Agoura Hills Municipal Code Div. 11 Wireless Telecommunications Facilities

The purpose and intent of this division is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This division provides standards necessary (1) for the preservation of land uses and the public right-of-way in the city, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan, (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations, and (4) to encourage new and more efficient technology in the provision of wireless telecommunications facilities.

(Ord. No. 11-387, § 7, 8-24-2011)

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Accessory equipment means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

Antenna means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals.

Building-mounted means mounted to the side of a building, to the façade of a building, or similar structure, but not to include the roof of any structure.

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

Collocation means the addition of wireless telecommunications facilities to an existing wireless telecommunications facility so that one (1) site is shared amongst the same or different carrier.

C.O.W. means a "cell on wheels," which is a wireless telecommunications facility temporarily rolled in or temporarily installed.

Facility(ies) means both wireless telecommunications facilities and wireless telecommunications collocation facilities, unless the context specifically limits it to one or the other.

Ground-mounted means mounted to a telecommunications tower.

Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation.

Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole.

Mounted means attached or supported.

Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way means any public street or public way now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.

Reviewing authority means the director or the planning commission, as applicable, who has the authority to review and either grant or deny a permit required by this division prior to installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility.

Roof-mounted means mounted directly on the roof of any building or structure.

Telecommunications tower means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

Wireless telecommunications collocation facility means a wireless telecommunications facility specifically designed for subsequent collocation as a permitted use as set forth in section 9661.10.

Wireless telecommunications facility means any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development.

Exceptions: The term "wireless telecommunications facility" does not apply to the following:

(a) A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation.

(b) Any antenna facility that is subject to the FCC Over-the-Air-Receiving Devices Rule, 47 C.F.R. Section 1.4000, or its successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one (1) meter (39.37") in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.

(c) Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the director.

(d) Government owned and operated telecommunications facilities.

(e) Emergency medical care provider-owned and operated telecommunications facilities.

(f) Mobile services providing public information coverage of news events of a temporary nature.

(g) Any wireless telecommunications facilities exempted from this Code by federal law or state law.

Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

(Ord. No. 11-387, § 7, 8-24-2011)

This division applies to all wireless telecommunications facilities and wireless telecommunications collocation facilities, as follows:

A. All facilities for which applications were not approved prior to September 23, 2011, shall be subject to and comply with all provisions of this division.

B. All facilities for which applications were approved by the city prior to September 23, 2011, shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any wireless telecommunication facility or wireless telecommunications collocation facility that was lawfully constructed prior to September 23, 2011, that does not comply with the standards, regulations and/or requirements of this division, shall be deemed a nonconforming use and shall also be subject to the provisions of section 9711.

C. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this division governing the operation and maintenance (section 9661.12), radio frequency emissions monitoring (section 9661.13), cessation of use and abandonment (section 9661.16), removal and restoration (section 9661.17) of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities (section 9661.14); provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended or revoked.

D. Notwithstanding B. above, no modification shall be made to any facility that was approved prior to September 23, 2011, unless the permits required by this division have been obtained from the city.

(Ord. No. 11-387, § 7, 8-24-2011)

A. Permit required. No wireless telecommunications facility or wireless telecommunications collocation facility shall be located within the city on any property, including the public right-of-way, unless the permits required by this division have been obtained from the city. No modification to a wireless telecommunications facility or wireless telecommunications collocation facility shall be made unless the permits required by this division have been obtained from the city.

B. Type of permit required. Either a minor conditional use permit or a conditional use permit is required, depending upon location and type of facility proposed, as set forth in sections 9661.5, 9661.6, and 9661.10. If a facility has been permitted pursuant to a minor conditional use permit or a conditional use permit, any modification to the facility shall require either an amended permit, or if the type of permit required has changed, a new permit of the type set forth in this division.

C. A wireless telecommunications facility, wireless telecommunications collocation facility, and/or a telecommunications tower or other wireless telecommunications support structure, which is built on speculation and for which there is no wireless tenant is prohibited within the city.

(Ord. No. 11-387, § 7, 8-24-2011)

A. Purpose. This section sets forth the application submittal requirements for all permits required by this division. The purpose of this section is, in part, to ensure that this division is implemented to the full extent permitted by the Telecommunications Act of 1996.

