A.

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development, siting, installation, and operation of wireless telecommunications antennas and related facilities ("wireless telecommunications facilities") for personal wireless services. These regulations are designed to protect and promote public safety, community welfare and the aesthetic quality of the city consistent with the goals, objectives and policies of the Shasta Lake general plan and design and architectural standards while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the Telecommunications Act of 1996.

B.

The city intends to apply these regulations to accomplish objectives including but not limited to the following:

1.

Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and adjacent neighborhood commercial areas consistent with the adopted general plan and area plans and in compliance with applicable and federal legislation;

2.

Because wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems are a commercial use that is rarely accessory or merely incidental to the primary use of a parcel, to prevent the location of such facilities in residentially zoned districts unless:

a.

Such location is necessary to provide personal wireless services to residents and businesses in the city of Shasta Lake, or their owners, customers, guests, or invitees, or other persons traveling in or about the city of Shasta Lake and

b.

Placement, construction, and modification of wireless telecommunications facilities at such location can be made consistent with the character of the neighborhood and will not impose visual blight or harm environmental resources;

3.

Provide universal access to wireless telecommunications services;

4.

Support use of wireless telecommunications to maintain and enhance information resources and services;

5.

Permit the use of wireless telecommunications technology, where appropriate and within the scope of available resources, to enhance the economic vitality of Shasta Lake;

6.

Facilitate the creation of an advanced wireless telecommunications infrastructure for citizens, businesses, industries and schools;

7.

Establish and maintain telecommunications facilities that are components of a wireless telecommunications infrastructure designed to enhance the city's emergency response network and do not interfere with such emergency systems in violation of applicable federal or state regulations;

8.

Establish a process for obtaining necessary permits for wireless telecommunication facilities that provides greater certainty to both applicants and interested members of the public while ensuring compliance with all applicable zoning requirements;

9.

Provide opportunities for further reduction in potential aesthetic or land use impacts of wireless telecommunications facilities as changes in technology occur; and

10.

Support the use of personal wireless services to enhance personal and public health and safety as well as the public welfare of the city of Shasta Lake.

(Ord. 02-142 § 1 (part))

The provisions of this chapter shall apply to all communications facilities for the transmission and/or reception of wireless radio, television, and other communication signals, including, but not limited to, commercial wireless communications services (personal communication, cellular and paging) including, without limitation, antennae, masts, poles, towers, structures, buildings, additions to existing antennae, masts, poles, towers, structures, or buildings.

(Ord. 02-142 § 1 (part))

For the purposes of this section, the following terms and phrases have the meaning ascribed to them in this subsection.

"Antenna" means any system of wires, poles, rods, panels, whips, cylinders, reflecting discs, or similar devices used for transmitting or receiving electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or movable. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

"Antenna-Facade mounted" (also know as Building Mounted) means any antenna, directly attached or affixed to the elevation of a building, tank, tower, or other structure.

"Antenna-Ground mounted" means any antenna with its base, whether consisting of single or multiple posts, placed directly on the ground or a single mast less than fifteen (15) feet tall and six inches in diameter.

"Antenna-Parabolic" (also known as Satellite Dish Antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow, dish, cone, horn, bowl or cornucopia shaped and is used to transmit or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

"Approved engineer" means a radio frequency engineer or licensed electrical engineer specializing in EMF or RFR studies approved by the development services director to conduct analysis required pursuant to this chapter.

"Co-location" means the location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

"Lattice tower" means a support structure, erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment.

"Monopole" means a single pole support structure greater than fifteen (15) feet in height erected on the ground or on a structure to support antennas and related communications equipment.

"Owner or operator" (also provider or service provider) means the person, entity or agency primarily responsible for installation and maintenance of the facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996.

"Public property" means all real property owned, operated or controlled by the city, other than public right-of-way and any privately-owned area within the city's jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map or other plan approved by city.

"Public right-of-way" means any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the city or subject to an easement owned by city and any privately-owned area within city's jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by city.

