Sec. 32-3. - Applicability.

(a)

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in sections 32-3(b) through section 32-3(f), inclusive.

(b)

Amateur radio station operators/receive only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 75 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Refer to article II of this chapter.

(c)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of sections 32-4(f) and 32-4(g).

(d)

AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(e)

Collocation facilities. Collocation facilities that meet the requirements of section 32-5 shall only be subject to the requirements of that section.

(f)

Reconstruction of existing towers and antennas. Existing towers and antennas that require routine maintenance or repair from damage caused by external elements such as wind, flood, fire, earthquake, natural deterioration, or other similar occurrences that would compromise the structural integrity, do not have to meet the requirements of this section as long as the tower or antenna is reconstructed to its original condition with no change to the height, setback, placement, and aesthetic appearance. Reconstruction of the preexisting tower or antenna that includes a change in height, setback, placement, or aesthetic appearance requires approval of a CUP and/or ASP.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1620, § 6(Exh. A), 6-23-10)

A proposal for all new towers and antennas shall be processed upon the application of the property owner(s) or its agent, subject to the following requirements:

(a)

Applicant shall file a completed development application for a conditional use permit (CUP) and/or an administrative site plan review (ASP) with the community development department in a manner prescribed by the director of community development.

(b)

In addition to the requirements outlined in the appropriate application form, an application for a CUP and/or ASP shall contain sufficient information to allow the community development department, planning commission, and/or city council to act on the tower or antenna proposal.

(c)

Applicant shall pay all applicable application fees as provided by resolution of the city council.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a)

Within 30 calendar days of receipt of an application for a CUP and/or ASP, the city shall determine whether the requisite submittal requirements have been complied with and written notification of the city's determination shall be mailed to the applicant (s).

(1)

An application for a CUP and/or ASP determined to be complete shall be issued a notice of complete submittal.

(2)

Should the city determine that the application is incomplete; the city shall issue a written notice of incomplete submittal. The city shall not process an incomplete application until the applicant has modified the previously submitted application to contain the information stated on the notice of incomplete submittal and the city has then determined that the resubmitted application is complete.

(b)

Within 30 calendar days of receipt of a resubmitted application for a CUP and/or ASP, the city shall determine whether the applicant has complied with the requisite submittal requirements and shall provide written notification to the applicant of the city's determination of whether the resubmitted application is complete.

(c)

The city's issuance of a notice of complete submittal does not constitute the filing of a CUP and/or ASP application. An application for a CUP and/or ASP shall not be deemed filed until the applicant has submitted sufficient information for staff to prepare an initial study to determine whether the proposed wireless telecommunications facility may have a significant effect on the environment. Upon the city's determination that the applicant has provided sufficient information and completion of an initial study, the city shall provide the applicant written notice of official filing. Timelines to file the additional environmental information shall be governed by the California Environmental Quality Act (CEQA).

(d)

The city shall not take any action to approve or deny a CUP and/or ASP application until the city has issued the written notice of complete application submittal, notice of official filing and the applicant has paid all required fees to the city. Upon the city's issuance of a notice of complete application submittal, notice of official filing, and receipt of all required fees, the city shall either approve or deny:

(1)

A development permit for any collocation application within 90 days, or

(2)

A development permit for any other tower or antenna application within 150 days.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)