The purpose of this chapter is to establish guidelines and standards for the operations and placement of personal wireless service facilities throughout the city and to protect the public against any adverse impacts on the city's aesthetic resources and the public welfare.

This chapter is established in accordance with the federal government's Telecommunication Act of 1996 (Section 704), which preserves local government's zoning authority with the following provisions:

(A) GENERAL AUTHORITY.—Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.

(B) LIMITATIONS.—

(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof—

(I) shall not unreasonably discriminate among providers of functionally equivalent services; and

(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.

(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.

(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.

(Ord. 587 § 1 (part), 1997)

For the purpose of this chapter, the following words or phrases shall be defined as follows:

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.

"Antenna array" means a group of antenna elements on the same geometric plane.

"Antenna, commercial" means an antenna in any zoning district used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, whether or not carried on for gain or profit, including, but not limited to public utilities, personal wireless service communications, or privately owned or publicly supported AM or FM radio stations not otherwise exempt from the provisions of the zoning ordinance, cable television operations or television broadcast stations, but excluding FCC licensed amateur radio stations and standard receive only television and satellite dish antennas.

"Antenna element" means individual components of an individual antenna.

"Antenna height" means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended.

"Antenna, microwave relay parabolic" means a transmitting and receiving antenna, typically parabolic, disc, or double convex shaped with an active element external to the disc, that communicates by line of sight with another similar antenna or a geosynchronous orbiting satellite.

"Antenna, noncommercial" means an antenna not used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, including, but not limited to, FCC licensed amateur radio stations and standard television-receive-only parabolic antennas.

"Antenna, nonparabolic" means an individual array or group of arrays used to transmit and/or receive electromagnetic signals, including, but not limited to, radio waves related to amateur radio stations licensed by the FCC and microwaves related to personal wireless service facilities.

"Antenna, parabolic" means a parabolic, semi-parabolic, disc, convex or double-convex shaped accessory structure, including, but not limited to, a main dish and covering, feedhorn, receiving element, structural supports and all other components thereof, which transmits and/or receives television signals or electromagnetic waves by line of sight with another similar antenna or geosynchronous or orbiting satellite.

"Antenna, roof-top parabolic" means a parabolic antenna which extends above the roofline of a building and is affixed through the use of an approved framework or other structural system to one or more structural members of a building or to the roof of a building.

"Antenna, satellite uplink" means a commercial parabolic antenna which receives and transmits electromagnetic waves by line of sight with geosynchronous orbiting satellites.

"Antenna structure" means an antenna array and its associated support structure, such as a mast or tower, but not to include a suspended simple wire antenna that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

"Antenna structure, freestanding" means an antenna structure that is not attached to a building, fence, or other such structure.

"Antenna structure, lattice" means freestanding or guyed (wire ground connections) steel structure frame.

"Antenna structure, monopole" means a tubular antenna structure made of metal, reinforced concrete, or wood.

"Antenna, TVRO" means a television-receive-only nonparabolic antenna; a standard roof-mounted antenna array and its associated support structure that is used solely to receive broadcast television signals.

"Antenna, vertical whip" means a pole or single element vertical antenna usually no more than three inches in diameter and its associated support structure.

"Base station" (base transceiver station, BTS) means a fixed station at a specified site authorized to communicate with mobile stations. Base stations are usually housed in metal cabinets or small structures within close proximity to the antenna structure on the same site.

California State Public Utilities Commission (CPUC). The CPUC regulates those telecommunications which are also considered public utilities.

"Co-location" means the practice of locating wireless telecommunications equipment for more than one provider on a single site or on a single antenna support structure.

Commercial Mobile Radio Service (CMRS). The regulatory classification that the FCC uses to govern all commercial wireless service providers including personal communications services, cellular and enhanced specialized mobile radio.

"Electromagnetic fields (EMFs)" means the local electric and magnetic fields that envelop the surrounding space. (See non-ionizing electromagnetic radiation.)

"Enhanced specialized mobile radio (ESMR)" means a PCS that offers two-way voice and data communications through hand-held and car-mounted phones and through wireless modems incorporated into devices such as portable computers and electronic notebooks.

"Extremely low frequency radiation (ELF)" means energy transmitted from electric power such as overhead powerlines, electrical wiring, and electrical appliances. ELF is a component of electromagnetic fields (EMFs). (See electromagnetic fields.)