"Readily visible" means an object is readily visible if it can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless telecommunications facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the building or structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. A stealth facility is one that is not readily visible.

"Related equipment" means all equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

"Stealth facility" means any wireless telecommunications facility that is not readily visible because it has been designed to blend into the surrounding environment and is visually unobtrusive. Examples may include architecturally screened roof-mounted antennas, building-mounted antennas that are painted and treated as architectural element to blend with the existing building, monopoles that are disguised as flag poles or public art, or camouflaged using existing vegetation. A pole or tower with antennas that are flush with or do not protrude above or out from the pole or antenna is not considered to be a stealth facility unless the pole or tower is an existing pole or tower, existing utility pole or tower, or existing light standard or street light, or replacement thereof.

"Structure ridgeline" means the line along the top of an existing roof or top of a structure, including existing parapets or mechanical equipment screens.

"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the content of the information as sent and received as defined in the Telecommunications Act of 1996.

"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades) that is not located, in whole or in part, in, above, or below streets, public rights-of-way or other public property.

"Telecommunications service" means the offering of telecommunications for a fee directly or indirectly to any person as defined in the Telecommunications Act of 1996.

"Telecommunications tower" means any mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than fifteen (15) feet tall and six inches in diameter supporting one or more antennas, dishes, arrays, etc. shall be considered a telecommunication tower.

"View corridor" means any significant vista that substantially enhances the value and enjoyment of real property.

"Wireless telecommunications facilities" means personal wireless service facilities as defined in the Telecommunications Act of 1996, including, but not limited to, facilities that transmit and/or receive electromagnetic signals for cellular radiotelephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio towers, television towers, and government-operated public safety networks.

(Ord. 02-142 § 1 (part))

In addition to any other requirements imposed by this chapter, all wireless telecommunications facilities on property other than the public right of way in the city of Shasta Lake shall be consistent with:

A.

The Shasta Lake general plan, adopted area plans, and other adopted policies and guidelines, and all other applicable provisions of the zoning code;

B.

Applicable regulations and standards of any other governmental agency with jurisdiction over the installation or operation of wireless telecommunications facilities including, but not limited to, the Federal Communications Commission, the Federal Aviation Administration, and the California Public Utilities Commission;

C.

Any applicable discretionary permits affecting the subject property except to the extent the planning commission may modify such requirements.

(Ord. 02-142 § 1 (part))

Applications for wireless telecommunication facilities pursuant to this chapter, shall include:

A.

A narrative description and map showing the coverage area of the provider's existing facilities and the specific site that is the subject of the application.

The narrative shall include information regarding the reasons why a permit is being sought (for example, whether a new antenna is necessary to accommodate increased demand or to fill a "dead zone" in the provider's coverage area), why the subject site is considered necessary to accomplish the provider's coverage objectives, and why the proposed site is the most appropriate location under existing circumstances.

The application shall include a statement offering to provide, if requested by the city, sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or RFR studies (hereinafter, "an approved engineer") retained by the city at the provider's expense to verify that the site is necessary for the purpose stated in the provider's narrative.

The application shall also include a statement that the provider, upon request by the city will provide a summary of the alternatives considered and the reasons why the provider did not consider such alternatives feasible.

B.

An area plan indicating the location of existing cellular tower facilities within a two-mile radius of the proposed site.

C.

A statement agreeing to allow future co-location on the subject property subject to a determination of feasibility and approval of all necessary permits under this chapter. As used in this chapter, the term "feasibility" or "feasible" shall take into account technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the Uniform Building Code, as well as the common meaning of the term.

If the owner of a building or structure will not consent to placement of wireless telecommunications facilities on the building or structure, then placement or co-location of wireless telecommunications facilities on the building or structure shall be deemed to be not feasible. If it is not reasonably practical to place or co-locate wireless telecommunications facilities on a building or structure, then placement or co-location of wireless telecommunications facilities on the building or structure shall be deemed to be not feasible.

D.

If the proposed facility will not be co-located, an explanation of the reasons why co-location is not feasible.

E.

A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites.

F.

Copies of all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals.