B. Supplemental application. In addition to the information required of an applicant for a minor conditional use permit or conditional use permit, each applicant requesting approval of the installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, regardless of location, shall fully and completely submit to the city a written supplemental application on a form prepared by the director.

C. Supplemental application contents. The supplemental application form shall request the following information, in addition to all other information determined necessary by the director:

1. The name, address and telephone number of the owner and the operator of the proposed facility, if different from the applicant.

2. The type of facility.

3. If the applicant is an agent, a letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, a letter of authorization from the person or entity that will provide those services.

4. If the facility will be located on the property of someone other than the owner of the facility, written authorization by any and all property owners authorizing the placement of the facility on the property owner's property.

5. A full written description of the proposed facility, its purpose, and specifications, including the height and diameter of the facility, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site.

6. A detailed engineering plan of the proposed facility created by a qualified licensed engineer and in accordance with requirements set by the director, including a photograph and model name and number of each piece of equipment included.

7. A site plan containing the exact proposed location of the facility.

8. If the applicant requests an exception to the requirements of this division, the applicant shall provide all information and studies necessary for the city to evaluate that request.

9. An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations.

10. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

11. For a facility that is not categorically excluded, the applicant shall also provide a technically detailed report certified by a qualified radio frequency engineer indicating the amount of radio frequency emissions expected from the proposed facility and associated accessory equipment, as well as the cumulative impacts of the other existing facilities at the site to the extent permitted by federal law, including co-located facilities, and stating that emissions from the proposed facility individually and combined with the cumulative emissions of on-site facilities will not exceed standards set by the Federal Communications Commission.

12. Documentation certifying that the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application.

13. A noise study prepared by a qualified acoustic engineer documenting the level of noise to be emitted by the proposed facility and its potential effects on surrounding uses.

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

15. A description of the maintenance and monitoring program for the facility.

16. A written description identifying the geographic service area for the subject installation, accompanied by a master plan, including maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the city by each of the applicant, operator, and owner, if different entities. The master plan shall reflect all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.

17. A written statement of the applicant's willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.

18. If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

19. An application fee, a deposit for a consultant's review as set forth in paragraph D. of this section, and a deposit for review by the city's attorney, in an amount set by resolution by the city council.

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

D. Independent expert. The director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility or wireless telecommunications collocation facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility or wireless telecommunications collocation facility and shall address any or all of the following:

1. Compliance with applicable radio frequency emission standards;

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

3. The accuracy and completeness of submissions;

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

5. The applicability of analysis techniques and methodologies;

6. The validity of conclusions reached or claims made by applicant;

7. The viability of alternative sites and alternative designs; and

8. Any other specific technical issues designated by the city.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution.

E. Story poles. At the discretion of the director, the applicant may be required to erect temporary story poles to demonstrate the height and mass of a potential facility.

(Ord. No. 11-387, § 7, 8-24-2011)

The provisions of this section shall apply to wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way.

A. Permit required.

1. BP-M district.

a. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be building-mounted or roof-mounted in the BP-M district, or mounted to an existing telecommunications tower in the BP-M district, except for those locations listed in section 9661.20, shall require a minor conditional use permit.

b. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be mounted to a new telecommunications tower in the BP-M district, except for those locations listed in section 9661.20, shall require a conditional use permit.

2. BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts.

a. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility in the BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts, except for those locations listed in section 9661.20, shall require a conditional use permit.

3. All other districts, areas and locations.

a. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located in a location listed in section 9661.20A., shall require a conditional use permit and approval of an exception.

B. Design and development standards. All wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way shall be designed and maintained so as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1. General guidelines.

a. The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation 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.

b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3. Blending methods.

a. All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

b. Site location and development shall preserve the pre-existing character of the site as much as possible, and facilities shall be designed and located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening to minimize the visual impact and be compatible with existing architectural elements, building materials and other site characteristics.

c. Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area.

4. Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush-mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

5. Building-mounted and roof-mounted facilities. Building-mounted and roof-mounted facilities shall be designed and constructed to be camouflaged, concealed or screened in a manner compatible with the existing architecture of the building the wireless telecommunications facility or the wireless telecommunications collocation facility is mounted to in color, texture and type of material.

a. Each building-mounted facility shall be incorporated into the design elements of the building architecture.

i. The width and height of the facility shall be the minimum functionally necessary.

ii. Each facility shall not exceed more than eighteen (18) inches out from the building façade or other support structure, and no cable or antenna mounting brackets or any other associated equipment or wires shall be visible above, below, or to the side of the facility.

iii. The reviewing authority may consider a projection of more than eighteen (18) inches if the projection is architecturally integrated with the design of the building or structure or if it is otherwise designed to minimize its visibility.

iv. Any building-mounted facility that is within one hundred (100) feet of a residential district shall be located on the building or structure as far from the nearest residential use as is feasible.

b. Each roof-mounted facility shall be located and designed in an area of the roof where the visual impact is minimized and shall be no taller than necessary to meet the operator's service requirements.

i. In no case shall roof-mounted equipment on a flat roof exceed the top of the parapet or the top of the mansard measured from the roofline, and on a slope roof shall not extend above the top of roofline.

ii. Each roof-mounted facility shall also be screened from above if visible from higher elevations.

iii. Any roof-mounted facility that is within one hundred (100) feet of a residential district shall be located on the roof of the building or structure as far from the nearest residential use as is feasible.

6. Ground-mounted facilities.

a. Each ground-mounted facility shall be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or under grounding for at least eighteen (18) months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.

b. Each ground-mounted facility shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission requirements, and shall be no higher than the existing poles, structures or trees near the placement of the proposed ground-mounted facility location, unless facilities are being added to an existing ground-mounted facility, pole or similar structure and are adequately camouflaged, concealed or screened in accordance with the standards in this division. Even if existing poles, structures or trees are higher, no new ground-mounted facility shall exceed sixty (60) feet. If facilities are being added to an existing ground-mounted facility, pole or similar structure, including a pole or similar structure that serves another purpose (e.g., a light pole), the resulting ground-mounted facility may exceed sixty (60) feet, but the maximum height of any antenna shall not exceed six (6) feet above the existing height of the pole or similar structure.

c. All installations shall be properly engineered to withstand high wind loads; an evaluation of high wind load capacity shall include the impact of modification of an existing facility.

d. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and/or shall be fully camouflaged or hidden.

e. Each ground-mounted installation shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

f. Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the director establishing compliance with this subsection.

g. If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

7. Accessory equipment. All accessory equipment associated with the operation of any wireless telecommunications facility or wireless telecommunications collocation facility shall be located and screened in a manner that is designed to minimize its visibility to the greatest extent possible, including utilizing the following screening methods for the type of installation:

a. Accessory equipment for building-mounted or roof-mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for each roof-mounted facility shall be of a quality and design that is architecturally integrated with the design of the building or structure.

b. Accessory equipment for ground-mounted facilities shall be visually screened by locating the equipment within a nearby building or in an underground vault, with the exception of required electrical panels. If a building is not located near the facility or placement of the equipment in an existing building is not technically feasible, accessory equipment shall be located in an enclosed structure, and shall comply with the development and design standards of the zoning district in which the accessory equipment is located. The enclosed structure shall be architecturally treated and/or adequately screened from view by landscape plantings, walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

8. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated and maintained by applicant where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

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

10. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods, and a lighting study shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.

11. Noise.

a. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

b. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

c. At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA at the facility's property line if the facility is located in a business, commercial, manufacturing, utility or school zone or a planned development zone that permits those uses, provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property.

d. All air conditioning units and any other equipment that may emit noise that would be audible from beyond 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 this Code.

12. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The 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 and/or accessibility, a facility has the potential to become an attractive nuisance.

13. Modification. At the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

C. Conditions of approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1. The permittee shall submit an as built drawing within ninety (90) days after installation of the facility.

2. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven (7) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a. Identity, including the name, address and twenty-four-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b. The legal status of the owner of the wireless telecommunications facility, including official identification numbers and Federal Communications Commission certification.

c. Name, address and telephone number of the property owner if different than the permittee.

3. Upon any transfer or assignment of the permit, the director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions of approval including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the director determines that the proposed operation is not consistent with the existing permit, the director shall notify the permittee who shall either revise the application or apply for modification of the permit pursuant to the requirements of the Agoura Hills Municipal Code.

4. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5. At all times, all required notices and signs shall be posted on the site as required by the Federal Communications Commission and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration, and shall timely submit all monitoring reports required pursuant to section 9661.13 of the Agoura Hills Municipal Code.

