Chapter 11 — COMMERCIAL USE OF PUBLIC PROPERTY

The City wishes to adopt a permit system to regulate the commercial use of City property so that such uses do not unduly interfere with free, public use of the facilities. This Chapter is adopted for such purpose and constitutes the City's regulations in this regard.

(Ord. 182, 2-17-86)

No person shall conduct commercial activity on property owned by the City, except under a permit (herein referred to as a "commercial use permit") issued by the City. As used herein, the term "commercial" includes all activities undertaken by a person for direct or indirect consideration.

(Ord. 182, 2-17-86)

A person who desires to obtain a commercial use permit for the commercial use of City property shall apply for the permit by filing an application with the City Clerk. The application shall: describe the proposed activity, the times and the place where the activity is to occur and such further information as the City Clerk may deem to be reasonably required.

(Ord. 182, 2-17-86)

• A. Conditions: Each commercial use permit shall be conditioned upon the payment of the required fees, indemnification of the City, its officers, agents and employees and the naming of the indemnified parties as added or co-insured on a policy of general liability insurance.

• B. Fees: Each applicant for a commercial use permit shall pay an application fee at the time the application is submitted in an amount established, from time to time, by resolution, and each permittee shall pay a permit fee in an amount established, from time to time, by the City Council. [1]

(Ord. 182, 2-17-86)

Footnotes:

--- ( 1 ) ---

See Title 2, Chapter 1 of this Code for collection procedures.

The City Clerk shall determine whether the proposed commercial activities will interfere with the public use of the facilities. If the City Clerk determines that no interference will occur, the Clerk shall issue the use permit upon the deposit of the required fees and insurance certificates. If the City Clerk determines that interference will occur, the Clerk shall deny the commercial use permit unless the applicant revises the application to eliminate such interference. The Clerk may also issue a permit with conditions necessary to eliminate such interference.

(Ord. 182, 2-17-86)

A commercial use permit may be revoked by the City Clerk if any of the permit conditions are violated or if any of the required fees are not paid in a timely manner. The City Clerk shall notify the permittee, in writing, of the reasons for the revocation at least five days prior to the effective date thereof.

(Ord. 182, 2-17-86)

An applicant who is denied a commercial use permit or a permittee whose permit is revoked may request the Planning Agency to review the decision of the City Clerk by filing a written notice of appeal within ten days of the Clerk's decision. The Planning Agency shall consider the appeal by conducting a public hearing not less than 15 days nor more than 45 days after the written appeal is filed. The Planning Agency's decision shall be final.

(Ord. 182, 2-17-86)

CHAPTER 12 - RADIO, TELEVISION ANTENNAS, WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES

The City Council finds, determines and declares as follows:

A.

The purpose of the regulatory provisions set forth in this chapter is to establish development standards for the installation and maintenance of antennas and wireless telecommunications antenna facilities within specified land use zones of the City. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the City to promote the public health, safety, comfort, convenience, and general welfare of the City's residents, and to enhance the aesthetic quality and appearance of the City by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.

• B. In adopting and implementing the regulatory provisions of this chapter, it is the intent of the City Council to further the objectives specified above in paragraph A. without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas.

The following terms and phrases are defined below in Section 5-12-9:

Amateur radio station antenna; Antenna or antenna array; Co-location; FCC; Mast; Satellite earth station antenna; Support structure; Wireless telecommunications antenna facility; and Wireless telecommunications services.

• A. Permitted Accessory Uses: Satellite earth station antennas described below in this paragraph A. may be installed as permitted accessory uses without site plan review and without obtaining a building permit, provided that they comply with all applicable development standards set forth in paragraph B., as well as all applicable building codes, electrical codes, and fire codes:

  1. An antenna located in any zoning district that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter (39") or less in diameter and that is either building-mounted or, if elevated by a mast, does not extend above the roofline.

  2. An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (78") or less in diameter and is either building-mounted or, if elevated by a mast, does not extend above the roofline.

An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter (39") or less in diameter or diagonal measurement and which is either building-mounted or, if elevated by a mast, does not extend above the roofline.

4. An antenna located in any zoning district that is designed solely to receive television broadcast signals, which antenna, whether building-mounted or ground-mounted, does not extend above the roofline.