G.

Engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

H.

Site plan and elevations drawn to scale. Elevations shall include all structures on which facilities are proposed to be located.

I.

Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials, colors, stealthing techniques, etc.

J.

Where applicable, a plan showing existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction, and a maintenance plan including an irrigation plan.

K.

Plans and elevations, drawn to scale, for facade- or roof-mounted antennas.

L.

A visual impact analysis including scaled elevation diagrams with the context of the building, before and after-photo simulations, and a map depicting where the photos were taken. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize visibility are not proposed, such approaches to reduce the visibility of the installation would not be effective. The development services director may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility.

M.

Description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless telecommunications facilities proposed to be installed.

N.

A statement that, at the discretion of the development services director, the applicant will pay the reasonable actual cost and a reasonable administrative fee for hiring an independent qualified radio frequency or electrical engineer to evaluate any technical aspect of the proposed telecommunication facility, including, but not limited to, compliance with applicable federal emission standards, feasibility of co-location, need for proposed location and suitability of alternate sites, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices.

Any proprietary information disclosed to the city or the consultant in confidence shall not be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The city shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

O.

A statement that prior to obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the development services director, for the removal of the facility in the event that is use is abandoned or the approval is otherwise terminated.

P.

The development services director may require any other information deemed necessary in order to process the application in compliance with the requirements of this section.

(Ord. 02-142 § 1 (part))

A.

Wireless telecommunications facilities may be allowed in any zoning district pursuant to approval of a use permit by the planning commission pursuant to zoning code Section 17.92.020.

B.

Any expansion of an existing wireless telecommunications facility over and above the limitations established by the original use permit shall require the approval of a subsequent use permit by the planning commission pursuant to zoning code Section 17.92.020 to determine whether additional mitigation measures, including additional stealthing techniques or conditions of approval are required.

C.

No wireless telecommunications facilities shall be located in any residential (R) zoning district unless the planning commission makes the applicable findings required in Section 17.80.110.

D.

No wireless communications facilities shall be sited on or above a ridgeline or at any other location readily visible from a public park, unless the planning commission makes the applicable findings required in Section 17.80.110.

E.

When feasible and consistent with other requirements of this chapter, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The planning commission may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this chapter.

F.

No new freestanding facility, including towers, lattice towers and monopoles, shall be located within five thousand (5,000) feet of another freestanding facility, unless appropriate stealth techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.

G.

When determined to be feasible and consistent with the purposes and requirements of this chapter, the planning commission shall require the applicant to make unused space available for future co-location of other wireless telecommunication facilities, including space for different operators providing similar, competing services.

H.

The development services director may approve minor modifications and aesthetic upgrades that employ stealthing techniques and reduce the size or visibility of any legally established wireless telecommunication facilities without notice or hearing subject to compliance with all existing conditions of approval.

(Ord. 02-142 § 1 (part))

A.

The height of a telecommunications tower shall be measured from existing grade below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. The height of building-mounted antennas shall include the height of that portion of the building on which the antenna is mounted. In the case of "crank-up" or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.

B.

No antenna telecommunications tower or facade-mounted antenna shall exceed or project above the height limits specified for the district in which the antenna is located unless the planning commission approves a use permit based on the applicable findings required in Section 17.80.110.

C.

Roof-mounted antennas affixed to an existing or proposed tower or pole shall not extend or project more than fifteen (15) feet above the height limit of the district unless the planning commission approves an exception based on the applicable findings required in Section 17.80.110. So long as the height of the antenna does not exceed the height limit permitted in the district, an additional foot of height will be permitted for every ten feet the antenna is set back from the building parapet, to a maximum height of fifteen (15) feet above the roof surface.

D.

Roof-mounted or facade-mounted antennas proposed on an existing building, tower, or pole that is legal non-conforming in terms of height shall not extend or project more than fifteen (15) feet above the existing height of the building or structure unless the planning commission approves an exception based on the applicable findings required in Section 17.80.110.