7. If the director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the director may require post-installation testing, at permittee's expense, or the director may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer at other than the regularly required intervals specified in section 9661.13 of the Agoura Hills Municipal Code, certifying that the facility is in compliance with such FCC standards.

8. Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the City of Agoura Hills Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.)

9. If a nearby property owner registers a noise complaint and such complaint is verified as valid by the city, the city may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the Code, the director may impose that condition on the project after notice and a public hearing. (A condition incorporating the applicable noise limitations of this chapter shall also be included in the conditions of approval.)

10. Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit [the] city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense.

11. "Permittee" shall include the applicant and all successors in interest to this permit.

12. A condition setting forth the permit expiration date in accordance with section 9661.15 shall be included in the conditions of approval.

If a wireless telecommunications collocation facility is being approved, the phrase "wireless telecommunications collocation facility" shall be substituted in the above conditions wherever the phrase "wireless telecommunications facility" appears.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)

The provisions of this section shall apply to wireless telecommunications facilities and wireless telecommunications collocation facilities that are located within the public right-of-way. For purposes of this section, "located within the public right-of-way" shall include any facility which in whole or in part, itself or as part of another structure, rests upon, in or over the public right-of-way.

A. Permit required.

1. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located within the public right-of-way of arterial roadways, as identified in the general plan, except any locations listed in section 9661.20, shall require a conditional use permit.

2. In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located within the public right-of-way and is in any location listed in section 9661.20.A., shall require a conditional use permit and approval of an exception.

3. Only applicants who have been granted the right to enter the public right-of-way pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunications collocation facility in the public right-of-way.

B. Design and development standards. All wireless telecommunications facilities and wireless collocation telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1. General guidelines.

a. The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation 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.

b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3. Blending methods. All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

4. Antenna mounts. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

5. Poles.

a. Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole.

b. No facility shall be located on a pole that is less than twenty-five (25) feet in height.

c. Utility poles. The maximum height of any antenna shall not exceed twenty-four (24) inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than eighteen (18) feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as revised.

d. Light poles. The maximum height of any antenna shall not exceed six (6) feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than eighteen (18) feet above any drivable road surface.

e. Replacement poles. If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible. If the replacement pole exceeds the height of the existing pole, the antenna(s) shall not extend above the top of the replacement pole for more than "X" feet, where "X" is calculated by subtracting the difference in height between the original and replacement poles from six (6) feet.

f. Pole mounted equipment shall not exceed six (6) cubic feet in dimension.

g. All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet Federal Communications Commission requirements. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the director establishing compliance with this paragraph.

h. If an exception is granted for placement of new poles in the right-of-way, new poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced. Such new poles that are not replacement poles shall be located at least ninety (90) feet from any existing pole, to the extent feasible, to prevent pole clustering in the public right-of-way.

i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the pole.

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

7. Each facility shall be properly engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

8. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with section 9661.14.

9. A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

10. In no case shall any ground-mounted facility, above-ground accessory equipment, or walls, fences, landscaping or other screening methods be less than eighteen (18) inches from the front of curb.

11. All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground.

12. Each facility shall be built in compliance with the Americans with Disabilities Act (ADA).

13. Accessory equipment. With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground.

a. Unless city staff determines that there is no room in the public right-of-way for undergrounding or that undergrounding is not feasible, an exception shall be required in order to place accessory equipment above ground.

b. When above ground is the only feasible location for a particular type of accessory equipment and cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five (5) feet and a total footprint of fifteen (15) square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be adequately screened and/or camouflaged.

14. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated and maintained by applicant where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

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

16. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods, and a lighting study shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.

17. Noise.

a. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

b. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

c. At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in a business, commercial, manufacturing, utility or school zone or a planned development zone that permits those uses; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of any such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially-improved or residential-zoned property.

d. Any equipment that may emit noise that would be audible from beyond three (3) feet from the source of the noise shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code.

18. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The 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 and/or accessibility, a facility has the potential to become an attractive nuisance.

19. Modification. At the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

C. Conditions of approval. In addition to compliance with all applicable provisions of this division, all facilities in the public right-of-way shall be subject to the conditions of approval set forth in subsection 9661.5.C., the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

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

2. The permittee shall not transfer the permit to any person prior to completion of construction of the facility covered by the permit.

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

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

5. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the city engineer, the city engineer shall cause such repair to be completed at permittee's sole cost and expense.

