Placentia City Zoning Code

All facilities for which applications were not approved prior to November 3, 2017 shall be subject to and comply with all provisions of this chapter.

All facilities for which applications were approved by the city prior to November 3, 2017 shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any communication facility that was lawfully constructed prior to November 3, 2017 that does not comply with the standards, regulations and/or requirements of this chapter, shall be deemed a nonconforming use.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (Section 23.83.130 (Operation and maintenance standards)), cessation of use and abandonment (Section 23.83.170 (Cessation of use or abandonment)), removal and restoration (Section 23.83.180 (Removal and restoration—Permit expiration, revocation or abandonment)) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (Section 23.83.150 (No dangerous condition or obstructions allowed)); provided, however, that if a condition of approval conflicts with a provision of this chapter, the condition of approval shall control until the permit is amended or revoked.

Amateur radio facilities;

Over the air reception devices (“OTARD”) antennas;

Facilities owned and operated by the city for its use;

Any entity legally entitled to an exemption pursuant to state or federal law or city-issued franchise agreement.

Discretionary Permit. The director may issue a special use permit for new facilities or collocations or modifications to existing facilities that meet all the following criteria:

Referral to Commission. The director may, in the director’s discretion, refer any application for a special use permit to the planning commission for approval, which approval shall be granted if the commission makes the findings required in Section 23.83.090.

The facility will comply with all applicable laws including, but not limited to:

The proposed facility will be installed on either:

The applicant has provided technical data clearly demonstrating that there is a significant gap in the applicant’s coverage and the facilities proposed are needed to fill that gap.

The city has issued all required wireless telecommunications encroachment permit(s) and entered into any required master license agreement.

All accessory equipment is housed in a container which is either: (a) attached to the pole such that it does not protrude from the pole by more than four inches; is attached more than ten (10) feet above the ground; and is camouflaged to the extent feasible; or (b) installed underground.

The facility is a “small cell” facility which has antennas (or antenna sheathing) that is all of the following:

Notwithstanding any other provision of this code to the contrary, any applicant that seeks approval for five (5) or more wireless telecommunications facilities in the right-of-way and/or public property (including new facilities and collocations to existing facilities) may elect to submit an application for a master deployment plan permit subject to planning commission approval. Any master deployment plan shall expire thirty-six (36) months after the effective date of the approval unless the planning commission establishes a shorter time period. The proposed facilities in a master deployment plan shall be reviewed together at the same time and shall be otherwise subject to the same requirements and procedures applicable to a major wireless communication facility permit. Only facilities in the right-of-way and/or public property may be covered by a master deployment plan. Any master deployment plan shall be required to enter into a master license agreement.

A master deployment plan permit shall be deemed an approval for all wireless telecommunications facilities within the plan; provided, however, that an individual encroachment permit shall be required for each communication facility built pursuant to the plan.

Each facility proposed to be constructed pursuant to a master deployment plan permit, shall be built in strict compliance with the approved plan. Any deviations or alterations from the approved master deployment plan for an individual communication facility shall be considered as through no master deployment plan permit had been issued and shall require either a major, minor, or ministerial wireless communication facilities permit, as applicable.

An applicant that proposes to amend a master deployment plan permit shall apply to the city and follow the same procedures as would otherwise be required to obtain a new master deployment plan permit.

In addition to the information required of an applicant for a wireless communication facility encroachment permit or any other permit required by this code, each applicant requesting approval of the installation or modification of a communication facility in the public right-of-way and city property shall fully and completely submit to the city a written application on a form prepared by the director.

No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the right-of-way.

Contact Information. The name, address, email address, and telephone number of the applicant, owner and the operator of the proposed facility, and the date the application was received by the city.

Written Authorization. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner’s property, including written authorization from the Southern California Joint Pole Committee.

Engineering Plans. Detailed engineered improvement plans of the proposed facility and related report prepared by a professional engineer registered in the state of California documenting the following:

Justification for Facility. A justification study which includes the rationale for selecting the proposed use; if applicable, a detailed explanation of the coverage gap that the proposed use would serve; and how the proposed use is the least intrusive means for the applicant to provide wireless service. Said study shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed facility and why said alternatives are not a viable option.