Federal Aviation Administration (FAA). The FAA also has a limited role in the regulation of telecommunications tower sites. Their review focuses on the height and location of towers to prevent interference with aircraft operations.

"Federal Communications Commission (FCC)" means the federal government agency that licenses most radio services. FCC regulations supersede some of the authority of local jurisdictions to regulate telecommunications facilities. The FCC has primary regulatory control over telecommunications facilities through its powers to control interstate commerce and specifically through the Federal Communications Act, which established the FCC to provide a comprehensive national system to regulate radio frequency transmissions and related facilities.

Non-Ionizing Electromagnetic Radiation (NIER). Non-ionizing radiation is a form of electromagnetic radiation. It includes ordinary light which one can see, and infrared radiation, which is sensed as heat.

"Personal communications services (PCS)" means and refers to digital wireless, personal two-way communications systems. A broad range of telecommunications services that enable people and devices to communicate independent of location. PCS networks and devices operate over a wide range of frequencies assigned and authorized by the FCC.

"Personal wireless service facilities" means facilities for the provision of personal wireless services. Also see "telecommunications facilities."

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

"Radiofrequency radiation (RFR)" means one of several types of electromagnetic radiation consisting of waves of electric and magnetic energy moving together through space. These waves are generated by the movement of electrical charges.

"Screening" means the effect of locating an antenna behind a building, wall, fence, landscaping, berm, and/or other specially designed device so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is precluded or minimized.

"Shadowing effect (shadow)" means area in which a radio signal transmitted from a particular location is received poorly or not at all due to natural or man-made obstructions.

"Specialized mobile radio (SMR)" means a private business service using mobile radiotelephone and base stations communicating via the public phone network.

"Telecommunications facilities" means communications towers, antennas and the necessary appurtenances; a land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated.

"Unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but not the provision of direct-to-home satellite services.

(Ord. 587 § 1 (part), 1997)

Prior to the installation of a personal wireless service facility, the owner or occupant, with written permission from the owner of the lot, premises, parcel of land, or building on which a personal wireless service facility is to be installed, shall first obtain city approval, which requires either a conditional use permit (CUP) from the city (in accordance with Chapter 17.68) or an administrative approval by the planning director.

A.

Conditional use permit process requires the following to be submitted to the planning department:

1.

Completed planning service request application including:

a.

Name, address, and telephone number of the applicant(s) and the owner of the lot, premises, parcel of land, or building,

b.

Five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owners' addresses,

c.

CUP filing fee as established by resolution of the city council. Such fee is collected at the time the completed application is submitted to the city for review;

2.

A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed personal wireless service facility (including all related equipment and cables), exact location, and dimensions of all buildings, parking lots, walkways, solid waste enclosures, etc., and property lines;

3.

Building elevations and roof plan (for building and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides;

4.

Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the personal wireless service facility;

5.

Manufacturer's specifications, including installation specifications, exact location of wiring, materials, color, and any support devices that may be required;

6.

A silhouette or mock-up of the proposed personal wireless service facility including all proposed antenna structures, antennas, and related accessory equipment constructed at least fourteen days prior to the planning commission hearing to assess aesthetic impacts to surrounding land uses and public rights-of-way;

7.

A certified noninterference statement from a licensed engineer stating that the personal wireless service facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent land uses;

8.

Certified documentation by a licensed engineer demonstrating that any proposed personal wireless service facility will comply with the most current allowable radiation standards as allowed by the FCC for non-ionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). In the event that certified documentation cannot be submitted, the city may hire a consultant to evaluate the potential NIER or EMF of the proposed facility. The fee charged by the consultant shall be paid by the applicant. In the event only a preliminary statement is submitted with the application, a final certified statement shall be provided to the city within thirty days after the installation of the personal wireless service facility;

9.

Any other information as deemed necessary in order to grant a conditional use permit may be requested by the city, given the particular circumstances of a request for the installation of a personal wireless service facility;

10.

A building permit issued from the city's building department for any personal wireless service facility approved by the city;

11.

Any conditional use permit application for a personal wireless service facility denied or approved by the planning commission may be appealed to the city council under Chapter 17.68 of this code.

B.

Administrative Approval Process.

1.

Administrative approvals shall be considered on a case-by-case basis and shall only apply to the following types of personal wireless service facilities:

a.