(Ord. 02-142 § 1 (part))

In addition to all other requirements set forth in this chapter, all wireless telecommunication facilities shall meet the following design requirements:

A.

Based on potential aesthetic impact, the order of preference for facility type is: facade mounted, roof mounted, ground mounted, and freestanding tower. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not feasible.

B.

All facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by means of placement, screening, stealthing techniques, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner/operator's coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of surrounding residential units shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

C.

No readily visible antenna shall be placed at a location where it will be in a direct line of sight of a significant or sensitive view corridor, where it would adversely affect a scenic vista, or where it would materially impair the significance of an historical resource or unique archeological resource.

D.

Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be construed of non-reflective materials. Facilities shall be painted or textured using colors to match or blend with the primary background.

E.

Facility lighting shall be designed to meet but not exceed minimum requirements for security, safety or FAA regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

F.

No advertising shall be placed on telecommunications antennas or other equipment.

G.

All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The planning commission may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to design review.

H.

Where appropriate and directly related to the applicant's placement, construction, or modification of wireless telecommunications facilities the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening unless the planning commission approves appropriate replacement landscaping. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The planning commission shall determine the appropriate minimum size of new trees and shrubs.

I.

Facade-mounted equipment shall not project more than eighteen (18) inches from the face of the building or other support structure unless specifically authorized by the planning commission.

J.

Roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Roof-mounted and ground-mounted antennas shall not be placed in direct line of sight of significant or sensitive view corridors or where they adversely affect scenic vistas unless the planning commission finds that the facility incorporates appropriate, creative stealth techniques to camouflage, disguise, and/or blend into the surrounding environment to the extent possible. Roof mounted antennas shall be designed and sited to minimize their visibility and shall be no taller than necessary to meet the operator's service requirements, based on independent analysis by an approved engineer.

K.

Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. When screened from pedestrian-level view from the public right-of-way and not readily visible from any property that contains a legally-established residential use, such antennas may be located in any required yard subject to the approval by the planning commission. No such antenna may exceed thirty-nine (39) inches in diameter unless the planning commission finds that a smaller antenna can not feasibly accomplish the provider's technical objectives. The planning commission may require that this determination be based on independent technical analysis by an approved engineer.

L.

All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless a higher monopole or lattice tower will facilitate co-location or other objectives of this chapter.

M.

In order of preference, ancillary support equipment for facilities shall be located either within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the public right of way, unless the planning commission finds that another location is preferable under the circumstances of the application.

N.

Aboveground and partially buried ancillary equipment including support pads, cabinets, shelters, and buildings shall be located where they will be least visible from surrounding properties and the public right of way and shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other stealthing techniques to minimize their visual impact.

If the planning commission determines than an equipment cabinet is not or can not be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground or inside the existing building where the antenna is located unless the planning commission finds that such placement is not feasible or consistent with the objectives of this chapter and other applicable requirements.

O.

No telecommunications antenna or ancillary support equipment shall be located within any setback or between the face of a building and a public right of way without approval by the planning commission except for facilities that are completely subterranean.

P.

When antennas are co-located, the city may limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.

Q.

At the time of modification or upgrade of facilities, existing equipment shall, to the extent feasible, be replaced with equipment of equal or greater technical capacity and reduced size so as to reduce visual and noise impacts.

R.

Proposed facilities shall not reduce the number of available parking spaces below the amount required pursuant to the zoning ordinance.

(Ord. 02-142 § 1 (part))

All wireless telecommunication facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this chapter.

A.

Each owner or operator of a wireless telecommunications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to design review. The signage shall be attached to the base of any utility pole or light standard to which microcells are affixed.

B.

Wireless telecommunications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.

C.

The owner or operator of a wireless telecommunications facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the development services director for approval.

D.

Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in the Shasta Lake general plan.

E.

All wireless telecommunications facilities shall be designed to meet the following requirements:

1.

The exterior walls and roof covering of all aboveground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the Uniform Building Code.

2.

Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers to the extent feasible.

3.

Material used as supports for antennas shall be fire resistant, termite proof, and subject to all applicable requirements of the Uniform Building Code.

