Chapter 19.28 — WIRELESS TELECOMMUNICATIONS FACILITIES

This Chapter provides a uniform and comprehensive set of standards and procedures to regulate the development, placement, installation, and operation of wireless telecommunications antennas and related facilities ("wireless telecommunications facilities") consistent with the goals, objectives, and policies of the General Plan and the applicable requirements of federal law. The regulations are intended to provide for the appropriate development of wireless telecommunications facilities within the City to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character and scenic vistas.

It is the City's intent to apply these regulations to accomplish the following:

A.

Provide incentives for well-designed and appropriately located antennas and wireless communications facilities.

B.

Encourage the leasing of publicly owned properties where feasible or desirable.

C.

Encourage the use of existing facilities by collocating multiple service providers.

D.

Encourage the placement of antennas on existing structures.

E.

Provide a competitive and broad range of telecommunications services and high quality telecommunications infrastructure to meet the community's needs and serve as an important and effective part of El Cerrito's emergency response network.

(Ord. 2008-2 Div. II (part), 2008.)

The requirements of this Chapter shall apply to all telecommunications facilities that transmit and/or receive electromagnetic signals including, but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The following facilities are exempt from these requirements provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property:

A.

Collocated Facilities. A wireless telecommunications facility shall be exempt from the requirements of this Chapter provided it satisfies the following requirements:

The proposed facility is located on an existing wireless telecommunications facility that received Planning Commission and Design Review approval.

The proposed facility does not exceed the height of the existing wireless facility.

The proposed facility does not expand the overall massing of the existing wireless facility so as to exceed the locational and siting requirements in Section 19.28.040;

B.

Licensed Amateur (Ham) Radio. Licensed amateur (ham) radio and citizen band operations that:

Comply with the applicable height limits of the zoning district; and

Are not located within any yard abutting a public right-of-way or any required setback;

C.

Hand-held, mobile, marine, and portable radio transmitters and/or receivers;

D.

Emergency services radio;

E.

Radio and television mobile broadcast facilities;

F.

Antennas and equipment cabinets or rooms completely located inside of permitted structures; and

G.

Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment that meets the standards set forth in this Chapter and that will have little or no change in the visual appearance of the facility following written notification to the Zoning Administrator.

H.

Radio or Television Antenna. Ground or building-mounted receive-only radio or television antennas not exceeding the maximum height permitted by this Zoning Ordinance, including any mast, or receive-only radio or television satellite dish antennas subject to the following restrictions:

Residential Districts.

a.

Satellite dishes that do not exceed one meter in diameter and are for the sole use of a resident occupying the same residential parcel so long as it does not exceed the height of the ridgeline or parapet of the primary structure on the same parcel. Such antennas shall not be located in any area between a building and the adjacent public right-of-way.

b.

Antennas may be installed on, or attached to, any existing building or other structure that does not exceed 30 feet in height so long as the height of the antenna measured from existing grade does not exceed the permitted height for antennas in the district. The antennas must be for the sole use of residents occupying the same residential parcel on which the antennas are located and shall not be located in any required parking or loading area.

c.

No more than the number of antennas necessary to receive the programming available for reception in the viewer's local viewing area or listener's local receiving area shall be installed.

Commercial, Public, and Semi-Public Districts.

a.

A satellite dish that does not exceed two meters in diameter is permitted anywhere on a parcel in a commercial, public, or semi-public district provided the location does not reduce required parking or loading, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval. Such antennas shall not be located within a required front yard or side yard abutting a street unless screened from view from any public right-of-way or adjoining property.

b.

An antenna that is mounted on any existing building or other structure such that it is not visible from any vantage point exterior to the building or structure, for example an antenna on a roof behind a parapet wall. All wires and/or cables necessary for operation of the antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna, and be painted to match the color of the building surface.

c.

Antennas mounted on the roof of an existing building and which meet all requirements for allowed projections as described in Section 19.07.030(U).

I.

Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Zoning Administrator with a copy of a current CPUC or FCC permit or a copy of applicable FCC regulations prior to its installation.

J.

All antennas and related wireless communications facilities existing on the date of adoption of this Chapter and installed in accordance with applicable federal regulations shall be considered nonconforming legal uses that shall be allowed to continue as they presently exist. Routine maintenance and repairs shall be permitted on existing antennas and facilities but the replacement or upgrade of existing facilities and all new antennas, structures, and other facilities shall comply with the requirements of this Chapter.

(Ord. 2008-2 Div. II (part), 2008.)

An Applicant shall file a written application for an Administrative Use Permit or Conditional Use Permit in accord with the application procedures under Chapter 19.32, Common Procedures. In addition to any other requirements, applications shall, at a minimum, include the following information:

A.

Inventory. An inventory list and map of existing wireless communication facilities operated by the applicant within two miles of the proposed site ("Service Area"). The inventory list must include specific information as to location, height, size, and design of each facility. The City may share such information with other applicants seeking to locate wireless communication facilities within the Service Area, in order to encourage co-location.

B.

Report on Alternatives. A report explaining why the wireless communication facility is needed at the requested location. If applicant is seeking to construct a new monopole, applicant shall explain why co-location or location on another kind of support structure is not feasible, including efforts made to develop such an alternative. If the City has requested that the applicant co-locate its wireless communication facility on a site, applicant shall explain why co-location is not feasible, including efforts made to develop such an alternative.

C.

Wireless Communication Facility Plans. Plans shall include a fully dimensioned diagram of the proposed facility and antennas, including height, shape, size and nature of construction. The plans for a monopole must provide sufficient detail to demonstrate that the structure will be able to accommodate at least one other similar telecommunications provider in addition to the applicant. The plans should include a diagram showing the separation between the proposed wireless communication facility and any existing facility or facilities on the same support structure or site, if co-location is planned.

D.

Site Plans. A fully-dimensioned site/landscaping plan that includes, at a minimum, the following information: specific placement of the proposed tower dimensioned to the nearest property line, equipment shelters, and any other wireless communication facility on the site; setbacks from adjacent property lines; the location, use and height of existing structures, trees, and other significant features onsite and abutting sites and identifying those features proposed to be removed; the type and locations of plant materials proposed to screen wireless communication facility components; and the proposed materials and color(s) for the wireless communication facility.

E.

Visual Analysis. Photo-simulations showing views of the proposed facility from surrounding properties and public rights-of-way at varying distances with a map indicating the locations used for the analysis and their distances from the site.

F.

Documentation of Compliance. Copies of all applicable licenses or approvals required by the Federal Communications Commission and any other agency of the government with authority to regulate wireless communication facilities, including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals. In addition, the application shall include any environmental documentation required to obtain such license or approval together with such engineering calculations demonstrating that the proposed wireless communication facility will comply with all applicable FCC requirements and standards.

G.

Fees. In addition to any other fees required by this Zoning Ordinance, Applicants shall pay a permit fee as established by the Master Fee Schedule, pursuant to Title 4, Chapter 4.01 of the El Cerrito Municipal Code, to cover the reasonable actual cost and a reasonable administrative fee for consulting services required by the City to evaluate any technical aspect of the wireless communication facility application with the exception of health studies.

(Ord. 2008-2 Div. II (part), 2008.)

To ensure compatibility with this Ordinance and surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of neighborhoods, all wireless telecommunications facilities subject to this Chapter shall be located, developed, and operated in compliance with the following standards unless the Zoning Administrator or the Planning Commission approves a use permit subject to the findings in Section 19.28.060. All new telecommunications facilities shall meet the following requirements and standards:

A.

Location and Siting. All facilities shall be designed and sited to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. As used in this Chapter, "readily visible" means that a person with normal vision can see the facility and distinguish it as an antenna or other component of a wireless telecommunications facility.