• B. Development Standards:

  1. The following development standards apply in all zoning districts to the siting, construction, and operation of satellite earth station antennas referenced above in paragraph A., and to all satellite earth station antennas that are subject to site plan review and to the issuance of a building permit:

     • a. Only one satellite earth station antenna is allowed on any lot or parcel.

     • b. The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

     • c. No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

     • d. Satellite earth station antennas, whether ground-mounted or building-mounted, including any guy-wires, masts, and accessory equipment, must be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified if the antenna's reception is impaired.

     • e. Satellite earth station antennas must be finished in a non-metallic finish or painted in a color that is compatible with the surrounding environment.

• f. Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials.

  - g. All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors. 
  
  - h. All satellite earth station antennas must be located away from utility lines by a 12-foot vertical distance and a 6-foot horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.
  

i.

To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

  - j. If footings are required for the installation of a satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer. 

  - k. All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of at least 20 pounds. 

  - l. No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the Director of Public Works as provided for in this Code. 

  - m. All satellite earth station antennas must be properly maintained. 

2. In addition to the development standards set forth above in subsection 1., the following development standards apply in all residential zones to the siting, construction, and operation of satellite earth station antennas:

   • a. No satellite earth station antenna may be mounted on the roof of a building.

   • b. The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

   • c. The diameter of a satellite earth station antenna that is subject to site plan review may not exceed 10 feet.

   • d. A satellite earth station antenna must be located in the side yard or rear yard and at least five feet from any property line.

3. In addition to the development standards set forth above in subsection 1., the following development standards apply in all nonresidential zones to the siting, construction, and operation of satellite earth station antennas:

   • a. All ground-mounted satellite earth station antennas must be located at least five feet from any property line.

   • b. No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure.

   • c. If roof-mounted, a satellite earth station antenna must not extend more than six feet above the roofline, and must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the Planning Director.

• d. The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

• C. Site Plan Review Required:

If a proposed satellite earth station antenna will exceed the applicable height limitations referenced above in subsections 1. through 4. of paragraph A., or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the one or two meter limitation specified in subsections 1. through 3. of paragraph A., then an application for site plan review must be submitted in accordance with Chapter 2H of Title 5 of this Code, and, if the application is approved, a building permit must be obtained.

2. The City Council expressly finds and determines that these regulatory requirements relating to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The City Council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the FCC under the Telecommunications Act of 1996.

3. In addition to the requirements set forth in Chapter 2H of Title 5 of this Code, the application for site plan review must include the following:

   • a. Construction drawings that show the proposed method of installation and the manufacturer's specifications.

   • b. A plot plan showing the proposed location of the satellite earth station antenna.

   • c. Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the Building Code.

• A. Site Plan Review Required: The proposed installation of an amateur radio station antenna in any zoning district must be preceded by an application for site plan review in accordance with Chapter 2H of Title 5 of this Code, and, if the application is approved, a building permit must be obtained.

• B. Application for Site Plan Review: In addition to the requirements set forth in Chapter 2H of Title 5 of this Code, the application for site plan review must include the following:

  1. Construction drawings that show the proposed method of installation and the manufacturer's specifications.

  2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna.

  3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the Building Code.

  4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.

• C. Factors Considered in the Site Plan Review Process:

  1. In conducting site plan review for a proposed amateur radio station antenna, the reviewing authority must consider the following factors:

     • a. The proposed height of the amateur radio station antenna, and the applicant's representations as to the technological necessity of that height to engage in amateur radio service operations of the nature contemplated.

     • b. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

     • c. The nature of existing uses on adjacent and nearby properties.

     • d. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.

     • e. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.

  2. In making any determination during the site plan review process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines:

     • a. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection 1., and the reasonable accommodation required under subparagraph b. below.

antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection 1., and the reasonable accommodation required under subparagraph b. below.

  - b. The site plan review process must be conducted so as to (1) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (2) impose the minimum practical restrictions, limitations, and conditions in order to achieve the City's legitimate regulatory objectives. 

5-12-5: - REGULATION OF WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES.

