet. If the generator is proposed for a new facility, or a collocation or other modification to an existing facility, the application and supporting documentation shall be given to the city in one submittal packet as part of the underlying facility application.

      (2)   Application contents.

         (a)   The application shall contain all information and documentation required by § 17.46.210(D)(2); and

         (b)   Proof of property owner consent or authorization for installation or other deployment of the power generator; and

         (d)   An application and processing fee, a deposit for independent consultant review, and a deposit for review by the City Attorney’s office, in an amount set by resolution by the City Council.

   (D)   Additional requirements. The following additional provisions of this chapter shall apply to applications submitted under this section.

      (1)   Section 17.46.080: Conditions of Approval for All Facilities.

      (2)   Section 17.46.150: Operations and Maintenance Standards.

      (3)   Section 17.46.160: No Dangerous Conditions or Obstructions Allowed.

      (4)   Section 17.46.180: Cessation of Use or Abandonment.

      (5)   Section 17.46.190: Revocation or Modification; Removal.

   (E)   DRC findings. The DRC shall review the application to determine if the application meets all of the requirements of this section. The DRC shall not approve the application for the power generator, subject to conditions, unless the DRC finds that the proposed power generator complies with all requirements of this section, and also finds that the Director made all findings required for approval of the underlying wireless telecommunications facility or wireless telecommunications collocation facility as set forth in § 17.46.090.

   (B)   If subsequent to the issuance of the City Attorney’s written determination pursuant to division (A) above, the City Attorney determines that the law has changed and that discretionary permitting is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney’s written determination shall be a public record.