A. Protect the visual character of the City from the potential adverse effects of telecommunications facility development and minor antenna installation;

B. Protect the inhabitants of the City from the possible adverse health effects associated with exposure to high levels of NIER (nonionizing electromagnetic radiation);

C. Protect the environmental resources of the City;

D. Create telecommunications facilities that will serve as an important and effective part of the City’s emergency response network;

E. Any antenna and its associated support structure installed for the sole use of Federally licensed amateur radio operators in the Amateur Radio Service shall not, by definition, be considered telecommunications facilities and shall be exempt from any other antenna or telecommunications facility ordinances enacted by the City, and shall be regulated solely by the following; and

F. Simplify and shorten the process for obtaining necessary permits for telecommunications facilities while at the same time protecting the legitimate interests of the City’s citizens. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Any applicable General Plan policies, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project;

B. The other chapters of this title that are not superseded by the requirements contained in this chapter;

C. Adopted International Building Code requirements pursuant to Chapter 15.04 SMC, where applicable;

D. Any applicable Airport Land Use Commission regulations and Federal Aviation Administration regulations;

E. Any applicable easements or similar restrictions on the subject property, including neighborhood, community, or homeowners’ association standards;

F. Telecommunications facilities and minor antennas cannot be located in any required yard setback area of the zoning district in which it is located;

G. All setbacks shall be measured from the base of the tower or structure closest to the applicable line or structure;

H. Comply at all times with all FCC rules, regulations, and standards, including any requirement that minor antennas and telecommunications facilities do not cause interference with other communication facilities and devices, such as telephones, television sets, radios, etc.;

I. Maintain in place a security program when determined necessary by the Police Chief that will prevent unauthorized access and vandalism; and

J. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Permit Required. No wireless telecommunication facility shall be located or modified within the City on any property, including the public right-of-way, without compliance with this chapter.

B. Excluding eligible facility requests and certain minor noncommercial antenna, applications for wireless facilities shall require a use permit subject to the requirements of this chapter, to be acted upon by the Planning Commission pursuant to Chapter 17.415 SMC (“Conditional Use Permit Procedure”), and other permits as set forth in the table below in addition to any other permit required pursuant to the SMC.

C. Nonexclusive Grant. No approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. The minor antenna use involved is accessory to the primary use of the property which is not a telecommunications facility;

B. No more than a total of six antennas, satellite dishes no greater than 10 feet in diameter, panel antennas with up to three panels, or combination thereof, are allowed on the parcel;

C. The combined NIER levels produced by all the antennas present on the parcel does not exceed the NIER standard established in SMC 17.130.230;

D. The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel;

E. The antenna is located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located and no closer than 20 feet to any property line, except if mounted on a primary structure;

F. None of the guy wires employed are anchored within the area in front of the primary structure on the parcel;

G. No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel;

H. At least 10 feet of horizontal clearance exists between the antenna and any power lines, unless more clearance is required to meet PUC standards. The more stringent standard shall apply;

I. All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips, and similar type equipment subject to rust or corrosion has been protected either by galvanizing or sheradizing after forming;

J. The materials employed are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible;

K. The installation is in compliance with the manufacturer’s structural specifications and the requirements of Chapter 15.04 SMC;

L. The height of the facility shall include the height of any structure upon which it is placed, except if a specific exception is provided for under this chapter;

M. All towers in excess of 10 feet shall be within a fenced yard or be anti-climbing equipped under OSHA regulations;

N. The general criteria set forth in SMC 17.130.020 are met;

O. The following minor antennas are exempt from SMC 17.130.040 through 17.130.060 and are permitted uses in the zoning districts indicated below:

A. Ground- and building-mounted satellite dishes may be installed, erected, maintained, and/or operated in any zoning district where minor antennas, as defined in SMC 17.130.015, are permitted so long as all the following conditions are met:

B. No person shall place a satellite dish larger than 6.56 feet in diameter on private property without first submitting sufficient information to the Planning Director, including but not limited to a site plan and elevations, to determine compliance with this section and SMC 17.130.010 and 17.130.020. The Planning Director may approve, disapprove or modify the proposed placement. In addition, he/she may require that the satellite dish be of a specific diameter, color, or type of construction. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. The minimum standards specified in SMC 17.130.020 are complied with;