Notwithstanding Items 2-9 of this subsection (A), new antennas and other similar facilities may be located on the existing utility towers that exist in the linear utility easement in the hillside area of El Cerrito, provided that they do not project more than two feet beyond the exterior of the tower structure.

No facility shall be sited within 100 vertical feet of a ridge top unless (a) it has been designed to blend with the surrounding natural or existing built environment so that it is effectively unnoticeable, or (b) due to the specific location, existing development or existing vegetation, the facility will be screened from public view.

No facility shall be sited where it will be silhouetted against the sky as viewed from a public park or other public recreation area or intrude into a significant or sensitive view corridor.

No facility shall be sited where it will be readily visible from a public right-of-way, public park or cultural facility.

No facility shall be located in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet of the facility.

No telecommunications antenna or ancillary facility shall be established as the primary use on any site unless the site has already been developed with a legally established wireless facility.

Antennas, support structures, and equipment shelters may be installed on the roof or directly attached to any existing building or structure if they:

a.

Are not visible from the public right-of-way or from the habitable portion of any dwelling unit within 300 feet or;

b.

Are architecturally integrated into the design of the building or structure so long as such facilities do not protrude more than two feet horizontally from the building or structure, and comply with the height requirements of this Chapter.

No wireless facility that is readily visible from an off-site location shall be installed closer than one mile from another wireless telecommunications facility that is readily visible or un-camouflaged, unless it is a collocated facility on a multiple-user site, and has been designed or camouflaged so that it blends into the surrounding natural or existing built environment.

Sites that require construction or grading on slopes of 30% or more shall be avoided unless no other site with a lesser slope is feasible, and environmental review shows that all drainage and erosion impacts can be mitigated to less than significant levels.

B.

Support Structures. Support structures for wireless telecommunications facilities shall be any of the following:

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole must be constructed to allow for co-location of at least one other similar wireless communications provider.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary wireless communications facility.

An existing non-residential building.

An existing structure other than a building including but not limited to, light poles, electric utility poles, water towers, steeples, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility or light pole erected to replace an existing pole, if the replacement pole will serve both electric or lighting and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

A new alternative tower structure such as a clock tower, steeple, functioning light pole, or any similar alternative-design support structure that is designed to conceal or camouflage the facility. The term "functioning" as used here means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

C.

Height. The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to it. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

A freestanding antenna or monopole shall not exceed the height limit of the district in which the antenna is located.

Building-mounted wireless telecommunications facilities shall not exceed the height allowed for projections above the height limit as specified in Sections 19.06.030 and 19.07.030.

A functioning light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles, except wireless telecommunications facility antennas may extend up to 15 feet above the lighting array of a ball field light pole.

Wireless telecommunications facilities mounted on an existing tower or monopole may exceed the height of the existing structure by five feet, up to the maximum height allowed by this Chapter, if camouflaged as part of the structure design.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

D.

Setback. When determining whether a wireless telecommunications facility complies with the following requirements, the setback shall be measured from the closest point on the base of the tower, antenna or other structure to the applicable property line or structure.

Except as otherwise provided in this Chapter, all wireless facilities that are not building mounted or mounted on an existing structure shall meet the following setback standards:

a.

Set back a minimum distance of 100 feet from any property lines that contains residentially zoned property, dwelling unit, school or daycare facility, public park, or outdoor recreation area, unless the wireless facility is designed as a flagpole, tree, or other stealth structure approved by the Zoning Administrator;

b.

Set back from any adjacent property line a minimum distance that is equal to 110 percent of the height of the facility (including attached antennae), or a minimum distance equal to the building setback for the district in which it is located, whichever is greater.

c.

Guy wire anchors shall be set back at least 20 feet from any property line.

Any equipment cabinet or building shall comply with the required setbacks for accessory structures of the zoning district in which it is located.

A satellite dish that is greater than one meter in diameter shall not be located within a required front, side or rear setback and shall not be located in any area between a building and the adjacent public right-of-way.

