Division 16 — WIRELESS COMMUNICATION FACILITIES

(A) The purpose of this division is to provide standards governing the installation of towers, antennae, and other wireless communications facilities to greatly reduce or eliminate any adverse economic, safety or aesthetic impacts on neighboring property owners and the entire city.

(B) Specifically, the purpose of this division is to:

(1) Permit towers to be located only in non-residential areas and minimize the total number of towers throughout the city;

(2) Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(3) Encourage the location of towers and antennae in areas where any adverse impacts on the city are minimal;

• (4) Encourage the configuration of towers and antennae to minimize adverse visual impacts through careful design (such as the use of stealth facilities), siting, landscape screening, and other camouflaging techniques;

• (5) Expand the availability of quick, effective and efficient wireless communications services in the city;

• (6) Consider any potentially adverse effects that wireless communications towers have on health and safety; and

• (7) Use careful design and siting of towers to avoid damage to adjacent properties.

• (`64 Code, Sec. 34-230) (Ord. No. 2449)

This division shall not apply to antennae and wireless communication facilities under 70 feet in height that are owned and operated by a federally-licensed amateur radio station.

(`64 Code, Sec. 34-231) (Ord. No. 2449)

(A) ALTERNATIVE WIRELESS COMMUNICATIONS FACILITY - Mounting structures, including man-made trees, clock towers, bell steeples, light poles, and similar structures designed to camouflage or conceal the presence of antennae or towers.

(B) ANTENNA - A device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

(C) ANTENNA ARRAY - One or more rods, panels, whips, dishes or similar devices used for the transmission or reception of radio frequency signals.

(D) ATTACHED FACILITY - An antenna array or equipment facility attached to an existing building or structure, located either inside or outside of the building or structure.

(E) CELL SITE - A geographical area with a typical radius of ½ mile to five miles, containing both transmitting and receiving antennae.

(F) CELLULAR - Analog or digital wireless communications technology based on systems of interconnected neighboring cell sites.

(G) CO-LOCATION - The locating of antennae from more than one provider on a single building- mounted, roofmounted wireless communication facility.

(H) ELECTROMAGNETIC FIELD - The local electric and magnetic fields that envelop the surrounding space, as by the movement and consumption of electric power by transmission lines, household appliances and lighting.

(I) EQUIPMENT FACILITY - A structure containing ancillary equipment for a wireless communications facility, including cabinets, shelters, and similar structures.

• (J) FAA - The Federal Aviation Agency.

• (K) FCC - The Federal Communications Commission.

• (L) LATTICE TOWER - A multi-sided, open, metal frame tower.

• (M) MANAGER - The city's planning and environmental services manager.

• (N) MICRO-CELL FACILITY - A wireless communications facility consisting of not more than four antennae per site, each with dimensions no greater than two feet by two feet (typically mounted on existing structures or utility

poles) or one foot by four feet; provided, however, that cylindrical antennae less than six inches in diameter that transmit and receive signals in 360 degrees may be no greater than five feet in height.

• (O) MONOPOLE - A single pole wireless communications facility.

• (P) DIVISION - The city's planning and environmental services division.

(Q) RADIO FREQUENCY RADIATION - Electromagnetic radiation in the portion of the spectrum from 3 kHz (kilohertz) to 300 GHz (gigahertz).

(R) REVIEWING AUTHORITY - The person or body designated by the code or city regulations to decide applications for antennae, equipment facilities and wireless communication facilities, or matters related thereto, or appeals from such decisions.

(S) SCENIC HIGHWAY - A road, street, highway or freeway designated as a scenic highway in the open space/conservation element of the city's general plan.

(T) STEALTH FACILITY - A wireless communications facility designed to blend into the surrounding environment, typically architecturally integrated into a building or other concealing structure, also called an “alternative wireless communications facility.”

(U) TOWER - A structure higher than its diameter and high relative to its surroundings, free-standing or attached to another structure, of skeleton framework or enclosed, that is erected primarily for the purpose of supporting one or more antennae for wireless communications facilities.

(V) WIRELESS COMMUNICATIONS - Personal wireless services as defined in the Telecommunications Act of 1996, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.