B. No more than one panel antenna with up to three panels is present on the parcel;

C. Any roof-mounted panel antenna with a face area greater than 3.5 square feet for each panel is located behind, and does not extend above, the peak of the roof nearest the closest inhabited area off site, or public road, if there is one. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. The minimum standards specified in SMC 17.130.020 and 17.130.030 are complied with;

B. No boom or any active element of the antenna is longer than 15 feet;

C. Any wire antenna that is not self-supporting is supported by objects within the property lines but not within the area in front of the primary structure on the property. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Form of Application. The Planning Director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo-montages, facility design alternatives to the proposal, visual impact analysis, NIER (nonionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunications facilities, and deposits for peer review. The Planning Director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted. All applications shall require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.

B. Application Review.

C. Procedures for a Duly Filed Application. Any application for a use permit will not be considered duly filed unless submitted in accordance with the procedures in this subsection.

D. Procedures for a Community Meeting. The applicant shall schedule and hold a community meeting at least two weeks before the date of the Planning Commission meeting at which the application will be heard to provide residents information about the application for a wireless facility and streamline the review process by providing applicants an opportunity to consider residents’ suggestions prior to a public hearing before the Planning Commission. Applicants are encouraged to bring preliminary drawings, RF emissions information, and other materials that may assist the residents’ understanding of the project. The community meeting shall be held at a location within the City. If multiple applications are submitted, one meeting that includes all of the applications submitted on the same day shall be sufficient to satisfy this subsection. A mock-up of the proposed project shall be erected at the subject site before the meeting. The primary location and all alternative sites shall be presented to the community as well as the reasons for the selection of the primary location. Notice of the date, time and place of such meeting shall be sent at least seven days before the meeting and shall be filed with the Planning Department. The applicant should provide notice in accordance with SMC 17.460.020, Procedure, except as modified in this subsection, to all property owners of parcels within 600 feet of the boundaries of the subject parcel on which the applicant intends to propose the facility or modification. No general circulation or posted notice is required.

E. Applications Deemed Withdrawn. To promote efficient review and timely decisions, and in accordance with SMC 17.400.030 (Application filing and review), any application governed under this section will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Planning Department within 90 calendar days after the Planning Department deems the application incomplete in a written notice to the applicant. The Planning Director may, in his/her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the ninetieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Notice of a public hearing on a conditional use permit authorizing the establishment or modification of a telecommunications facility shall be provided to the operators of all telecommunications facilities within one mile of the subject parcel via mailing of the standard legal notice prepared in response to Chapter 17.400 SMC; and

B. Notice of the approval of a site plan by the Planning Director authorizing the establishment or modification of, or the renewal of a permit for, a telecommunications facility or minor antenna needing site plan review shall be mailed to all adjacent property owners within 300 feet. Mailing of said notice shall start an appeal period pursuant to Chapter 17.455 SMC. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the Planning Director prior to approval of the conditional use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunications tower, one or more new buildings/equipment enclosures larger in aggregate than 300 square feet, more than three satellite dishes of any size, or an applicant’s successors-in-interest to properly maintain the exterior appearance and ultimately remove the facility, all in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the City for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as:

B. All costs incurred by the City to undertake any work required to be performed by the applicant pursuant to the agreement referred to in to undertake any work required to be performed by the applicant pursuant to the agreement referred to in subsection A of this section including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within 10 working days of written request therefor such costs as the City reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within 10 working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the monies demanded within 10 working days. It shall further require that operation remain suspended until such costs are paid in full. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. No Speculative Facilities. A wireless telecommunications facility, wireless telecommunications collocation facility, or a telecommunications tower, which is built on speculation and for which there is no wireless tenant is prohibited within the City.

B. General Guidelines. The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

C. Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably 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.

D. Telecommunications towers shall be constructed out of metal or other nonflammable material.

E. Telecommunications towers taller than 35 feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the Planning Director or Planning Commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunications use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes.

