Camarillo Municipal Code Ch. 19.76 Wireless Communication Facilities

A. The purpose of this chapter is to regulate the development and operation of wireless communication facilities within the city to the extent permitted by state and federal law with the intent to:

1. Allow for the provision of wireless communication services at levels adequate to serve the city's businesses, residents, and general public.

2. Establish fair and efficient processes for the review and approval of applications for new and modified wireless communication facilities that assure the comprehensive review of the potential impacts of such facilities, while enabling the providers of wireless communication services to effectively and efficiently provide services within the city.

3. Provide uniform and comprehensive standards for the siting, development, installation, and operation of wireless communication facilities in order to minimize negative aesthetic impacts and other potential public health and safety impacts related to such facilities, and to protect property values.

4. Encourage the location of wireless communication facilities in those areas of the city where the adverse aesthetic impacts on the community are minimal.

5. Encourage the collocation of wireless communication facilities, particularly in the public right-of-way due to the limited number of existing support structures and limited space available for new facilities in such areas.

6. Regulate wireless communication facilities within the public right-of-way consistently with the rights conferred on telephone corporations and municipalities under California Public Utilities Code sections 7901 and 7901.1, while addressing the aesthetic and safety concerns unique to such facilities due to their location in the public right-of-way, which is an area that is both highly visible and is shared with pedestrians, motorists, municipal facilities, and other utility infrastructure.

B. The regulations in this chapter are not intended to, and may not be interpreted or applied to:

1. Prohibit or effectively prohibit the provision of personal wireless services;

2. Unreasonably discriminate among functionally equivalent wireless communication service providers; or

3. Regulate wireless communications facilities and transmission equipment on the basis of the environmental or public health effects of radio frequency exposure to the extent that such emissions comply with the standards established by the Federal Communications Commission.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

For purposes of this chapter, the following terms have the meanings set forth in this section:

"Antenna" means the physical device through which electromagnetic, wireless communication signals authorized by the FCC are transmitted or received.

"Base station" means the transmission equipment and non-tower support structure at a fixed location that enable FCC-licensed or authorized wireless communications between user equipment and a communications network. A "non-tower support structure" means any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.

"Building mounted" means a wireless communication facility that is mounted to a building.

"Camouflaged wireless communication facility" means a wireless communication facility that is designed to mask or blend with the surrounding environment in such a manner to render it generally unnoticeable to the casual observer. These types of facilities may include antennas located on light poles and power poles, ground mounted or building mounted antennas that blend with the surroundings, and base station equipment screened by landscaping.

"Collocation" means the placement or installation of wireless communication facilities, including antennas and related transmission equipment, on an existing and permitted support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

"CPUC" means the California Public Utilities Commission.

"Director" means the city's community development director or designee.

"FCC" means the Federal Communications Commission.

"Ground mounted" means a wireless communication facility with its support structure placed directly on the ground.

"Least intrusive means" means the location and design of a wireless communication facility that, in light of all the facts and circumstances, most closely conforms to the development standards articulated in this chapter while at the same time reasonably accomplishes the applicant's or permittee's technical objectives.

"Monopole" means a support structure constructed of a single, self-supporting pole securely anchored to a foundation constructed for the sole purpose of supporting transmission equipment.

"Observable wireless communication facility" means a wireless communication facility that is neither a fully camouflaged wireless communication facility nor a fully stealth wireless communication facility.

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. The term "unlicensed wireless service" means the offering of wireless communications services using duly authorized devices which do not require individual licenses.

"Public right-of-way" means any public highway, street, alley, sidewalk, or parkway that is owned, operated, or controlled by the city.

"Right-of-way agreement" means the city's standard form of right-of-way agreement, as approved by the city attorney's office, setting forth the terms and conditions of the use of the public right-of-way by public or private utilities for their facilities.

"Roof mounted" means a wireless communication facility that is mounted to a rooftop.