6. Prior to issuance of a building permit, the applicant shall obtain the director's approval of a tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on site-specific criteria (e.g., location of tree, size and type of tree, etc.), a radius greater than ten (10) feet may be required by the director.

7. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000.00) for each occurrence and four million dollars ($4,000,000.00) in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII in the latest edition of A.M. Best's Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days' prior written notice to the city. The insurance provided by permittee shall be primary to any coverage available to the city, and any insurance or self-insurance maintained by the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be excess of permittee's insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. The insurance must afford coverage for the permittee's and the wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the city's risk manager. Before issuance of any building permit for the facility, the permittee shall furnish the city risk manager certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing the coverage required by the city.

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

9. Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within thirty (30) days of such service being offered and reasonably restore the area to its prior condition.

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

11. Prior to the issuance of any encroachment or building permits, permittee shall enter into a right-of-way agreement with the city in accordance with Agoura Hills Municipal Code section 9661.8.

If a wireless telecommunications collocation facility is being approved, the phrase "wireless telecommunications collocation facility" shall be substituted in the above conditions wherever the phrase "wireless telecommunications facility" appears.

(Ord. No. 11-387, § 7, 8-24-2011)

A. In addition to findings necessary to approve a conditional use permit or minor conditional use permit, as applicable, no permit shall be granted for a wireless telecommunications facility or a wireless telecommunications collocation facility unless all of the following findings are made by the reviewing authority:

1. The proposed facility has been designed and located in compliance with all applicable provisions of this division.

2. The proposed facility has been designed and located to achieve compatibility with the community.

3. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

4. Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this division.

B. In addition to the findings in [subsection] A. above, approval of a permit for a wireless telecommunications facility or a wireless telecommunications collocation 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:

1. The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way and existing subterranean infrastructure and will not interfere with the city's plans for modification of such location and infrastructure.

(Ord. No. 11-387, § 7, 8-24-2011)

A. No approval granted under this division for locating facilities on city-owned property or in the public right-of-way shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property or the public right-of-way, or both, shall be used or maintained. Such agreement shall include, but not be limited to, the following:

1. Inspection and maintenance requirements.

2. Indemnification of the city.

3. Insurance requirements.

4. Waiver of monetary damages against the city.

5. Removal, restoration and clean-up requirements.

6. Requirement to pay possessory interest taxes, if any.

(Ord. No. 11-387, § 7, 8-24-2011)

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)

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)

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)

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)

The owner and operator of a facility shall submit within ninety (90) days of beginning operations under a new or amended permit, and every two (2) years from the date the facility began operations, a technically sufficient report ("monitoring report") that demonstrates the following:

A. The facility is in compliance with applicable federal regulations, including Federal Communications Commission RF emissions standards, as certified by a qualified radio frequency emissions engineer;

B. The facility is in compliance with all provisions of this section and its conditions of approval.

C. The bandwidth of the facility has not been changed since the original application or last report, as applicable, and if it has, a full written description of that change.

(Ord. No. 11-387, § 7, 8-24-2011)

No person shall install, use or maintain any wireless telecommunications facility or wireless telecommunications collocation facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

(Ord. No. 11-387, § 7, 8-24-2011)

A. A permit for any wireless telecommunications facility or wireless telecommunication collocation facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall expire.

B. A permittee may apply for extensions of its permit in increments of ten (10) years no sooner than six (6) months prior to expiration of the permit; provided, however, if a request to modify an existing permit for a facility is submitted during the last two (2) years of a ten-year permit, the permittee may request an extension at that time.

C. If feasible at the time of permit expiration, the permittee shall (1) place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground, and (2) replace larger, more visually-intrusive facilities with smaller, less visually-intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Agoura Hills Municipal Code.

D. If a permit has not expired at the time application is made for an extension, the director may administratively extend the term of the permit for subsequent ten-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 this Code that are in effect at the time the permit extension is granted.

1. At the director's discretion, additional studies and information may be required of the applicant.

2. If the director determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of this Code that are then in effect at the time of permit expiration, the director shall refer the extension request to the appropriate reviewing authority.

3. The reviewing authority and public hearing procedures for such extension requests shall be the same as if a new permit was requested. After notice and a public hearing, the reviewing authority may approve, conditionally approve or deny the extension.