F. Telecommunications towers shall not exceed 100 feet in height unless the following findings are made by the Planning Commission: that it is not technically feasible to have a tower below this height at the requested location, that alternative locations which would not require a tower height in excess of the standard given above are not available or feasible, that the facility blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable; and that the requirements of SMC 17.130.010 through 17.130.230 are met.

G. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the Planning Director or Planning Commission, as appropriate, is submitted showing that this is infeasible.

H. Telecommunications support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only).

I. Telecommunications support facilities shall be no taller than one story (15 feet) in height and shall be treated to look like a building or facility typically found in the area.

J. Telecommunications support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) or other mitigation measures to minimize their profile.

K. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a “flat” paint, if it is determined by the decision-making body that the native coloring of the facility does not provide adequate blending with the surrounding environment. The color selected shall be one that, in the opinion of the Planning Director or Planning Commission, after receiving a Design Review Board recommendation, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands and adjacent structures, when present, shall be painted colors matching these landscapes and structures, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

L. The project description and permit shall include a specific maximum allowable gross cross-sectional area, or silhouette, of the facility. The silhouette shall be measured from the “worst case” elevation perspective.

M. 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 or accessibility, a facility has the potential to become an attractive nuisance.

N. At the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment approved for use by Federal law and regulation 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.

O. Telecommunications facility shall not be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Chapter 17.08 SMC that exceed the FCC adopted NIER standard for human exposure, as amended from time to time. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:

B. Demonstration of compliance with the requirements of subsections (A)(1), (A)(2), (A)(4) and (A)(5) of this section (fire only) shall be evidenced by a certification signed by the Fire Chief on the building plans submitted.

C. Demonstration of compliance with the requirements of subsections (A)(3) through (A)(5) of this section (earthquake only) shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the State. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. No telecommunications facility shall be installed within the safety zone of any airport or helipad unless the operator indicates that it will not adversely affect the operation of the airport;

B. No telecommunications facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the Planning Director or Planning Commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility;

C. No telecommunications facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or on property designated with a W (Wetland) or ESOS (Environmental and Scenic Open Space Combining District), unless the Planning Commission makes a finding upon issuance of the conditional use permit that it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and that no other location is technically feasible;

D. No telecommunications facility that is readily visible from off site shall be installed closer than one-quarter mile from another readily visible uncamouflaged or unscreened telecommunications facility unless it is a collocated facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable;

E. No telecommunications facility that is readily visible from off site shall be installed on a site that is not already developed with telecommunications facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment acceptable to the Planning Director or Planning Commission, as appropriate, and information is submitted showing a clear need for this facility and the infeasibility of collocating it on one of these former sites; and

F. Telecommunications towers shall be set back at least 20 percent of the tower height from all property lines and at least 100 feet from any public trail, park, Laguna buffer setback, or property line.

G. No commercial minor antenna greater than 35 feet in height and no major telecommunication facility may be installed within 75 feet of any property line of a parcel with a residential dwelling unit which is within 75 feet of said property line. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision-making body, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunications service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the subject area. The analysis shall address the potential for collocation at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision-making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. Facilities which are not proposed to be collocated with another telecommunications facility shall provide a written explanation why the subject facility is not a candidate for collocation.

B. All collocated and multiple-user telecommunications facilities shall be designed to promote facility and site sharing. To this end telecommunications towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the determination of the Planning Director or Planning Commission, as appropriate, this will minimize overall visual impact to the community.

C. The facility shall make available unutilized space for collocation of other telecommunications facilities, including space for these entities providing similar, competing services. A good faith effort in achieving collocation shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the City’s permit files. Unresolved disputes may be mediated by the Planning Commission. Collocation is not required in cases where the addition of the new service or facilities would cause interference of the host’s signal or if it became necessary for the host to go off-line for a significant period of time. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Review of Location and Configuration. The reviewing authority shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category.