• A. Applicability of Regulations: The regulatory provisions of Title 5 of this Code are applicable to the siting of wireless telecommunications antenna facilities on all land, buildings and right-of-way located within all nonresidential zoning districts. The siting and construction of wireless telecommunications antenna facilities in all nonresidential districts is subject to site plan review and to approval by the Planning Agency.

• B. Application For Site Plan Review: In addition to the requirements set forth in Chapter 2H of Title 5 of the Code, the application for site plan review must include the following:

  1. A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy-wires, above and below ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

  2. A location map showing existing wireless telecommunications antenna sites within the City that are owned or operated by the applicant and any proposed sites in the City that may be required for future area coverage.

  3. Detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications facility will be within the limits approved by the FCC.

  4. A preliminary environmental review, with special emphasis placed upon the nature and extent of visual impacts.

  5. Evidence of any required licenses and approvals to provide wireless telecommunications services in the City.

• C. Factors Considered In the Site Plan Review Process: The Planning Agency must consider the following factors in determining whether to approve a site plan for a wireless telecommunications antenna facility:

  1. Height of the proposed facility.

  2. Proximity of the proposed facility to residential structures and to boundaries of residentiallyzoned districts.

  3. The nature of existing uses on adjacent and nearby properties.

  4. Surrounding topography.

5. Surrounding tree coverage and foliage.

   6. Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.

   7. Proposed ingress and egress.

   8. Availability of suitable existing buildings or support structures, as set forth below in paragraph D.

D. Development Standards:

1. Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.

2. The siting of new support structures is subject to the following additional requirement: No new support structure will be permitted unless the Planning Agency makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the Planning Agency and may consist of any of the following:

   • a. No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

   • b. Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements.

   • c. The applicant's proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array.

   • d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service provider, in order to co-locate a new antenna array on an existing building or support structure, or to adapt an existing building or support structure for the location of the new antenna array, are unreasonable.

   • e. There are other limiting factors that render existing buildings and support structures unsuitable for use by the applicant.

3. If co-location of the proposed facility cannot be accomplished, the proposed facility must be sited at least 1,500 feet from any existing facility unless the Planning Agency determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

4. If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the Planning Agency may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

5. Protective structures housing accessory equipment must not exceed ten feet in height, must comply with all applicable set-back requirements, and must be screened from public view or be made compatible with the color and architectural design of adjacent structures.

6. If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials.

No new support structure may project from the roof of a building. A new, freestanding support structure must be a minimum of ten feet from a building on the same site unless that building houses equipment accessory to the support structure.

8. A new support structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that support structure.

9. The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.

10. Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

11. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a building or support structure to which a wireless telecommunications antenna facility is attached.

12. The applicant and the property owner must sign an agreement, in a form to be provided by the City, that consents to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that colocation.

• E. Maintenance and Cessation of Use: The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

  1. The site must be maintained in a condition free of trash, debris, and refuse. All graffiti must be removed within 72 hours.

  2. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the Planning Director. The antenna array and, if applicable, the support structure, must be removed within a 90-day period. If such removal does not occur, the City may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.

5-12-6: - VARIANCES.

• A. In accordance with the provisions of Chapter 2I-4 of Title 5 of this Code, application may be made for a variance from the restrictions and limitations imposed by this chapter upon satellite earth station antennas and wireless telecommunications antenna facilities that are subject to site plan review.

• B. A variance may be issued if, in addition to the general variance standards, the following requirements are met:

  1. The applicant submits evidence satisfactory to the Planning Agency that location of the satellite earth station antenna or the wireless telecommunications antenna facility in the manner required by this chapter would (a) obstruct the antenna's reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or (b) the cost of meeting the requirements of this chapter is excessive in relation to the cost of the proposed antenna or antenna facility.

  2. The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the Building Code, including load distributions upon any proposed mast or other support structure.

• C. A variance may be revoked if the applicant or property owner fails to comply with any conditions that are imposed upon the issuance of that variance.

Any antenna constructed in violation of this chapter, or in violation of any prior ordinance or regulation, is subject to the provisions of Chapter 2I-1 of Title 5 of this Code.

• A. All satellite earth station antennas, amateur radio station antennas, and wireless telecommunications antenna facilities are subject to periodic inspection by the City to determine whether they are in compliance with all applicable provisions of this Chapter 12.