(W) WIRELESS COMMUNICATIONS FACILITY - A structure, including a tower, pole, monopole, lattice tower, water tower, building or other structure, that supports antennae and related equipment that sends or receives radio frequency signals.

(`64 Code, Sec. 34-232) (Ord. No. 2449)

(A) In general - Wireless communications facilities shall not be constructed, installed, or maintained before approval is granted by the manager or a special use permit is issued, as set out in this section. Applicants are encouraged to submit a single application for multiple wireless communications facilities.

(B) Approval by manager - Within the time period and with such public notice as is prescribed by State law, the manager shall approve or conditionally approve applications for the following wireless communications facilities that comply with all of the development standards of this division and the zone in which such facilities are to be located.

• (1) A stealth facility not located in a residential zone;

• (2) A stealth facility within 500 feet of a scenic highway;

• (3) An attached or roof-mounted wireless communications facility that is more than 500 feet from a scenic highway;

• (4) A co-located wireless communications facility that is more than 200 feet from a scenic highway;

• (5) A wireless communications facility on property owned, leased, or otherwise controlled by the city; and

• (6) A micro-cell facility within a public right-of-way or utility easement.

• (C) Denial by manager; appeal - If an application to the manager for wireless communications facilities does not

meet the standards set out in subsection (B) above, the manager shall deny the application in writing, stating the basis for denial. Within ten days of the manager's denial of an application for wireless communications facilities, the applicant may appeal the manager's decision to the commission by filing with the secretary of the commission a written notice of appeal, stating the reasons that the applicant believes the manager's decision to be incorrect. The secretary of the commission shall set the date of hearing on the appeal for not less than 21 or more than 30 days from the date of filing the appeal and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code, Section 65091. Not more than 30 days following the termination of the hearing on the appeal, the commission shall

adopt a resolution granting or denying the appeal. The decision of the commission shall be final and not subject to further administrative appeal.

• (D) Issuance of special use permit - A special use permit issued pursuant to sections 16-530 to 16-553 is required for the following wireless communications facilities:

• (1) A wireless communications facility in a residential zone;

(2) A non-stealth facility in a commercial, manufacturing, business and research park, or central business district zone;

• (3) A wireless communications facility with an individual support tower (e.g., monopole or lattice tower);

(4) A non-stealth facility within 500 feet of a scenic highway, when the facility is significantly screened;

(5) An attached facility within 500 feet of a scenic highway or a co-located wireless communications facility on an existing tower within 200 feet of a scenic highway;

(6) A wireless communications facility that does not comply with all of the development standards of this article or the zone in which such facility is to be located, but that can be conditioned to eliminate potential impacts or reduce potential impacts to an acceptable level through the issuance of a special use permit in conformance with this article. (7) A wireless communications facility within a Southern California Edison (SCE) substation, whether or not located within 500 feet from a scenic highway, as long as the substation contains existing SCE poles at least as tall as one-half the height of the proposed wireless communications facility and such facility is unobtrusively integrated into the substation design.

(E) Issuance of master special use permit - In order for the city to control cumulative development of wireless communications facilities on a parcel, a master special use permit issued pursuant to sections 16-530 to 16-553 is required when an additional wireless communications facility is proposed on a parcel that already has one or more such facilities. The applicant for the master special use permit shall be the property owner, not a lessee; however, a lessee may act as the property owner's agent.

(F) Information for special use permit or manager's approval - The application for a special use permit or for the manager's approval shall require the following information. If the application is for the manager's approval, the manager, in his or her discretion, may waive items of information.

• (1) Site information -

(a) A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including that of any adjacent municipality or the county), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, fencing and other information required by the manager;

(b) A complete description of the site, including what telecommunications objectives the proposed wireless communications facility will implement, such as coverage areas and system capacity;

• (c) A legal description of the boundaries of the site and the legal parcel;

(d) A map showing the location of the nearest habitable structure, if closer than 1,000 feet, and the distance from the proposed wireless communications facility to the structure;

(e) A map showing the distance of the proposed wireless communications facility from other facilities and the type of construction of existing wireless communications facilities; and

(f) A map and a description of on-site and adjacent scenic areas (including scenic highways), habitat resources, water bodies, and significant vegetation.

• (2) Electromagnetic frequency information -

(a) A report prepared by a radio frequency engineer approved by the manager, showing that radio frequency radiation/electromagnetic frequency emitted by the proposed wireless communications facility will conform to the

safety standards adopted by the FCC.