"Stealth wireless communication facility" means a wireless communication facility that is architecturally integrated into a building or other concealing structure, or located such that no portion of any transmission equipment or base station, or any other apparatus associated with the function of the facility is visible from publicly accessible spaces.

"Substantial change" means any of the following as applied to an existing wireless communication facility:

1. Wireless tower (outside of the public right-of-way):

a. Height. The proposed collocation or modification would increase the height more than ten percent, or the height of one additional antenna array would be more than twenty feet above the height of the nearest existing antenna (whichever is greater).

b. Width. The proposed collocation or modification would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater).

2. Wireless tower (in the public right-of-way):

a. Height. The proposed collocation or modification would increase the height more than ten percent or ten feet (whichever is greater) above the originally approved height.

b. Width. The proposed collocation or modification would protrude from the edge of the originally approved structure by more than six feet.

3. Base station (wherever located):

a. Height. The proposed collocation or modification would increase the height more than ten percent or ten feet (whichever is greater) above the originally approved height.

b. Width. The proposed collocation or modification would protrude from the edge of the originally approved structure by more than six feet.

4. The proposed collocation or modification would involve adding more than the standard number of new equipment cabinets for the technology involved, but in no event may exceed four new equipment cabinets.

5. A proposal that includes excavation or deployment of equipment outside the current wireless communication facility site. For the purposes of this provision, "outside of the current wireless communication facility site" means:

a. outside the boundaries of the controlled, leased or owned property surrounding the wireless tower and base station and any access or utility easements related to the site as shown on the approved plans with respect to a facility outside of a public right-of-way; and

b. outside the proximity of the footprint of the existing ground mounted transmission equipment with respect to a facility within a public right-of-way.

6. A proposal to alter or expand the exterior of any wireless communication facility or base station that was originally approved as stealth or camouflaged that defeats the originally approved stealth or camouflaged design elements. For the purposes of this provision, the term "defeat" means to change a stealth or camouflaged wireless communication facility in such a manner so that it may no longer be considered stealth or camouflaged.

7. The proposed collocation or modification would violate an existing condition of approval, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, new excavation, or aesthetic change that does not exceed the corresponding "substantial change" thresholds identified in 1-6 above with respect to a wireless tower or base station.

8. Any proposed collocation or modification that would constitute a "substantial change" under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as it may be amended, as such term is defined or interpreted by any rule, order, ruling, or other decision of the FCC or decision of a court with jurisdiction over the area of the city.

9. A proposal that would prevent or obstruct full implementation of the city's standard street or parkway sections.

10. A proposal that would alter required access, parking, or landscaping from that shown on the approved site plans.

11. A proposal to replace the wireless tower or foundation.

12. A proposal to alter the width, bulk, or arrangement of a wireless communication facility that may violate any law, rule, regulation, or other requirement intended to protect public health and safety.

"Transmission equipment" means any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

"Wireless communication facility" or "facility" means all equipment and other improvements installed for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular phone service, personal wireless services, and paging services, consisting of equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems. A wireless communication facility does not include on-site radio or television broadcast facilities.

"Wireless communication services" means the transmission of information by wireless communication facilities for hire, sale, or resale to the general public. This definition excludes the over-the-air transmission of broadcast television or broadcast radio signals.

"Wireless tower" means any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. This does not include structures that were installed to replace or collocate upon existing power poles, light poles, energy transmission towers, and buildings.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A. The requirements of this chapter apply to all wireless communication facilities within the jurisdiction of the city, except those exempted in subsection (B).

B. The following facilities are exempt from the provisions of this chapter:

1. Any ground or building mounted antenna that receives broadcast radio or television signals for use only by owners or occupants of the property or development on which the antenna is located and that does not exceed the maximum allowable building height for the zone in which the antenna is located.

2. Any ground or building mounted dish antenna that receives broadcast radio or television signals for use only by owners or occupants of the property or the development on which the dish antenna is located, and that does not exceed one meter in diameter.

3. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the FCC that does not exceed the maximum allowable height for such use in the zone in which it is located. For the purpose of this chapter, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A. New wireless communication facilities are permitted as follows:

1. Stealth wireless communication facilities that meet the requirements of this chapter are permitted in all zones subject to the approval of a conditional use permit under Chapter 19.62 of this code.

2. Camouflaged wireless communication facilities that meet the requirements of this chapter are permitted in the Open Space (OS), Rural Exclusive Residential (R-E) and Single Family Residential (R-1) zones subject to the approval of a conditional use permit under Chapter 19.62 of this code.

3. Observable wireless communication facilities are not permitted in any zone; provided, however, that legal non-conforming facilities may be modified as long as such alterations do not constitute a substantial change.

4. Stealth wireless communication facilities and camouflaged wireless communication facilities where the non-antenna transmission equipment is also stealth are permitted in the public right-of-way subject to the approval of an administrative permit under this chapter.

B. Existing wireless communication facilities may be expanded or modified as follows:

1. Facilities not in Public Right-of-Way - No Substantial Change. Collocations on or modifications to existing, approved wireless communication facilities not in the public right-of-way that do not constitute a substantial change and that meet the requirements of this chapter are permitted subject to the approval of an application for an administrative modification to the existing conditional use permit under Section 19.76.080 of this chapter and Chapter 19.62 of this code.

2. Facilities not in Public Right-of-Way - Substantial Change. Collocations on or modifications to existing, approved wireless communication facilities not in the public right-of-way that constitute a substantial change and that meet the requirements of this chapter are permitted subject to the approval of an application for a modification to the existing conditional use permit under Chapter 19.62 of this code.

3. Facilities in Public Right-of-Way. Collocations on or modifications to existing approved wireless communication facilities in the public right-of-way and that meet the requirements of this chapter are permitted subject to the approval of an application for the modification to the existing administrative permit under Section 19.76.080 of this chapter.

C. Wireless communication facilities are prohibited on any property where the primary use of the property is residential.

D. In addition to any conditional use permit or administrative permit or modification to such permit required under this chapter, an applicant for any proposed new, collocated or modified wireless communication facilities must also apply for and obtain any separate permit or approval for such facility required under the city's municipal code, including the city's building, electrical, and safety codes.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015; Ord. No. 1178, § 4F, 4-28-2021)

A. General Application Requirements for New Facilities. Applicants for a new wireless communication facility must submit the items listed in this subsection. These submittal requirements are in addition to those required under Chapter 19.62 for a conditional use permit application, as applicable.

1. Application Fee. The applicable wireless communication facility application fee established by city council resolution.

2. Legal Authority. Evidence that the applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies necessary to provide wireless communication services utilizing the proposed wireless communication facility.

3. Property Owner Consent. A copy of the fully executed lease, license, or other instrument granting the right to use the proposed location or a letter from the record owner of the property consenting to the application.

4. Statement of Purpose. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

5. Alternative Sites Analysis. A map that indicates existing, identifiable wireless communication facilities within a one mile radius of the proposed location of the new wireless communication facility, and an explanation of why collocation on these existing facilities, if any, is not feasible. This explanation must include such technical information and other factual justifications as are necessary to document the reasons why collocation is not a viable option. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable, or not as aesthetically desirable as the proposed location. This explanation must include such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as aesthetically desirable as the proposed location. If an existing wireless communication facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. The written explanation must also state the radio frequency coverage and capacity needs and objectives of the applicant, and must include maps of existing coverage and predicted new coverage with the proposed facility.

6. Collocation Statement. A statement that the proposed wireless communication facility is available for collocations, or an explanation of why future collocation is not technically feasible or potentially available.

7. Site Plans. A fully dimensioned site plan and elevation drawings prepared by a licensed engineer showing any existing wireless communication facilities with all existing transmission equipment and other improvements and the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the property surrounding the proposed facility and any access or utility easements related to the site.