• B. If any condition is discovered that may result in a danger to life or property, the City will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within ten days after that notice.

• C. Failure to comply with any applicable provision of this Chapter 12, or with conditions that may be imposed under site plan review or in connection with any variance, will constitute a public nuisance and will be subject to immediate abatement.

5-12-9: - DEFINITIONS.

As used in this chapter, the following terms and phrases have the meanings set forth below:

• A. Amateur Radio Station Antenna means any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued by the FCC.

• B. Antenna, Antenna Array, or Wireless Telecommunications Antenna Array, means one or more rods, poles, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel), and parabolic antennas (disc), but excluding any support structure as defined below.

• C. Co-location means the use of a common wireless telecommunications antenna facility, or a common site, by two or more providers of wireless telecommunications services, or by one provider of wireless telecommunications services for more than one type of telecommunications technology.

• D. FCC means the Federal Communications Commission.

• E. Mast means a support structure that is designed and constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality.

• F. Satellite Earth Station Antenna means a parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving radio or television broadcast signals.

• G. Support Structure, or Wireless Telecommunications Antenna Array Support Structure, means a freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a monopole, a mast, a self-supporting lattice tower, a guy-wire support tower, or other similar structures.

• H. Wireless Telecommunications Antenna Facility, or Wireless Communications Antenna Facility, means an unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

ireless Communications Antenna Facility, means an unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

• I. Wireless Telecommunications Services, or Wireless Communications Services, means any personal wireless services as defined in the federal Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

(Ord. 293, 6-8-98)

CHAPTER 13 - WIRELESS COMMUNICATIONS FACILITIES

• A. The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development, siting, installation and operation of wireless communications facilities. These regulations are designed to promote public health, safety, community welfare, and the aesthetic quality of City of Hidden Hills consistent with the goals, objectives and policies of the General Plan, while at the same time provide for managed development of wireless communications facilities in accordance with the Telecommunications Act of 1996. These regulations are intended to supersede conflicting provisions of the Hidden Hills Zoning Regulations pertaining to communications facilities and to establish flexible guidelines for the governance of wireless communications facilities, which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Hidden Hills. Wireless communications facilities are prohibited in the City of Hidden Hills except as otherwise provided herein:

• B. The objectives of this chapter include but are not limited to the following:

  1. Foster an aesthetically pleasing environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential areas, consistent with the General Plan and in compliance with state and federal legislation;

  2. Because wireless communications antennas and related facilities for cellular and mobile phones and personal communications systems are a commercial use that is usually separate from and is rarely accessory to the primary use of a parcel, to prevent the location of such facilities in residentially zoned areas unless (a) the City is required to permit them in such locations in order to avoid violating the Telecommunications Act of 1996, and (b) the wireless communications facilities are designed to interfere as little as possible with the character of the neighborhood;

  3. Establish a process for obtaining necessary permits for wireless communications facilities that provides greater certainty to both applicants and interested members of the public while ensuring compliance with all applicable zoning requirements; and

  4. Provide opportunities for further reduction in potential aesthetic or land use impacts of wireless communications facilities as changes in technology occur.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

Unless otherwise stated, the following definitions pertain to this Chapter:

• A. Antenna: means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.

• B. Building-Mounted: means mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.

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

• D. Collocated: means the locating of wireless communications equipment from more than one provider on a single wireless communications facility.

• E. Ground-Mounted: means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.

• F. Monopole: means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.

• G. Mounted: means attached or supported.

• H. Personal Communication Service: means digital low-power, high-frequency commercial wireless radio communications technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location.

• I. Roof-Mounted: means mounted above the eave line of a building.

• J. Stealth Facility: means any communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna.

• K. 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.

• L. Wireless Communications Facility: means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a Certificate of Public Convenience and Necessity, or a Wireless Registration Number by the California Public Utilities Commission, or otherwise provides wireless communications services to the public.

• (Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

• 5-13-3: - MINIMUM APPLICATION REQUIREMENTS.

• A. Purpose: This Section establishes application submittal requirements for wireless communications facilities, in addition to those required for site plan review approval. The purpose of these additional application requirements is to ensure that the purposes of this Chapter are implemented to the extent permitted by the Telecommunications Act of 1996.