A satellite dish that is greater than two meters in diameter shall not be located within a required front yard or side yard abutting a street in any non-residential district.

E.

Design and Screening. Wireless facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing supporting structures, so as to reduce visual impacts to the extent feasible.

Based on their potential aesthetic impact, the order of preference for facility type is: flush-mounted, facade- mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground- mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location or other objectives of this Chapter.

Telecommunications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, be incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

To the extent feasible, wireless telecommunications facilities, including all components thereof, shall be painted or textured to camouflage the installation, achieve architectural compatibility, or otherwise minimize the facility's visibility. Paint colors, which must be non-reflective, are subject to approval.

All telecommunications facilities subject to the requirements of this Chapter shall be installed in such a manner so as to maintain and enhance existing native vegetation and minimize disturbance of existing topography unless the decision-making authority determines that such changes will minimize the visual impact of the facility. Site plans shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.

Wireless telecommunication facilities shall be not be lighted except when authorized personnel are present on- site at night or unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes, if the beam is directed downwards, shielded from adjacent properties and kept off when personnel are not present at night.

No advertising shall be placed on wireless telecommunications facilities, equipment cabinets, or associated structures.

In residential districts ground-mounted satellite dishes with a diameter greater than one meter shall be screened from view from any public right-of-way and adjoining property.

At the time of modification or upgrading of facilities, providers shall, to the extent feasible, replace existing equipment with equipment of equal or greater technical capacity, and reduced size to reduce visual impacts.

F.

Equipment Cabinets and Buildings.

Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.

An equipment cabinet shall not exceed eight (8) feet in height and a building shall not exceed one story. An equipment cabinet or building may contain an area of up to 300 square feet for a single provider or 600 square feet for multiple wireless providers. Notwithstanding the foregoing, an equipment cabinet or building for servicing a public safety communications tower may exceed the size limitations set forth herein.

G.

Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

Security fencing, if any, shall not exceed six (6) feet to 10 feet in height, consistent with fencing in the area. Fencing shall be no less than the above grade height of any equipment cabinet. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

Anti-climbing features shall be incorporated into wireless telecommunications facilities, as needed, to reduce potential for trespass and injury.

The permittee shall be responsible for maintaining the site and facilities free from trash, debris and graffiti.

H.

Radio Frequency Standards—Noise.

Wireless telecommunications facilities shall comply with federal standards for radio frequency (RF) emissions and interference. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC's limits for electric and magnetic field strength and power density for transmitters, or operate in a manner that will degrade or interfere with existing communications systems as stipulated by federal law. Failure to meet federal standards may result in revocation or modification of the permit.

Wireless facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non- residential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

I.

Co-Location. The applicant and owner of any site on which a wireless facility is located shall cooperate and exercise good faith in co-locating wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing facilities to meet federal standards for emissions.

When antennas are co-located, the city may limit the number of antennas with related equipment to be located at any one site by any provider to prevent negative visual impacts.

Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Chapter is grounds for denial of a permit request or revocation of an existing permit.

J.

Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a minimum, such facilities shall comply with the following requirements:

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the California Building Standards Code.

Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures.

Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

(Ord. 2008-2 Div. II (part), 2008.)

A wireless telecommunications facility subject to the requirements of this Chapter shall not be established, expanded, or otherwise modified except in conformance with the following requirements:

A.

Design Review Required. All wireless telecommunications that are not specifically exempt from the requirements of this Chapter shall require design review in accordance with the requirements of Chapter 19.38, Design Review. Wireless telecommunications facilities meeting subsections (B) and (C) below shall require administrative design review. Facilities meeting subsection (D) below shall require Design Review Board approval.

B.

Permitted With Administrative Design Review. The following wireless telecommunications facilities shall be permitted in any Commercial, Semi-Public, or Public district subject to the Zoning Administrator's determination of compliance with this Chapter:

A facility affixed to an existing building or structure.