Concealed facilities such as in the case of an indoor facility within an existing structure or a roof-mounted facility located on or behind a parapet wall, a mechanical room or similar structure, such that the facility does not exceed the top of the parapet wall, mechanical room or other similar structure, and is not highly visible from surrounding land uses, as determined by the planning director. Building facade-mounted and/or architecturally integrated facilities shall also be considered for an administrative approval if the facility would not be readily visible from surrounding land uses, as determined by the planning director. Related accessory cabinets and cabling shall also be concealed to the satisfaction of the planning director;

b.

Any request for an administrative approval shall demonstrate compliance with all applicable design guidelines and standards (Sections 17.39.040 and 17.39.050) respectively, as set forth in this chapter. Any application deviating from the design guidelines and standards shall not be eligible for an administrative approval. The planning director may require that a conditional use permit application be filed for a personal wireless service facility that does not meet the above requirements for an administrative approval.

2.

The following processing procedures shall apply for an administrative approval:

a.

An application for an administrative approval shall be made to the planning director in the form of a completed planning service request application, accompanied by a fee. The fee shall be one-half of the cost of a conditional use permit as set forth by resolution of the city council.

b.

The required information as listed for a conditional use permit under subsection A of this section shall also be submitted for an administrative approval with the exception of the following subsections of this section: (A)(9) and (A)(11). Subsection (A)(6) of this section shall be modified to require a silhouette or mock-up to be erected ten days prior to the planning director's decision.

c.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. Based on the particular circumstances of a proposed facility, the planning director may require a five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owner's addresses to notify all property owners within a five-hundred-foot radius of the proposed facility in lieu of only contiguous and adjacent property owners. After receiving a request for an administrative approval for a personal wireless service facility, the planning director shall either grant approval with appropriate conditions or require a conditional use permit application to be filed for planning commission review. In the event that a conditional use permit application is required, the applicant shall pay the remaining portion of fees required for a conditional use permit application. The applicant, all owners of contiguous and adjacent property (or within a five-hundred-foot radius, if applicable) and members of the planning commission and city council shall be mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

d.

If an appeal is filed with the planning commission, a fee shall be collected equal to one-half of that required fee for an administrative approval. The commission shall review the decision of the director at its next regular meeting after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners (or within a five-hundred-foot radius if applicable). The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn, or modify the director's decision. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

(Ord. 629 § 17, 2005; Ord. 587 § 1 (part), 1997)

The following general design guidelines shall be considered for regulating the location, design and aesthetics for a proposed personal wireless service facility.

A.

Site Selection Criteria.

1.

Personal wireless service facilities may be located in all zoning districts. An application for a personal wireless service facility located in a residential district must be accompanied with clear and convincing evidence as to why the location within a residential district is necessary.

2.

Preserving the pre-existing character of a site, including but not limited to existing landscaping and topography, must be thoroughly considered when locating and installing a facility on a particular site.

3.

When feasible, facilities must consider existing and future co-locating with other personal wireless service facilities unless it can be demonstrated that the visual effect of co-location due to technological factors would have a greater overall negative visual impact than that of an existing facility. Applicants must affirm that no barriers to co-location for additional personal wireless service facilities will be employed.

B.

Visual Impact and Screening Policies.

1.

Colors and facility designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. The facility must not dominate surrounding land uses such as in the case of an excessively tall freestanding antenna structure.

2.

Innovative design must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.

3.

Antennas mounted on the rooftop or above a structure must be screened (unless screening would be more obtrusive than the antennas themselves), constructed and/or colored to match the structure to which they are attached, thereby reducing visual impact from surrounding uses.

4.

Antennas mounted on the side of a building or structure must be painted to match the color of the building or structure, or the background against which they are most commonly seen.

5.

Electronic equipment cabinets (BTS units) and any other accessory structures must blend with the surrounding building(s) in architectural character and color.

6.

Any required security fencing must be colored and/or designed to blend with the surrounding environment.

(Ord. 587 § 1 (part), 1997)

A.

Setbacks. All personal wireless service facilities (including all related accessory cabinet(s)) shall meet the setbacks of the underlying zone. In no case shall any portion of a facility be located in a defined front yard, side yard, or side yard adjacent to any public right-of-way. The planning commission may require additional setbacks and/or restricted location areas than that specified for the underlying zone based on the existing development of the site and/or surrounding land uses.

B.

Height. The maximum height of any personal wireless service facility shall not exceed the maximum height limit of the underlying zone or the maximum height of an existing building (including any rooftop parapet walls, mechanical rooms, etc.). The applicant for a personal wireless service facility may apply for a height increase of up to twenty feet beyond the maximum height of the underlying zone or the maximum height of a building if the following conditions can be met:

1.