• B. In addition to meeting the standard application submittal requirements for site plan review specified in Section 5-2H, applications for wireless communications facilities pursuant to this chapter, shall include the information set forth in this Section.

• C. Coverage map and general information:

  1. The coverage map shall include existing, planned and/or approved wireless communications facilities located within 1,500 feet of the proposed facility.

  2. Applications for site plan review shall include information establishing whether or not the proposed facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant's service area.

  3. Written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference) set forth in this Chapter. This documentation shall include a coverage map (a narrative description and map showing the coverage area of the applicant's existing facilities that serve customers in Hidden Hills and the specific site that is the subject of the application), an analysis of alternative sites (analyzing whether the proposed facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant's service area, that is based on a report signed by an independent, licensed radio engineer, and whether it is the least intrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service). The required report signed by an independent licensed radio engineer shall also represent and establish the following:

     • a. A more preferable location, as determined by reference to the Site Selection Guidelines set forth in Section 5-13-4 A.21., cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements of the applicant, or as imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. Property lease rates that do not substantially exceed market rates for comparable properties in the vicinity shall not be deemed to be a factor beyond the applicant's reasonable control.

     • b. The cumulative total levels of RF emissions from the proposed facility operating at the proposed power levels and frequencies, with all antennas in their proposed configurations, and taking into account RF emissions from all neighboring wireless facilities, will not exceed maximum permissible levels established by the FCC at any time.

4. A current, overall systems plan for the City, showing applicant's existing and approved facilities, and the overall system with all facilities, in its completed state.

• D. Technical Information:

  1. Copies of, or a sworn statement by an authorized representative that applicant holds, all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the Federal or State government with authority to regulate communications facilities that are required in order for the applicant to construct or operate the proposed facility.

  2. Documentation of, or a sworn statement by an authorized representative that applicant is in, compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

• E. Visibility:

  1. A site plan, plans and elevations drawn to scale. Plans shall include microcell, façade- or roofmounted antennas and all related equipment. Elevations shall include all structures on which facilities are proposed to be located.

  2. A description of the proposed screening or camouflaging of all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility will be camouflaged or rendered not readily visible. Where any part of the proposed facility would be readily visible, the application shall include an explanation as to why it cannot be rendered not readily visible.

  3. A visual impact analysis including scaled elevation diagrams within the context of the proposed site and surroundings, before and after photo simulations, and a map depicting where the photos were taken. The City Engineer may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility.

  4. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why facility type preferred by provisions of this Chapter is not feasible.

• F. Plans showing how connections to utilities will occur and how vehicle access will be provided, and evidence satisfactory to the City Engineer showing that all necessary easements have been obtained.

G.

Evidence satisfactory to the City Engineer that the proposed facility and overall system, when complete, will be in compliance with all environmental approvals pursuant to the California Environmental Quality Act of 1970 (CEQA) and the Guidelines thereunder, received from the California Public Utilities Commission and/or any other governmental agency having jurisdiction over the applicant's facilities. Lacking such evidence, the applicant shall comply with all requirements of CEQA and the Guidelines as a condition of approval of the proposed facility.

• H. Peer Review:

  1. The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or RF studies (hereinafter, "an approved engineer") retained by the City to peer review the information provided in response to subdivisions C. and D. of this Section.

  2. The application shall also include an agreement to pay the reasonable actual cost and a reasonable administrative fee for hiring an approved engineer to provide peer review.

  3. Any proprietary information disclosed to the city or its engineer in confidence shall not be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The City and/or its engineer shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

• I. Monitoring: An agreement to pay a reasonable one-time or annual fee for independent monitoring as required by this Chapter.

• J. A statement that prior to obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Attorney, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

• K. The City Engineer may require information concerning noise that might be generated by equipment associated with a wireless communications facility, such as air conditioning equipment, if the physical circumstances of the propose facility suggest that such noise may be detrimental.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

• A. Screening and Site Selection Requirements:

  1. Stealth facilities and concealed antennas are preferred.

Based on potential aesthetic impact, and subject to the Site Selection Guidelines set forth in subsection 21., below, the order of preference for facility type is microcell, façade-mounted, roof mounted, groundmounted, and finally freestanding tower.

3. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the City Engineer establishing compliance with this subsection. All wireless communications facilities proposed for locations where they would be readily visible from the roadways or from the habitable living areas of residential units within 300 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the greatest extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

4. Roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Roof mounted antennas shall be designed and sited to minimize their visibility and shall be no taller than necessary to meet the operator's service requirements. Where roofmounted antennas are readily visible, or where the proposed height would exceed that permitted in the zone or district, confirmation of necessary height for service requirements, at the City Engineer's discretion, shall be based on independent analysis by a licensed radio engineer approved by the City.

5. Antennas and facilities shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

6. All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation.

7. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening and/or landscaping pursuant to a landscaping plan, satisfactory to the City Engineer, or as otherwise required herein.

8. Ground-mounted wireless communications facilities shall be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding for at least 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.

Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed of non-reflective materials. Facilities shall be painted or textured using colors to match or blend with the surrounding background.

10. All screening for building mounted facilities shall be compatible with the existing building architecture, and surface color and materials.

11. Facility lighting shall be designed to meet but not exceed minimum requirements for security, safety or FAA regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

12. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage.

13. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The City Engineer or City Council 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, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to site plan review.

14. Where appropriate and directly related to the applicant's placement, construction, or modification of wireless communications facilities, the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening unless the City Engineer or City Council approves appropriate replacement landscaping. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The City Engineer or City Council shall determine the appropriate minimum size of new trees and shrubs.

15. Facade-mounted equipment, not including any required screening, shall not project more than 18 inches from the face of the building or other support structure unless specifically authorized by the City Engineer or City Council.

16. In order of preference, ancillary support equipment for facilities shall be located either within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the City Engineer or City Council finds that another location is preferable under the circumstances of the application.

Above ground and partially buried ancillary equipment, including support pads, cabinets, shelters, and buildings, shall be located where they will be the least visible from surrounding properties and the roadway and shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other techniques to minimize their visual impact. If the City Engineer determines that an equipment cabinet is not or cannot be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground or inside the existing building where the antenna is located unless the City Engineer or City Council finds that such placement is not feasible or consistent with the objectives of this Chapter and other applicable requirements.

18. All screening for building-mounted facilities 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 their visual impact.

19. At the time of modification or upgrade of wireless communications facilities, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual and noise impacts as feasible.

20. Proposed wireless communications facilities shall not reduce the number of available parking spaces below the amount required pursuant to the Zoning Regulations.

21. Wireless communications facilities shall be located in the following order of preference ("Site Selection Guidelines"):

• a. Collocated with existing wireless communications facilities.

• b. On existing structures such as buildings, communication towers, or utility facilities.

• c. On existing signal, power, light, or similar kinds of poles.

• d. In commercial districts.

• e. In residential districts, subject to additional restrictions set forth herein.

22. Wireless communications facilities are not permitted to locate within 500 feet of any residential structure, within any residential zone, or within 1,000 feet of any existing, legally established wireless communications facility except as follows:

• a. When located on any existing non-residential building or structure, on any existing utility pole, or collocated on any existing wireless communications facility provided such location complies with all of the following:

  • (i) The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations; and

    • (ii) Existing wireless communications facility to be utilized for collocation has previously been granted Site Plan Review approval; and

    • (iii) All accessory equipment and enclosures are located underground, or screened from public view as set forth in this Chapter; and

• (iv) Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.

  - b. As to any new freestanding facility, including towers, lattice towers and monopoles proposed shall be located within 1,000 feet of another freestanding facility, only when the facility meets all requirements of this Chapter, appropriate stealth techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is shown to the satisfaction of the City Engineer to not be feasible. 
  
  - c. The proposed facility will replace or modify an existing facility for purposes of collocation. 
  

  23. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed wireless communications facility to the nearest property line of any residential land use, or to the nearest point of another wireless communications facility.

• B. Special Requirements for Collocation on Existing Wireless Communications Facilities:

  1. Notwithstanding any other provision of this Chapter 13, the collocation of a new wireless communications facility on an existing wireless communications facility that: (i) was approved after January 1, 2007 by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless communications collocation facilities, shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by the Zoning Regulations and/or the Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communications facility.