4.

Telecommunications antenna towers shall be designed to withstand forces expected during earthquakes to the extent feasible building-mounted facilities shall be anchored so that a quake does not dislodge them or tip them over. All equipment mounting racks and attached equipment shall be anchored so that a quake would not tip them over, throw equipment off its shelves, or otherwise damage equipment.

5.

All connections between various components of the wireless telecommunications facility and necessary power and telephone lines shall, to the extent feasible, be protected against damage by fire, flooding, and earthquake. Reasonable measures shall be taken to keep wireless telecommunication facilities in operation in the event of a natural disaster.

F.

Routine maintenance and repairs shall be limited between the hours of 8 a.m. to 7 p.m. Monday through Friday, excluding holidays.

G.

Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.

(Ord. 02-142 § 1 (part))

A.

No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the Federal Communications Commission's (FCC) limits for electric and magnetic field strength and power density for transmitters. In order to ensure continuing compliance with all applicable emission standards, all wireless telecommunications facilities shall be reviewed by an approved engineer in accordance with the schedule and procedures set forth below.

All reasonable costs of such inspections shall be born by the owner or operator of the facility. The city may require, at the operator's expense, independent verification of the results of any analysis. If an operator of a telecommunications facility fails to supply the required reports or fails to correct a violation of the FCC standard following notification, the use permit is subject to modification or revocation by the planning commission following a public hearing.

1.

Within forty-five (45) days of initial operation or modification of a telecommunications facility, the operator of each telecommunications antenna shall submit to the development services director written certification by an approved engineer that the facility's radio frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets the FCC requirements of the report of these measurements, and the engineer's findings with respect to compliance with the FCC's MPE limits shall be submitted to the development services director.

If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the development services director may require, at the applicant's expense, independent verification of the results of the analysis.

2.

Within two years of approval and once every two years thereafter for a period of four years, and at any time within such six-year period within ninety (90) days of any change in applicable FCC radio frequency standards or of any modification of wireless telecommunications facilities, the operator of each wireless telecommunications antenna shall submit to the development services director written certification by an approved engineer demonstrating continued compliance with all applicable FCC radio frequency standards. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets FCC requirements.

3.

After the initial six-year period following approval has elapsed, the operator of each wireless telecommunications facility shall only be required to submit to the development services director written certification by an approved engineer of compliance with applicable FCC radio frequency standards within ninety (90) days of any change in applicable FCC radio frequency standards or of any modification of the facility requiring a new submission to the FCC to determine compliance with emission standards.

If calculated levels exceed eighty (80) percent of the FCC's MPE limits, the operator of the facility shall hire an approved engineer to measure the actual exposure levels. If calculated levels are not in compliance with the FCC's MPE limit, the operator shall cease operation of the facility until the facility is brought into compliance with the FCC's standards and all other applicable requirements. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the current MPE limits shall be submitted to the development services director.

4.

If the development services director at any time finds that there is good cause to believe that a telecommunications antenna is not in compliance with applicable FCC radio frequency standards, he or she may require the operator to submit written certification that the facility is in compliance with such FCC standards.

B.

The owner or operator of any wireless telecommunications facility that was approved by the city before the effective date of this chapter, shall submit the following to the development services director within six months from the date of notification:

1.

A written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agreement for the facility, including any options or renewal terms specified therein. The information disclosed in this summary is, and shall remain, confidential, shall not be made a matter of public record, and shall not be disclosed to any third party without the express written consent of the applicant;

2.

Written certification by approved engineer that the facility's radio frequency emissions are in compliance with the approved application and any required conditions. The engineer shall measure the radio frequency radiation of the approved facility and determine if it meets the FCC requirements. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility is brought into compliance. 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.

Any facility that was approved by the city prior to the effective date of this chapter and which does not comply with this chapter on the date of its adoption shall be considered a lawful nonconforming use provided that the owner or operator submits the information required in subsection B of this section.

D.

Failure to submit the information required in this section will be considered a violation of the zoning ordinance. Any facility found in violation may be ordered to terminate operations by planning commission following a duly noticed public hearing.