8. Height Certification. A certification prepared by a licensed engineer that provides technical data sufficient to justify the proposed height of any new monopole or building mounted facility.

9. Color samples and materials of any visible portion of the facility, including any stealth or camouflage concealing structure.

10. Photo-Simulations. Photo-simulations showing the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the location of each view angle.

11. Installation Explanation. A detailed explanation of the manner of installation of the proposed facility.

12. Radio Frequency Exposure Compliance Report. A radio frequency (RF) report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the frequency and power levels (in watts ERP) for all existing and proposed transmitters at the site and exhibits that show the location and orientation of all transmitters and the boundaries of areas with exposures in excess of the uncontrolled/general population limit and the controlled/occupational limit.

13. Noise Study. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

14. Landscape Plans. Conceptual landscape plans (for any ground mounted facilities).

15. Deposit. A cash or other sufficient deposit for any third party peer review determined by the director to be necessary to ensure compliance with the technical requirements of this chapter.

16. Such other information as may be reasonably required by the director in order to demonstrate that the proposed facility will not be detrimental to the public health, safety or welfare.

B. Application Requirements for Collocations and Modifications not in the Public Right-Of-Way. Applicants seeking to expand or modify an existing wireless communication facility not in the public right-of-way or to collocate on an existing wireless communication facility not in the public right-of-way need only submit the following items from subsection (A) above, as applicable: application items 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15 and 16.

C. Additional Application Requirements for New Facilities or Modifications to or Collocations on Existing Facilities in the Public Right-Of-Way. Applicants for a new wireless communication facility proposed to be located in a public right-of-way or modifications to or collocations on an existing facility in the public right-of-way must submit the following items in addition to those set forth in subsection (A) above, as applicable:

1. A written justification for the applicant's claimed right to permanently install a facility in the public right-of-way. In cases where the applicant claims a right based on a franchise or a certificate of public convenience and necessity (CPCN) issued by the CPUC, a copy of the franchise agreement or CPCN must be provided, including a copy of the certified environmental document from the CPUC covering the applicant's proposed wireless communication facilities within the city, including all mitigation measures as required by the CPUC pursuant to the required environmental analysis. Any applicant that, prior to 1996, provided communication service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a CPCN.

2. A complete application for an encroachment permit under Chapter 13.04 of this code, if any proposed facility may impact traffic.

3. An executed right-of-way agreement or proof that the applicant has previously entered into such right-of-way agreement with the city and that such agreement remains valid.

4. Written authorization from the appropriate utility company for the collocation on a streetlight pole, utility pole, or other utility apparatus.

5. A fully dimensioned and scaled site plan that illustrates the following information within 150 feet of the proposed wireless communication facility:

a. The distances between all proposed and existing wireless communication facilities and all other infrastructure within the public right-of-way such as other existing transmission equipment, utility poles, light poles, fire hydrants, bus stops, traffic signals and above and below ground utility equipment vaults.

b. The distance and location of adjoining property lines and easement boundaries abutting the public right-of-way, curbs, driveway approaches, easements, walls, existing utility substructures, and parkway trees from the wireless communication facility.

c. The immediate adjacent land uses and building locations.

d. The dedicated width of the public right-of-way.

e. The location of all existing sidewalks and parkway landscape planters.

6. All conduit locations between the proposed wireless communication antennas and the infrastructure necessary to operate the antennas.

7. Conceptual landscape and irrigation plans.

8. An approved long-term landscape maintenance agreement with the private property owner.

9. An analysis demonstrating that the proposed equipment location and landscaping will not impede vehicular visibility at any adjacent intersection or driveway.