E. 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 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. No. 11-387, § 7, 8-24-2011)

A. A wireless telecommunications facility or wireless telecommunications collocation facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days. If there are two (2) 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 ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of thirty (30) days or more.

C. Failure to inform the 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:

1. Prosecution;

2. Revocation or modification of the permit;

3. Calling of any bond or other assurance required by this division or conditions of approval of the permit;

4. Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

5. Any other remedies permitted under this Code.

(Ord. No. 11-387, § 7, 8-24-2011)

A. 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 or wireless telecommunications collocation 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, 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 of the permittee, owner or operator to promptly remove its facility and restore the property within thirty (30) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code, and be grounds for:

1. Prosecution;

2. Calling of any bond or other assurance required by this division or conditions of approval of permit;

3. Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

4. Any other remedies permitted under this Code.

C. Summary removal. In the event the director or city engineer determines that the condition or placement of a wireless telecommunications facility or wireless telecommunications collocation 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 director or city engineer 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 (5) 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 sixty (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 this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, 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. No. 11-387, § 7, 8-24-2011)

A. Any aggrieved person may appeal a decision of the director made pursuant to this division to the planning commission.

B. Any aggrieved person may appeal a decision of the planning commission made pursuant to this division to the city council.

(Ord. No. 11-387, § 7, 8-24-2011)

A. Exceptions pertaining to any provision of this division, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority at a noticed public hearing if the reviewing authority makes the finding that (i) denial of the facility as proposed would violate state and/or federal law, or (ii) a provision of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law. An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit or wireless telecommunications facility collocation permit.

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

C. The applicant shall have the burden of proving that denial of the facility as proposed would violate state and/or federal law, or the provisions of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.

(Ord. No. 11-387, § 7, 8-24-2011)

A. Locations requiring an exception. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not locate in any of the following districts, areas or locations without an exception:

1. Zoning districts other than BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts; provided however, facilities may be located in the public right-of-way of arterial roadways within those other districts without an exception;

2. Public right-of-way of collector roadways as identified in the general plan;

3. Public right-of-way of local streets as identified in the general plan if within the BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts;

4. Public right-of-way if mounted to a new pole that is not replacing an existing pole, regardless of location;

5. Building-mounted or roof-mounted on a building owned in common by a homeowners' association, even if located in a residential zone;

6. A ground-mounted facility that is not in the right-of-way but is within one hundred (100) feet of a residential district in the BP-M, BP-OR, CRS, CS, CR, PD, U, and SH districts; or

7. Notwithstanding any of the above, no facility shall locate within OS-DR or OS-R zoning districts, including the public right-of-way of arterial or collector roadways within those districts, without an exception; provided, however, applicant must also obtain approval, if required by this Code, pursuant to sections 9487 and 9821.5.

B. No exception allowed. Notwithstanding the provisions of section 9661.19, in no case shall an exception be granted for the location of a wireless telecommunications facility or wireless telecommunications collocation facility in any of the following districts, areas or locations:

1. Any location within a residential district, with the exception of the public right-of-way of arterial or collector roadways and those locations set forth in subsection 9661.20.A.(5);

2. Any public right-of-way location within one hundred (100) feet from a residential district, with the exception of the public right-of-way of arterial or collector roadways;

3. Any location that would significantly obstruct or diminish views in scenic corridors;

4. Any location on or near a ridgeline such that the facility would appear silhouetted against the sky; or

5. Planned development zones in any location where the zone or planned development prohibits such facilities.

C. If a district, area or location could qualify as both a permissible location and a location enumerated in this section, it shall be deemed a location covered by this section and the provisions of this section shall control. If a district, area or location could qualify as either a location requiring an exception pursuant to paragraph A. of this section or a location in which no exception is allowed pursuant to paragraph B. of this section, it shall be deemed a location covered by paragraph B. and no exception shall be granted.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)

Compliance with the provisions of this division shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this division and other sections of this Code, this division shall control.

(Ord. No. 11-387, § 7, 8-24-2011)

A. In the event it is determined by the city attorney that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities or wireless telecommunication collocation facilities, the permits required by this division for those facilities shall be deemed to be ministerial permits. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a minor conditional use permit or a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, and all provisions of this division shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.

If subsequent to the issuance of the city attorney's written determination pursuant to subsection A. above, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determination shall be a public record.

(Ord. No. 11-387, § 7, 8-24-2011)