(Ord. 02-142 § 1 (part))

In order to approve any use permit under this chapter, the planning commission must find that the proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility. Additionally, the planning commission must make the finding required in subsection B and any other applicable finding required by this section.

A.

All findings must be based on substantial information in the record such as, where required, technical analysis by an approved radio frequency engineer, letters from telecommunications operators with existing facilities stating reasons for not permitting co-location, calculations by a state-licensed structural engineer, or other evidence. The planning commission may require that any determination required by this chapter be supported by independent analysis by an approved engineer retained by the city.

B.

In order to approve a use permit for any wireless telecommunications antenna, the planning commission must find that the proposed antenna or related facility, operating alone or in conjunction with other telecommunications facilities:

1.

Will comply with all applicable state and federal standards and requirements; and

2.

Appropriate stealth techniques have been used to minimize the visual impact of the facility.

C.

The planning commission must also make one or more of the following findings to the extent they are applicable:

1.

To establish a wireless telecommunications antenna that is not co-located with other existing or proposed facilities or a new, free-standing pole or tower, the planning commission must find that co-location is not feasible, would have more significant adverse effects on views or other environmental considerations, is not permitted by the property owner, would impair the quality of service to the existing facility, or would require existing facilities at the same location to go off-line for a significant period of time.

2.

To establish a wireless telecommunications antenna that would exceed the height limits allowed under Section 17.80.070 and would be readily visible from the public right-of-way, from the habitable living areas of surrounding residential units, or from a public park, the planning commission must find that appropriate stealth techniques have been used to minimized the visual impact of the facility, that it is not technically feasible to incorporate additional measures to minimize the visibility of the installation, and that it is not feasible to accomplish the applicant's service objectives from a different location.

3.

To approve a use permit to allow establishment of a satellite dish or parabolic antenna exceeding thirty-nine (39) inches in diameter, the planning commission must find that a smaller or different antenna can not feasibly accomplish the provider's technical objectives and that the facility will not be readily visible from the public right-of-way, from the habitable living areas of residential units, or from a public park.

4.

To approve a use permit to allow establishment of a wireless telecommunication antenna or related facility in any residential (R) zoning district or at any location at which it would be readily visible from any residentially-zone property within three hundred (300) feet that contains a legally established residential use, from the habitable living areas of surrounding residential units, the planning commission must find that the placement, construction, or modification of wireless telecommunications facility in such location is necessary for the provision of personal wireless services to Shasta Lake residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the city.

The planning commission shall base such finding of necessity on substantial evidence that:

a.

Without such antenna or facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area or its existing coverage in the proposed coverage area will remain substantially inferior to its coverage in other areas of the city or;

b.

Denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation.

(Ord. 02-142 § 1 (part))

A.

Within thirty (30) days of cessation of operations of any wireless telecommunications facility approved pursuant to this chapter, the operator shall notify the development services director in writing. The permit for said wireless telecommunications facility shall be deemed lapsed and of no further effect six months thereafter unless:

1.

The development services director has determined that the same operator resumed operation within six months of the notice; or

2.

The city has received an application to transfer the permit to another operator.

B.

No later than thirty (30) days after a permit has lapsed under the preceding subsection, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of Section 17.80.050 to do so. If such facilities are not removed, the site shall be deemed to be a nuisance and the city may call the bond to pay for removal.

C.

Failure to inform the development services director of cessation of operations of any existing facility shall constitute a violation of the zoning ordinance and be grounds for:

1.

Revocation or modification of the use permit:

2.

Removal of the facilities at the applicant's or property owner's expense by calling of any bond or other assurance secured by the operator pursuant to the requirements of Section 17.80.050; and/or

D.

Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the development services director.

The development services director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing use permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission and the California Public Utilities Commission. If the development services director determines that the proposed operation is not consistent with the existing use permit, he or she shall notify the applicant who may revise the application or apply for modification to the use permit.

(Ord. 02-142 § 1 (part))