10. Such other information as may be reasonably required by the director or public works director in order to demonstrate that the proposed facility will not be detrimental to the public health, safety or welfare.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A. Location Preferences. To minimize aesthetic and visual impacts, new wireless communication facilities not within the public right-of-way should be located according to the following preferences, ordered from most preferred to least preferred, to the maximum extent feasible:

1. Existing structures in industrial zones;

2. Existing structures in commercial zones;

3. Existing structures in open space zones;

4. New structures in industrial zones;

5. New structures in commercial zones;

6. New structures in open space zones;

7. Existing structures in residential zones;

8. New structures in residential zones.

B. General Standards. The following design and development standards apply to wireless communication facilities in all zones:

1. Stealth wireless facilities are preferred over camouflage wireless facilities in zones where camouflage wireless facilities are permitted, particularly where existing structures are available or new structures could be constructed to accommodate a stealth wireless facility.

2. The overall development footprint of each wireless communication facility must be as small as technically feasible, and accessory buildings, shelters, cabinets, underground vaults and other ground mounted equipment must be grouped together to the maximum extent feasible.

3. There may be no net loss of required parking or landscaping when siting a wireless communication facility.

4. Paint colors must be selected to minimize visual impacts by blending with the surrounding environment and buildings.

5. The exterior surfaces must be constructed of nonreflective materials.

6. Wireless communication facilities may not be lighted or marked unless required by the FCC or the Federal Aviation Administration.

7. No signs, flags, banners, or any form of advertising may be attached to a wireless communication facility except for government-required certifications, warnings, or other required seals or signs, or except as expressly provided by other provisions of this code.

8. The height may not exceed the maximum building height in the applicable zone unless supported by a technical study that clearly demonstrates the need to exceed such height limitation.

9. A facility may not encroach into any applicable setback for structures in the applicable zone.

C. Building and Roof Mounted Standards. The following design and development standards apply to building and roof mounted wireless communication facilities in all zones:

1. Facilities must be architecturally integrated into the applicable building design so that it matches the proportion, style and quality of exterior design of the building and surrounding visual environment and is otherwise as unobtrusive as possible.

2. Roof mounted wireless communication facilities must be screened from public view using screening devices that are compatible with the existing architecture, color, texture, and materials of the building.

3. Cable trays and runs on a roof deck must be mounted below or otherwise screened by the parapet wall or other screening device.

D. Ground Mounted Standards. The following additional design and development standards apply to ground mounted wireless communication facilities:

1. Facilities must be designed and situated in a manner that utilizes existing natural or man-made features including, but not limited to, topography, vegetation, buildings, or other structures to visually screen the wireless communication facility to the greatest extent feasible.

2. Attempts to replicate trees or other natural objects may be used where permitted if deemed compatible to existing trees or natural objects in the immediate vicinity.

3. No guy wires or other diagonal or horizontal support structures may be utilized.

4. Cable trays and runs must be located inside the pole and underground.

5. A facility must be set back a distance of at least 150 percent of the height of the facility from the nearest property line of any residentially zoned or occupied lot.

E. Public Right-Of-Way Standards. The following additional design and development standards for wireless communication facilities apply to facilities in the public right-of-way:

1. To minimize aesthetic and visual impacts, wireless communication facilities in the public right-of-way should be designed and located according to the following preferences, ordered from most preferred to least preferred, to the maximum extent feasible:

a. Collocation on an existing stealth facility;

b. Collocation on an existing camouflaged wireless tower or base station;

c. Location or collocation on an existing utility or light pole with a camouflaged facility;

d. A new stealth facility; and

e. A new utility pole or light pole with a camouflaged facility.

2. Wireless communication facilities are prohibited in all center street medians.

3. No wireless communication facility may be located or constructed in a manner that would unreasonably interfere with the use of city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic or parking on city property or within the public right-of-way, interference with public utilities, interference with visibility along the public right-of-way, and any such other activities that would present a hazard to public health, safety or welfare when alternative locations or methods of construction would result in less disruption.