Environmental. A completed environmental assessment.

Request for Exception. If the applicant requests an exception to the requirements of this chapter (in accordance with Section 23.83.190 (Exceptions)), the applicant shall provide all information and studies necessary for the city to evaluate that request.

Proof of RF Emission Compliance. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power “ERP”) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

FAA Documents. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.

Fee. An application fee, and a deposit for a consultant’s review as set forth in subsection (e) of this section in an amount set by resolution by the city council and in accordance with applicable law (e.g., California Government Code Section 50030).

RF Exposure Checklist. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission’s (FCC) “Local Government Official’s Guide to Transmitting Antenna RF Emission Safety”, as it may be amended from time to time, to determine whether the facility will be “categorically excluded” as that term is used by the FCC.

Site Plans. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, adjacent land uses, and showing compliance with Section 23.83.080 (Requirements for facilities within the public right-of-way).

Traffic Control. If an encroachment permit is required, then the encroachment permit procedures shall control whether (or not) a traffic control plan is required. If no encroachment permit is required, then a traffic control plan is required if either: (a) the proposed installation is on any street in a non-residential zone; or (b) the applicant seeks to use large equipment (e.g., crane) and the director decides to require a traffic control plan.

Other Information. Any other information and/or studies determined necessary by the director may be required.

Owner Authorization. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services.

Written Description. A full written description of the proposed facility and its purpose.

Mock Up and Sign. Proof that a temporary mock-up of the facility and sign has been installed at the proposed location for a period of at least thirty (30) calendar days which facility roughly replicates for the public the proposed height and bulk of the proposed structure. If the director finds the applicant’s cost of complying with this requirement would greatly outweigh the value of such compliance, then the director may waive the requirement that the applicant install the mock up (but not the installation of the sign, which still requires an encroachment permit).

Elevations. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening.

Noise Study. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed communication facility will comply with this code including Section 23.83.080(a)(16)(B). The director may waive the requirement for a noise study if the director finds the cost of creating the study would greatly outweigh the value of receipt of such study.

Propagation Maps. A written description identifying the geographic service area for the subject installation including geographic and propagation maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the city by each of the applicant, operator, and owner, if different entities, as well as the estimated number of potentially affected uses in the geographic service area. Regardless of whether a master deployment plan permit is sought, the applicant shall depict all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.

CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

Visual Depiction. Accurate visual impact analysis showing the maximum silhouette, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least three (3) different angles.

Landscape Plan. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

Compliance with applicable radio frequency emission standards;

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

The accuracy and completeness of submissions;

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

The applicability of analysis techniques and methodologies;

The validity of conclusions reached or claims made by applicant;

The viability of alternative sites and alternative designs; and

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

When Hearings Required.

Notice of Decisions.

Denials.

Notice of Shot Clock Expiration.

General Guidelines.

(Reserved)

Traffic Safety. All facilities shall be designed and located in such a manner to avoid adverse impacts on traffic safety. Among other things, when determining traffic safety impacts, the city will consider the views of the Manual for Uniform Traffic Control Devices (MUTCD) and whether the proposed installation location is high enough and far enough away from the street to minimize the risk of high profile vehicles colliding with the installation.

Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

Equipment. The applicant shall use the least visible equipment possible. 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. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible.

Poles.

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

Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists so as not to obstruct the intersection sight distance.

Public Facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least eighteen (18) inches from the curb and gutter flow line.

Accessory Equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility.

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

Lighting.

Noise.

Security. Each 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 director 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. Additionally, no lethal devices or elements shall be installed as a security device.

Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a communication 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.

The installation and construction approved by a communication facility permit shall begin within one year after its approval or it will expire without further action by the city.

As Built Drawings. The permittee shall submit an as built drawing within ninety (90) days after installation of the facility. As-builts shall be in an electronic format acceptable to the city which can be linked to the city’s GIS.

Contact Information. 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 thirty (30) 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:

Assignment. The permittee shall notify the city in writing at least ninety (90) days prior to any transfer or assignment of the permit. The written notice required in this section must include: (A) the transferee’s legal name; (B) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (C) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set on in Section 23.83.180 (Removal and restoration—Permit expiration, revocation or abandonment).

Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, 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.

Security. Permittee shall pay for and provide a performance bond or other form of security approved by the city attorney’s office, 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 code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument.

Noise Complaints. If a nearby property owner or occupant registers a noise complaint and city forwards the same to the permittee (personally identifiable information may be redacted), the permittee shall have ten (10) business days to file a written response regarding the complaint which includes any applicable remedial measures. If the city determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the city may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this chapter. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with this code, the director may impose conditions on the project to achieve said objective.

Permit Expiration. A condition setting forth the permit expiration date in accordance with Section 23.83.160 (Permit expiration) shall be included in the conditions of approval.

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

No Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by Section 23.83.080(b)(5) (Security).

Property Rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a communication facility unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the city with documentation establishing to the city’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.

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

Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation, use, and/or maintenance of a communication facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. If the permittee fails to complete such repair within the number of days stated on a written notice by the city engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the city engineer shall cause such repair to be completed at permittee’s sole cost and expense.

Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way.

Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000.00) for each occurrence and five million dollars ($5,000,000.00) in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers as additional named insureds, be issued by an insurer admitted in the state of California with a rating of at least a A:VII in the latest edition of A.M. Best’s Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days’ prior written notice to the city, except for cancellation due to nonpayment of premium. The insurance provided by permittee shall be primary to any coverage available to the city, and any insurance or self-insurance maintained by the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be excess of permittee’s insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. The insurance must afford coverage for the permittee’s and the wireless provider’s use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the city’s risk manager. Before issuance of any building permit for the facility, the permittee shall furnish the city risk manager certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing the coverage required by the city.

Indemnification. To the fullest extent permitted by law, permittee and any contractors or subcontractors working on its behalf agree to indemnify the city of Placentia, its officers, employees, agents and elected and appointed boards (hereinafter “city indemnitees”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the installation, use, and maintenance of the communication facility, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of permittee, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, permittee and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the city indemnitees founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. Permittee shall ensure that the contract of any contractor or subcontractor working under this permit contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the city indemnitees pursuant the terms set forth above. Permittee shall indemnify the city indemnitees, and save them harmless from any and all loss, damage, costs, expenses and attorney’s fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this section.

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

Cabinet Removal. Should the utility company servicing the facility with electrical service not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within ninety (90) days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to city, if and when made necessary by: (A) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency; (B) any abandonment of any street, sidewalk or other public facility; (C) any change of grade, alignment or width of any street, sidewalk or other public facility; or (D) a determination by the director that the communication facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within ninety (90) days of notification by city unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to this code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this code allow. If the facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

Written Approval of Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the communication facility permit within thirty (30) days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the city within said thirty (30) day period.

Right-of-Way Agreement. Prior to the issuance of any encroachment permit, permittee may be required to enter into a right-of-way agreement with the city in accordance with the city’s past practice.

“Permittee” shall include the applicant and all successors in interest to this permit.

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

After permittee, owner, operator or any designated maintenance agent receives notification from the city.

General dirt and grease;

Chipped, faded, peeling, and cracked paint;

Rust and corrosion;

Cracks, dents, and discoloration;

Missing, discolored or damaged artificial foliage or other camouflage;

Graffiti, bills, stickers, advertisements, litter and debris;

Broken and misshapen structural parts; and

Any damage from any cause.

Litigation;

Revocation or modification of the permit;

Acting on any bond or other assurance required by this article or conditions of approval of the permit;

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

Any other remedies permitted under this code.

Prosecution;

Acting on any security instrument required by this chapter or conditions of approval of permit;

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

Any other remedies permitted under this code.

The proposed wireless facility qualifies as a “personal wireless services facility” as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii);

The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area;

The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including, but not limited to, potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant’s reasonable technical service objectives.

If it is determined by the city attorney that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a use permit or a special use permit, a ministerial administrative permit shall be required prior to installation or modification of a communication facility, and all provisions of this chapter that would otherwise apply to the discretionary permit shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.

Notwithstanding the foregoing subsection (1) of this subsection (a), the determination that would otherwise be made by the city attorney may be made by the director if the director’s determination is made upon a form approved by the city attorney which form is designed to ensure compliance with the requirements of subsection (1).