That there are no feasible alternate locations or designs that would allow a facility to meet the underlying zone's maximum height limit;

2.

That there are exceptional circumstances such as topography, existing vegetation or structures that require a facility to exceed the underlying zone's maximum height limit.

C.

Lot Coverage. Any freestanding ground-mounted personal wireless service facility, including any related accessory cabinet(s) shall apply towards the allowable lot coverage for structures/buildings of the underlying zone. In no case shall any part of a facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use are decreased) or interfere with the normal operations of the existing use of the site.

D.

Compatibility and Aesthetics. Any request for a personal wireless service facility in a residential zone shall be subject to meeting the requirements of neighborhood compatibility (Chapter 17.62). In no case shall a facility located anywhere in the city negatively impact any views from public streets or from surrounding land uses and shall be subject to the requirements of view protection (Chapter 17.54). A personal wireless service facility and related accessory cabinet(s) shall be finished in a color to blend in with its immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact.

E.

Required Screening. Any personal wireless service facility and all related accessory cabinet(s) shall be screened from public view and from surrounding land uses. Rooftop-mounted facilities shall be located on or behind parapet walls or incorporated within the existing architectural features of the building(s). Ground-mounted facilities shall be fenced and landscaped as follows:

1.

An eight-foot-high fence as measured from the finished grade at the base of the facility shall be required around the base of a facility. Fencing shall be wrought iron or of a similar decorative material.

2.

Landscaping shall be installed around the entire perimeter of the fence. Local native vegetation should be used which is drought-tolerant and fire resistant. Additional landscaping may be required around the perimeter of the fence and around any or all anchors or supports if deemed necessary to adequately buffer adjacent properties. Landscaping shall be installed on the outside of the perimeter fence. In no case shall screening unreasonably obstruct required transmissions of signals.

F.

Signs. The display of any sign or any other graphics on a personal wireless service facility or on its associated screening is prohibited. Public safety warning signs may be posted as deemed necessary by the FCC, or by any other governmental agency.

G.

Undergrounding of Wires/Cables. All wires or cables necessary for the operation of a personal wireless service facility shall be placed underground, except those wires or cables attached flush with the surface of a building or structure of an antenna. Wires or cables shall not be located on facades of buildings or parapet walls such that they would be highly visible from surrounding uses.

H.

Maintenance Hours. Maintenance operations that are associated with a personal wireless service facility shall be performed after seven am and before seven pm, Monday through Friday, and no work shall be performed on Saturdays, Sundays, or bank holidays. The specified restricted hours and days may be pre-empted only in the event of an emergency.

I.

Removal of Personal Wireless Service Facility. Upon termination of use of a personal wireless service facility, the facility and all related screening (nonvegetative), safety fencing, cables, accessory cabinet(s), etc., shall be completely removed from its location(s) within thirty days. Prior to zone clearance, the applicant shall post a bond in an amount sufficient to include the removal of such facilities in the event that a facility is not removed within thirty days upon termination of use.

(Ord. 587 § 1 (part), 1997)

The applicant may apply to the planning commission for a variance from the design standards as set forth in Section 17.39.050 of this chapter pursuant to Chapter 17.66 of this code. The fee for a variance as established by city council resolution shall be collected at the time of completed application submittal.

(Ord. 587 § 1 (part), 1997)

Any proposal for a personal wireless service facility located on city-owned property, including public rights-of-way, easements, and property controlled by the city, shall comply with its respective underlying zoning (if applicable) to the best extent feasible and all other applicable requirements as set forth in this chapter. The city manager, to the full extent permissible by federal law and the California Public Utilities Commission (CPUC), shall review any proposal for a personal wireless service facility located on city-owned or controlled property and have sole discretion to approve such facility with appropriate conditions or deny such facility. The application fee for a personal wireless service facility located on city-owned or controlled property shall be equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. A personal wireless service facility approved or denied by the city manager may be appealed to the city council within ten days from the date of the city manager's decision for a fee equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. The city shall have the ability to enter into a lease agreement with any personal wireless service facility located on city-owned or controlled property and collect reasonable compensation for the use of such public property where customary and appropriate.

(Ord. 587 § 1 (part), 1997)

The city council may by resolution impose any fee or tax relating directly or indirectly to a personal wireless service facility in accordance with applicable law.

(Ord. 587 § 1 (part), 1997)