B. Order of Preference – Configurations. The order of preference for the configuration for wireless telecommunication facilities from most preferred to least preferred is:

C. Order of Preference – Location. The order of preference for the location of wireless telecommunications facilities from most preferred to least preferred is:

A. All telecommunications facilities shall be unlit except for the following:

B. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Existing roads shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunications facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the Fire Chief and City Engineer;

B. Existing parking areas shall, whenever possible, be used; and

C. Any new parking areas constructed shall be no larger than 350 square feet. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. A landscape plan shall be submitted with project application submittal indicating all existing vegetation that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas. The landscape plan shall be in compliance with Chapter 15.36 SMC, Water Efficient Landscape Program, and shall be subject to review and approval of the Design Review Board. All trees protected under Chapter 8.12 SMC, Tree Protection, shall be identified in the landscape plan with indication of species type, diameter at four and one-half feet high, and whether it is to be retained or removed with project development;

B. Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunications line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:

C. All areas disturbed during project construction other than the access road and parking areas required under SMC 17.130.170 shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the Planning Director;

D. Any existing trees or significant vegetation that die subsequent to installation of a tower shall be replaced with native trees and vegetation of a size and species acceptable to the Planning Director and City Arborist; and

E. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunications lines serving it.

F. All telecommunication facilities shall blend with the surrounding existing natural and manmade environment to the extent reasonably feasible. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. All telecommunications facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented:

B. Demonstration of compliance with requirements in subsections (A)(1) through (A)(4) of this section shall be evidenced by a certificate signed by the Fire Chief on the building plans submitted. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. No telecommunications facility or related improvements including but not limited to access roads and power lines shall be sited so as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species;

B. No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site;

C. No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds;

D. The facility installation shall comply with the policies contained within the Laguna de Santa Rosa Master Plan as contained within the Sebastopol General Plan pertaining to buffer setbacks from the Laguna, biotic resource protection and visual impact;

E. The facility shall comply with Chapter 15.16 SMC, Flood Damage Prevention;

F. Potential adverse visual impacts which might result from project related grading or road construction shall be minimized;

G. Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and

H. Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of 10 percent or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over 10 percent. Natural vegetation and topography shall be retained to the extent feasible. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times by the Planning Commission;

B. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of 60 dB at the property line and an interior noise level of an Ldn of 45 dB;

Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.;

C. Any equipment, including but not limited to air conditioning units, that may emit noise that would be audible from beyond three feet from the facility in the case of a facility located in the right-of-way, or in the case of other facilities 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 the SMC;

D. Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety, including but not limited to pedestrian, bicycle, and vehicle safety; and

E. Traffic at all times shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunications service and to be compatible with neighboring residences and the character of the community;

B. The facility is designed to blend with any existing supporting structure and does not substantially alter the character of the structure or local area;

C. Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and

D. A visual analysis, which may include photo montage, field mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the Planning Director. Consideration shall be given to views from public areas and, for telecommunications on private property (not in the public right-of-way), as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Telecommunications facility shall not be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Chapter 17.08 SMC that exceed the FCC adopted NIER standard for human exposure, as amended from time to time.

B. Initial compliance with this requirement shall be demonstrated for any facility within 400 feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed 80 percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the State to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the Planning Director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant’s expense, independent verification of the results of the analysis.

C. Every telecommunications facility within 400 feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power shall be submitted to the Planning Director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed 80 percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author’s/engineer’s findings with respect to compliance with the current NIER standard shall be submitted to the Planning Director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within 90 days of the date said change becomes effective.

D. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the conditional use permit or other entitlement use. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. Basic Requirements. Facilities located in the public right-of-way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

B. Right-of-Way Authority. An encroachment permit under Chapter 12.48 SMC must be obtained for any work in the public right-of-way. Only applicants authorized to enter the public right-of-way pursuant to State or Federal law or a franchise or other agreement with the City shall be eligible for a permit to install or modify a wireless telecommunications facility in the public right-of-way.

C. Antennas.

D. Poles.

E. Spatial Design. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

F. Location.

G. Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).

H. Accessory Equipment. To preserve community aesthetics, all accessory equipment (with the exception of the smallest possible electrical meter boxes and any other equipment that may not be so placed) shall be placed within an underground vault whenever there are no physical or site constraints to make an underground vault infeasible, except as may be determined by the reviewing authority. Equipment which may not be placed in an underground vault shall be pole-mounted to the extent feasible. When above ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged. Infeasibility under this paragraph shall not be demonstrated by mere cost to construct an underground vault or place the equipment within the vault.

