9661.9. - Nonexclusive grant.

No approval granted under this division 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. No. 11-387, § 7, 8-24-2011)

9661.10. - Wireless telecommunications collocation facilities.

A.

Purpose. The purpose of this section is to comply with the requirements of California Government Code Section 65850.6. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility for which subsequent collocation is a permitted use. 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.

B.

In addition to any other permit required by this Code, a wireless telecommunications collocation facility shall be subject to either a minor conditional use permit or a conditional use permit as provided for in this division.

C.

All requirements, regulations and standards set forth in this division for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:

1.

The applicant for a wireless telecommunications collocation facility permit shall answer each question or request on the supplemental application provided for in section 9661.4 of this division so as to describe or depict:

a.

The wireless telecommunications collocation facility as it will be initially built, and

b.

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

2.

Any collocation shall use screening methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening methods are specified in the conditions of approval.

3.

A wireless telecommunications collocation facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the wireless telecommunications collocation facility.

D.

Notwithstanding any other provision of this division, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use if:

1.

The wireless telecommunications collocation facility:

a.

Was approved after January 1, 2007, by discretionary permit;

b.

Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and

c.

Otherwise complies with the requirements of Government Code Section 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this division and the conditions of approval in the wireless telecommunications collocation facility permit; and

d.

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

2.

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

E.

Although subsequent collocation under the conditions specified in paragraph D. above is a permitted use, the owner of the facilities that will be collocated may voluntarily submit a wireless telecommunications facility application for the proposed collocation for the director's determination whether the collocation is a permitted use that meets the requirements of this division. Any collocation facility that does not meet the requirements of this division and is installed without first obtaining a wireless telecommunications permit is subject to immediate abatement and all other remedies available to the city pursuant to this Code.

F.

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

1.

Increases the height of the existing permitted facilities or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility; or

2.

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

(Ord. No. 11-387, § 7, 8-24-2011)

9661.11. - Emergency deployment.

A C.O.W. shall be permitted in all zoning districts for the duration of an emergency declared by the city or at the discretion of the director.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.12. - Operation and maintenance standards.

All wireless telecommunications facilities and wireless telecommunications collocation 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, operator or any designated maintenance agent within forty-eight (48) hours (i) after discovery of the need by the permittee, owner, operator or any designated maintenance agent or (ii) after permittee, owner, operator or any designated maintenance agent receives notification from a resident or the director.

A.

Each permittee of a wireless telecommunications facility or wireless telecommunications collocation facilities shall provide the director with the name, address and twenty-four-hour local or toll-free contact

phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven (7) days of any change.

B.

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

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored or damaged artificial foliage or other camouflage;

6.

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

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

Graffiti shall be removed from a facility as soon as practicable, and in no instance more than twenty-four (24) hours from the time of notification by the city.

D.

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing

any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the director.

E.

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.

F.

Each facility shall be operated and maintained to comply at all times with the noise standards of this Code and the facility's conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the director. Backup generators, if permitted, shall only be operated during 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. No. 11-387, § 7, 8-24-2011)