A facility co-located on an existing legally established monopole, utility or light tower, or support structure in any zoning district.

Public safety communications towers sixty-five (65) feet in height or less.

Temporary wireless telecommunications facilities.

C.

Administrative Use Permit. The Zoning Administrator may issue an Administrative Use Permit to establish any of the following facilities subject to the requirements of this Chapter, other than facilities listed in subsection (B) and based on the applicable findings in Section 19.28.060.

A facility on City-owned public safety and maintenance facility properties, including but not limited to City Hall, Police Station, Fire Station, and Corporation Yard, provided that the operation of said facilities will not disrupt normal City communications or operations.

D.

Planning Conditional Use Permit. All other wireless telecommunications facilities, specifically including but not limited to any new ground-mounted tower or monopole, shall require Design Review Board approval and use permit approval by the Planning Commission.

E.

Minor Modifications. The Zoning Administrator may approve minor modifications to any legally established wireless telecommunications facility, including replacement in-kind with smaller or less visible equipment and aesthetic upgrades, without notice or hearing. Such modifications shall be subject to compliance with the standards set forth in this Chapter and all existing conditions of approval.

(Ord. 2008-2 Div. II (part), 2008.)

A.

General Findings. The decision making authority may approve or approve with conditions any Use Permit required under this Chapter, after making the following findings in addition to any other findings required by this Ordinance:

The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility.

The applicant has made good faith and reasonable efforts to locate the proposed wireless facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower, or to accomplish co-location.

The proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

The proposed facility will not be readily visible, or it is not feasible to incorporate additional measures that would make the facility not readily visible as defined in Section 19.28.040.

B.

Additional Findings for Facilities Not Co-Located. To approve a wireless facility that is not co-located with other existing or proposed facilities, or a new ground-mounted antenna, monopole, or lattice tower the decision maker shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such siting:

Would have more significant adverse effects on views or other environmental considerations than a non co- located facility;

Is not permitted by the property-owner;

Would impair the quality of service to the existing facility; or

Would require existing facilities at the same location to go off-line for a significant period of time.

C.

Additional Findings for Facilities in a Residential Zone. To locate a facility in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision maker shall find that:

It is not feasible to provide the service at another location; or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

The proposed facility provides an important link in the applicant's service area build-out and is necessary to provide personal wireless services to city residents.

D.

Additional Findings for Setback Reductions. To approve a reduction in setback, the decision maker shall make one or more of the following findings:

The facility will be co-located onto or clustered with an existing, legally established telecommunication facility.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

E.

Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Cessation of Operations. If use of the facility is discontinued for more than 6 months, the permit shall expire and permittee must remove the facility or the City may cause the facility to be removed at the expense of the permittee/owner of the facility. Within 30 days of cessation of operations of any wireless telecommunications facility approved pursuant to this Chapter, the operator shall notify the Zoning Administrator in writing.

After a permit has expired under the preceding subsection, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator. If such facilities are not removed, the site shall be deemed to be a nuisance pursuant to Chapter 19.43, Enforcement, and the City may call the bond to pay for removal.

Failure to inform the Zoning Administrator of cessation of operations of any existing facility shall constitute a violation of the Zoning Ordinance and be grounds for:

a.

Prosecution;

b.

Revocation or modification of the permit;

c.

Calling of any bond or other assurance secured by the operator pursuant to the requirements of Chapter 19.43; and/or

d.

Removal of the facilities.

B.

Exercise of Permits. Any Administrative Use Permit or Conditional Use Permit issued pursuant to this Article shall expire automatically if the use is not commenced pursuant to the requirements of Chapter 19.32, Common Procedures.

C.

Transfer of Permit. Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the Zoning Administrator. The Zoning Administrator may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing use permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the FCC and the California Public Utilities Commission. If the Zoning Administrator determines that the proposed operation is not consistent with the existing use permit, he/she shall notify the applicant who may revise the application or apply for amendment of the Use Permit pursuant to the requirements of Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)