I. Documentation. The applicant shall provide documentation satisfactory to the Planning Director establishing compliance with this section. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. The facility complies with all of the minimum requirements specified in SMC 17.130.010 through 17.130.230 except as changed below:

B. The facility use involved is accessory to the primary use of the property which is not a telecommunications facility;

C. The facility does not exceed 35 feet in height;

D. No more than six minor antennas, satellite dishes no greater than 10 feet or less in diameter, panel antennas, or combination thereof, are allowed on the parcel;

E. No more than a single telecommunications tower and one related equipment building/structure is allowed on the parcel;

F. The combined NIER levels produced by all the telecommunications facilities and minor antennas present on the parcel are less than 10 percent of the NIER standard established in SMC 17.130.230;

G. The facility is located at least 75 feet away from any residential dwelling unit, except for one single-family residence on the property in which the facility is located;

H. The facility is located outside all yard and street setbacks specified in the zoning district regulations in which the facility is located and no closer than 20 feet to any property line;

I. Traffic at all times shall be kept to an absolute minimum, but in no case more than one round trip per day on an average annualized basis once construction is complete;

J. No native trees 20 inches or larger in diameter measured at four and one-half feet high on the tree would have to be removed;

K. Any new building(s) shall be effectively screened from view from off site;

L. The site has an average cross slope of 10 percent or less;

M. The total silhouette of a tower shall not exceed 80 square feet in area; and

N. All utility lines to the facility from public or private streets shall be undergrounded.

A. In addition to compliance with the requirements of this chapter, upon approval all 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. In addition to compliance with the requirements of this chapter, upon approval all facilities in the public right-of-way shall be subject to each of the conditions of approval set forth in SMC 17.130.260, each of the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

A. Where a wireless telecommunication facility requires a use permit under this chapter, the reviewing authority shall not approve any application unless, in addition to the findings generally applicable to all use permits, all of the following additional findings are made:

B. In addition to the findings in subsection A of this section, approval of a wireless telecommunications facility permit for a facility that will be located in the public right-of-way may be granted only if the following findings are made by the reviewing authority:

A. Exceptions pertaining to any provision of this chapter, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority if the reviewing authority makes the finding that:

B. An applicant may request an exception only at the time of applying for a wireless telecommunications facility permit and not at any time thereafter. The request must include both the specific provision(s) of this chapter from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.

C. Notwithstanding any other provision of this chapter, a use permit shall be required for a facility when an exception is requested.

D. The applicant shall have the burden of proving that denial of the facility as proposed would violate Federal law, State law, or both, or that the provisions of this chapter, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire one or more independent consultants, at the applicant’s expense in accordance with SMC 17.130.070, 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. Exceptions shall only be granted as necessary to ensure compliance with Federal law, State law, or both. Any exceptions granted pursuant to this section shall adhere as closely as practicable to the requirements of this chapter.

F. Exceptions to the requirements specified in SMC 17.130.010 through 17.130.210 may be granted through issuance of a conditional use permit by the Planning Commission. Such a permit may only be approved if the Planning Commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

G. An exception to the requirements of SMC 17.130.160 and 17.130.180 may only be granted upon written concurrence by the Fire Chief.

H. Tower setback requirements may be waived under any of the following circumstances:

A. Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), generally requires that State and local governments “may not deny, and shall approve” requests to collocate, remove or replace transmission equipment at an existing tower or base station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential “deemed granted” remedy when the State or local government fails to approve or deny the request within 60 days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only “personal wireless service facilities” (e.g., cellular telephone towers and equipment), Section 6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).

The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the City’s land-use authority to maximum extent possible.

B. Applicability. This section applies to all collocations or modifications to an existing wireless tower or base station submitted with a written request for approval pursuant to Section 6409(a).

C. Approval Required. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval shall be subject to the Planning Director’s approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this chapter.

D. Other Regulatory Approvals. No collocation or modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and State or Federal agencies. Furthermore, any Section 6409(a) approval granted under this chapter shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and State or Federal agencies.