4. All wireless communication facilities must be built in compliance with the Americans with Disabilities Act (ADA), including but not limited to the provision of adequate surface access and pedestrian traffic movement in and around wireless towers and base stations.

5. All facilities may only have subdued colors and non-reflective materials that blend with the surrounding area.

6. Conduits must be concealed within the support pole to the maximum extent feasible.

7. Utility and light poles:

a. Pole-mounted transmission equipment or any portion of a wireless communication facility may not exceed six feet above the pole tip height unless supported by a technical study that clearly demonstrates the need to exceed such height limitation.

b. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface.

c. Pole-mounted equipment, other than the antenna, may not exceed 8.5 cubic feet in area and must be compatible in structure, scale, and proportion to the existing streetlight or utility pole equipment.

d. No new poles may be installed on a public right-of-way except as replacements for existing poles or where there are presently no overheard utility facilities unless the CPUC has authorized the applicant to install such facilities and the applicant demonstrates that no other feasible options exist.

e. All wireless communication facilities mounted on a utility pole must comply with CPUC General Order 95, as it may be amended.

8. Non-antenna transmission equipment:

a. Non-antenna transmission equipment, including electric meter pedestals, must be placed underground to the maximum extent feasible.

b. Non-antenna transmission equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.

c. Non-antenna transmission equipment and underground vaults require an excavation permit under Chapter 13.04 of this code and a valid right-of-way agreement.

d. All ground-mounted non-antenna transmission equipment installed above ground must be screened from public view with landscaping or other decorative features.

F. Collocation and Modification Standards. The following additional development and design standards apply to collocations and modifications to existing wireless communication facilities:

1. The collocated or modified facility must comply with all applicable approvals and conditions of the permit for the host wireless communication facility.

2. Related equipment for collocated facilities must be located within the lease-hold or existing equipment enclosure, or if not possible, then such equipment must be located as close as possible to the existing equipment enclosure.

3. The stealth or camouflage techniques approved and used for the existing wireless communication facility must be extended to all proposed new transmission equipment.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

The director is authorized to retain on behalf of the city an independent technical expert to peer review any application for a wireless communication facility if reasonably necessary, as determined by the director. The applicant must pay for the cost of such review and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The review is intended to be an analysis of technical aspects of the proposed wireless communication facility and may address any of the following:

1. Compliance with applicable radio frequency exposure standards.

2. Whether any facility is necessary to mitigate a significant gap in coverage, increase network capacity, or maintain service quality and is the least intrusive means of doing so.

3. The accuracy and completeness of submissions.

4. Technical demonstration of the infeasibility or potential unavailability of alternative sites or configurations or coverage analysis.

5. The applicability of analysis techniques and methodologies.

6. The validity of conclusions reached.

7. Technical data submitted by the applicant to justify the proposed height of any new installation including monopoles or building mounted sites.

8. Any specific technical issues designated by the city.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A. Where an administrative permit, administrative modification to an administrative permit, or an administrative modification to a conditional use permit is required under this chapter such review and approval or denial will be performed by the director to assure compliance with the provisions of this chapter. Action on an administrative permit may be done without publishing, posting, or mailing of notice and without a public hearing.

B. The director may approve the permit or modification, deny the permit or modification, or approve the permit or modification subject to conditions necessary for the proposed new facility or modifications to an existing facility to comply with this chapter, the municipal code, and any other applicable regulations.

C. The director will provide written notice to the applicant of the director's decision on the permit application.

D. An administrative permit or administrative modification issued under this chapter may be revoked or rescinded if the director finds that any of the following conditions exist:

1. That any condition of the administrative permit or administrative modification has been violated;

2. That the subject use has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this code;

3. That the permit or modification was obtained in a fraudulent manner;

4. That the use for which the permit or modification was granted has ceased for a minimum of six consecutive months or longer; or

5. That the permit holder has notified the city that the use has been voluntarily abandoned and the director confirms such recession in writing.