  2. The proposed collocation of a new wireless communications facility on an existing wireless communications facility that meets all of the requirements stated in paragraph B.1., above, may include:

     • a.

New appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communications collocation facility.

3. The proposed collocation of a new wireless communications facility on an existing wireless communications facility that meets all of the requirements stated in paragraph B.1., above, may not include:

   • a. More surface area of antennas than is being utilized by the existing wireless communications collocation facility, provided all antennas are colored and/or disguised to match the existing facility;

• b. Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communications facility. Unless otherwise approved in writing by the City Engineer, and except as provided in this subsection B, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this Chapter.

  4. Except as otherwise provided above, approval of a Site Plan Review shall be required when the proposed collocation facility:

     • a. Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communications facility;

     • b. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section;

     • c. Collocates on an existing legally permitted wireless communications facility that was approved on or prior to January 1, 2007;

     • d. Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the City Engineer after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.

• (Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

• A. No wireless communications facility shall be located in any zoning district unless the City Council approves a site plan and finds the proposed to be in compliance with this Chapter. Denial of site plan approval shall not be based on any other matter that the City is prohibited from considering by the Telecommunications Act of 1996. In considering applications for wireless communications

facilities, the City Council shall be guided by the provisions of the Hidden Hills Zoning Regulations and this Chapter. However, in the event of any inconsistencies in said provisions, the provisions of this Chapter shall govern.

• B. In order to approve a site plan for a wireless communications facility under this Chapter, the City Council must make the following findings:

  1. That the proposed facility is consistent with the general requirements of this Code and any specific requirements applicable to the proposed facility;

  2. That the proposed facility, operating alone and in conjunction with other communications facilities, will comply with all applicable state and federal standards and requirements; and either:

     • a. Will not be readily visible; or

     • b. Will be readily visible, but it is not feasible based on the standards set forth herein to incorporate additional measures that would make the facility not readily visible;

  3. That the facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant's service area, and is the least intrusive means of doing so; and

  4. That the applicant and proposed facility is otherwise in compliance with all provisions of this Chapter and state and federal law.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

No wireless communications facility shall exceed the height limits for the applicable zone unless a report from an independent, licensed radio engineer establishes that such height is required to fill a significant gap in coverage or capacity.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

Each wireless communications facility proposed to be constructed in the City shall also receive final approval of a site plan review in accordance with Section 5-2H of the Hidden Hills Municipal Code. As a condition of approval of a Site Plan Review for a wireless communications facility utilizing property owned by the City, an applicant may be required to enter into a franchise, lease or license agreement, unless the property consists of public rights-of-way over which the applicant possesses rights pursuant to California Public Utilities Code Section 7901, or the applicant is otherwise exempt under state or federal law.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

5-13-8: - OPERATION AND MAINTENANCE STANDARDS.

All wireless communications facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this Chapter and subject to enforcement provisions herein.

• A. Each owner or operator of a wireless communications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to site plan review. Contact information shall be kept current.

• B. Wireless communications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of notification by the city.

• C. The owner or operator of a wireless communications facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan must be submitted to the City Engineer for approval.

• D. Each wireless communications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the 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. Backup generators, if permitted, shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in this Code regarding noise limits.

ond the 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. Backup generators, if permitted, shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in this Code regarding noise limits.

• E. All wireless communications facilities providing service to the government or the general public shall be designed to meet the following requirements:

  1. The exterior walls and roof covering of all above ground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the Building Code;

  2. Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers to the greatest extent feasible;

     3. Material used as supports for antennas shall be fire resistant, termite proof, and subject to all applicable requirements of the Building Code;

     4. Antenna towers and support structures shall be designed to withstand forces expected during earthquakes. Building-mounted facilities and equipment racks shall be anchored so that an earthquake cannot dislodge them or tip them over; and

     5. All connections between various components of the wireless communications facility and necessary power and telephone lines shall, to the greatest extent feasible, be protected against damage by fire, flooding, and earthquake. Reasonable measures shall be taken to keep wireless communications facilities in operation in the event of a natural disaster.

  • F. Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.