E. Application Requirement. The City shall not approve any wireless facility subject to this chapter except upon a duly filed application consistent with this section and any other written rules the City or the Planning Director may establish from time to time. An application must include the information required by SMC 17.130.070 and the following additional information:

F. Procedures for a Duly Filed Application. The City shall not review any application unless duly filed in accordance with this section, as follows:

G. Administrative Review – Decision Notices. The Planning Director shall administratively review an application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the Planning Director conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the Planning Director shall send a written notice to the applicant. In the event that the Planning Director determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Planning Director will send written notice to the applicant that includes the reasons to support the review authority’s decision and states that the application will be automatically denied without prejudice on the sixtieth day after the date the application was filed unless the applicant withdraws the application.

H. Required Findings for Section 6409(a) Approval. The Planning Director may approve or conditionally approve an application submitted for Section 6409(a) approval when the Planning Director finds that the proposed project:

I. Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this chapter, and consistent with all applicable Federal laws and regulations, the Planning Director may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

J. Conditional Section 6409(a) Approvals. Subject to any applicable limitations in Federal or State law, nothing in this chapter is intended to limit the City’s authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.

K. Appeals. Notwithstanding any provision of the SMC to the contrary, including but not limited to Chapter 17.455 SMC and any other section of this chapter, an applicant may appeal a decision by the Planning Director to deny without prejudice a Section 6409(a) application. The appeal must be filed within 10 days from the Planning Director’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall serve as the appellate authority for all appeals of all actions of the Planning Director taken pursuant to this section. The City shall provide notice for an administrative hearing by the City Manager. The City Manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in subsections H and I of this section. The decision of the City Manager shall be final and not subject to any further administrative appeals.

L. Standard Conditions of Approval. In addition to all other conditions adopted by the Planning Director, all Section 6409(a) approvals, whether approved by the Planning Director or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the Planning Director shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:

A. Purpose. The purpose of this section is to comply with an application for a wireless telecommunications collocation facility under California Government Code Section 65850.6, for which a 6409(a) approval is not being requested. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility for which subsequent collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a wireless telecommunications collocation facility.

C. Procedures. An application for a wireless telecommunications collocation facility under California Government Code Section 65850.6 shall be processed in the same manner as an application for 6409(a) approval is processed, except that where the process requires justification for the 6409(a) approval, the applicant shall instead provide the justification for a wireless telecommunications collocation facility under California Government Code Section 65850.6.

D. Requirements. All requirements, regulations, and standards 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:

E. Permitted Use. Notwithstanding any other provision of this chapter, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use only if all of the following requirements are satisfied:

F. New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:

G. Appeals. Notwithstanding any provision of the SMC to the contrary, including but not limited to Chapter 17.455 SMC and any other section of this chapter, any applicant may appeal a decision by the Planning Director. The appeal must be filed within 10 days from the Planning Director’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall serve as the appellate authority for all appeals of all actions of the Planning Director taken pursuant to this section. The City shall provide notice for an administrative hearing by the City Manager. The City Manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the City Manager shall be final and not subject to any further administrative appeals. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within 48 hours:

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:

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 Planning 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 FCC 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 8:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Planning Director. Backup generators, if permitted, shall only be operated during 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. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. A conditional use permit issued or a site plan approval issued pursuant to the SMC authorizing establishment of a telecommunications facility shall be valid for a period of 10 years. A permit for any wireless telecommunications facility shall be valid for a period of 10 years, unless the Planning Commission authorizes a longer period or pursuant to another provision of the SMC the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.

B. A permittee may apply for extensions of its permit in increments of no more than 10 years and no sooner than 12 months prior to expiration of the permit.

C. If a permit has not expired at the time an application is made for an extension, the Planning Director may administratively extend the term of the permit for subsequent 10-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 the SMC that are in effect at the time the permit extension is granted.

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 Planning 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. (Ord. 1123 § 3 (Exh. A § 4), 2019)

A. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

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 10 days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Planning Director of any discontinuation of operations of 30 days or more.

C. Failure to inform the Planning 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:

A. Grounds for Revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or legal provision applicable to the facility.

B. Revocation Procedures.

A. Permittee’s Removal Obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B. Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the SMC, and be grounds for:

C. Summary Removal. In the event the Planning Director determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Planning 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 the SMC. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the 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. (Ord. 1123 § 3 (Exh. A § 4), 2019)