E. The director must provide notice of a decision to revoke a permit, including the grounds for such decision, to the permit holder by certified mail. The director's decision may be appealed to the planning commission as provided subsection (F).

F. Any person may appeal a decision of the director on an administrative permit or administrative modification to a permit or conditional use permit under this chapter. The appeal must be made in writing and filed with the department of community development within ten days from the date of the issuance of the director's decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal, and the applicable appeal processing fee established by the city council. The planning commission will conduct a de novo review of the director's decision, and the decision of the planning commission will be final.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A conditional use permit for a new wireless communication facility or administrative permit or administrative modification to a permit or conditional use permit may be granted only if the following findings are made by the designated reviewing body or person, in addition to any findings applicable under chapter 19.62 (Conditional Use Permit):

1. The proposed wireless communication facility has been designed to achieve compatibility with the surrounding community to the maximum extent reasonably feasible in accordance with the provisions of this chapter.

2. The proposed wireless communication facility constitutes the least intrusive means to reasonably achieve the applicant's stated technical objectives in accordance with the provisions of this chapter.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

In addition to any conditional use permit or administrative permit or modification to any such permit required under this chapter, an applicant for any proposed new, collocated or modified wireless communication facility must also apply for and obtain any separate permit or approval for such facility required under the city's municipal code, including the city's building, electrical, and safety codes.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A. Within 60 days of commencement of operations, the permittee of a new wireless communication facility must provide the community development department with a report, prepared by a qualified engineer acceptable to the city, indicating that the actual radio frequency (RF) emissions of the facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with all applicable FCC safety standards. This report must include RF emissions from all collocation facilities, if any, at the site. The permittee must also provide an updated report to the city within 60 days after completion of any change in design, number of antennas, operation, or other significant change in circumstances, or when such a report is otherwise required by the FCC, to the satisfaction of the director.

B. All wireless communication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.

C. The site and the wireless communication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.

D. All graffiti on wireless communication facilities must be removed at the sole expense of the permittee within 48 hours of notification.

E. No transmission equipment or any other associated equipment (including but not limited to heating and air conditioning units) at any wireless communication facility may emit noise that exceeds the applicable limits established in Chapter 10.34 of this code.

F. A wireless communication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities.

G. If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the director of the revocation within ten days of receiving notice of such revocation.

H. A wireless communication facility and all equipment associated with the use must be removed in its entirety by the permittee, at the permittee's sole expense, within 180 days of a FCC or CPUC license or registration revocation, or if any applicable city permit or approval is revoked, and the permittee must immediately cease all transmitting and receiving operations at the applicable facility or facilities. Following the removal of a facility, the site must be restored to its reasonable pre-installation condition and, where necessary, revegetated to blend in with the surrounding area. In the case of building mounted facilities, all antennas, equipment, screening devices, support structures, cable runs, and other appurtenant equipment must be removed. Restoration and revegetation of the site must be completed within two months of removal of the facility.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty days of such transfer provide written notification to the director of the date of the transfer and the identity of the transferee. The director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

An exception to the standards or requirements of this chapter may be granted if an applicable standard or requirement would prohibit or have the effect of prohibiting the provision of wireless communication services by the applicant. The city may grant an exception on such terms as the city may deem appropriate in cases where the city determines that the grant of the exception is necessary to comply with any state or federal law or regulation and where the applicant shows by clear and convincing evidence that no other location or combination of locations or type of facility in compliance with this chapter can provide comparable wireless communication services. An applicant seeking an exception must submit to the director a written explanation setting forth clear and convincing evidence that the location or locations and the design of the proposed facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the proposed facility is the least intrusive means to close a significant gap in service coverage or to reduce the gap to less than significant. All exceptions are subject to the review and approval of the planning commission. The burden is on the applicant to prove a significant gap in service coverage and that the exception sought for the proposed facility is the least intrusive means to close the significant gap in service coverage or to reduce the gap to less than significant.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)