• (Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

• A. No wireless communications facility or combination of facilities shall at any time produce RF power levels that exceed the FCC's limits for electric and magnetic field strength and power density for transmitters. In order to ensure continuing compliance with all applicable emission standards, all wireless communications facilities shall submit reports as required by this section. The City may require, at the operator's expense, independent verification of the results of any analysis. If an operator of a communications facility fails to supply the required reports or fails to correct a violation of the Federal Communications Commission standard following notification, the site plan approval shall be subject to modification or revocation by the City Council following a public hearing:

  1. Within 45 days of initial operation or modification of a communications facility, the operator thereof shall submit to the City Engineer written certification by a licensed professional radio engineer that the facility's radio frequency emissions are in compliance with the approved application, FCC requirements and any required conditions. The engineer shall measure the radio frequency radiation of the approved facility, including the cumulative impact from other nearby facilities, and determine if it meets the FCC requirements. A report of these measurements and the engineer's findings with respect to compliance with the FCC's Maximum Permissible Exposure (MPE) limits shall be submitted to the City Engineer. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. The City may require, at the applicant's expense, independent verification of the results of the analysis.

  2. Prior to January 31 of every year, an authorized representative of each wireless carrier providing service in the City shall provide written certification to the City that each facility is being operated in accordance with the approved local and federal permits and shall provide the current contact information.

  3. Once every two years, at the operator's expense, the City may conduct, or retain an approved engineer to conduct, an unannounced spot check of the facility's compliance with applicable FCC radio frequency standards.

4. In the event of a change in the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters, the operator of each wireless communications facility shall be required to submit to the City Engineer written certification by a licensed professional engineer of compliance with applicable FCC radio frequency standards within 90 days of any change in applicable FCC radio frequency standards or of any modification of the facility requiring a new submission to the FCC to determine compliance with emission standards. If calculated levels exceed 50 percent of the FCC's MPE limits, the operator of the facility shall hire an approved engineer to measure the actual exposure levels. If calculated levels are not in compliance with the FCC's MPE limit, the operator shall cease operation of the facility until the facility is brought into compliance with the FCC's standards and all other applicable requirements. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the current MPE limits shall be submitted to the City Engineer.

   5. If the City Engineer at any time finds that there is good cause to believe that a communications facility is not in compliance with applicable FCC radio frequency standards, he/she may require the operator to submit written certification that the facility is in compliance with such FCC standards.

• B. Failure to submit the information required in this Section will be considered a violation of this Code. Any facility found in violation may be ordered to terminate operations by the City Council following a duly noticed public hearing.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

No wireless communications facility shall interfere with any public safety radio communications system. If such facility is found to interfere with any public safety radio system, it shall immediately cease operations until such time as the problem is resolved to the satisfaction of the City of Hidden Hills.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

5-13-11: - REVOCATION.

Any approval granted pursuant to this Chapter may, after notice and hearing, be terminated for violation of any provisions of this Chapter or any other applicable laws, or for fraud or misrepresentation in the application process.

(Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)

• A. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications services for 180 or more consecutive days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the City Engineer of any discontinuation of operations exceeding 30 days.

• B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within ten business days of the date of said notice, the operator appeals such determination, in writing, to the City Council. The City Engineer shall schedule a hearing on the matter to be conducted before the City Council at which time the operator may present any relevant evidence on the issue of abandonment. The City Council may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the City Council shall be final.

• C. Any wireless communications facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by herein, following its final determination of abandonment, shall be in violation of this Chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law.

• D. Failure to inform the City Engineer of cessation of operations of any existing facility shall constitute a violation of the site plan approval and be grounds for:

  1. Prosecution;

  2. Revocation or modification of the site plan approval;

  3. Calling of any bond or other assurance required by this Chapter; and/or

  4. Removal of the facilities.

E.

Any FCC-licensed communications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the City Engineer and request transfer of the existing site plan approval. The City Engineer may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing site plan approval 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 Federal Communications Commission and the California Public Utilities Commission. If the City Engineer determines that the proposed operation is not consistent with the existing site plan approval, he/she shall notify the applicant who may revise the application or apply for modification to the site plan approval pursuant to the requirements of this Code. (Ord. No. 328-U, § 1, 9-22-09; Ord. No. 328, § 1, 11-9-09)