(b) The manager shall waive the foregoing report if the applicant submits evidence satisfactory to the manager that the proposed wireless communications facility meets the environmental evaluation exemption standards set out in Title 47 of the Code of Federal Regulations.

(3) Co-location information - The applicant shall demonstrate that the applicant has made reasonable efforts to colocate the proposed wireless communications facility in accordance with sections 16-489. The applicant shall provide:

(a) A written summary of all efforts to co-locate the proposed wireless communications facility with an existing such facility, either on the same property or in the general vicinity, including copies of requests for co-location to existing carriers and any responses received;

(b) If an existing wireless communications facility is not proposed for co-location, a letter explaining why such facility is not suitable for co-location, including factors such as lack of existing towers in the area, topography, frequency interference, line of sight problems, available land, and zoning restrictions; and

(c) A statement as to whether construction of the proposed wireless communications facility will accommodate co-location of additional antennae for future users.

• (4) Visual impact information -

(a) Photographs or computer enhanced representations of the project site “before” and “after” installation, showing the proposed tower and antennae and any landscaping or screening proposed to lessen the visual impact of the wireless communications facility;

(b) If the site is visible from a scenic highway, a residential neighborhood, or a public hiking trail, the photographs or computer enhanced representations shall show the site from those points of view. If the photographs or computer enhanced representations show multiple viewpoints, the applicant shall also provide an index map and key for identification.

(c) The color proposed for the tower and the reasons why that color is best for the proposed location;

(d) A landscape plan designed to screen the proposed wireless communications facility to the maximum extent feasible, or statement of reasons why landscaping is not necessary or feasible;

(e) Additional information, maps, drawings, as required by the manager, designed to show that the proposed wireless communications facility meets the intent of the city's general plan and scenic resource protection goals and policies.

(5) Capacity information - Information on the total antenna capacity for the proposed tower and any other proposed structures.

(6) Statement of intent - A statement of intent regarding the establishment of utilities and services, such as electricity.

(7) Evidence - Evidence that the parcel for the proposed site was legally created.

(8) Access proof required - A title report or other document demonstrating that the applicant has legal access to the proposed site.

(9) Lease agreement - An agreement to lease space on the proposed support structure to other users.

(10) Failure characteristics - Documentation that identifies failure characteristics of the tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.

(11) Notification proof required - Evidence that the applicant has notified all wireless communications service providers of the applicant's plans to develop the proposed wireless communications facility.

(12) Operating license - Evidence that the applicant has a current operating license from the FCC.

(G) Additional information for master special use permit - The application for a master special use permit shall require the following information, as well as the information required for a special use permit:

(1) A plot plan of the proposed master special use permit boundary, showing all existing and proposed wireless communications facilities, any additional area needed to provide required landscaping or screening for such facilities, and the boundaries of individual lease areas; and

(2) Elevations and total build-out information for each tower.

(H) Fees - No application for wireless communications facilities or appeal from decisions of the manager or the commission concerning such applications shall be accepted unless accompanied by a fee in the amount set by resolution of the city council.

(I) Expiration and reapplication -

(1) Any approval by the manager or special use permit or master special use permit granted for stealth, micro-cell or significantly screened wireless communications facilities, or wireless communications facilities located in SCE substations, that become more prominent or visible because of a change in the support structure, screening, surrounding structures or landscape, shall be deemed to expire on 90 days' written notice from the manager to the wireless communications facilities provider, provided, however, that the manager may extend the period of expiration as set out in subdivision (2) of this subsection. Examples of such situations include, but are not limited to, the removal of vegetation that formerly screened such facilities; the removal or deterioration of a structure that formerly screened such facilities; and the removal of an SCE substation or the undergrounding of utilities in an SCE substation in which such facilities are located.

iration as set out in subdivision (2) of this subsection. Examples of such situations include, but are not limited to, the removal of vegetation that formerly screened such facilities; the removal or deterioration of a structure that formerly screened such facilities; and the removal of an SCE substation or the undergrounding of utilities in an SCE substation in which such facilities are located.

(2) Such notice shall identify the location of the wireless communications facilities and the change that rendered such facilities more prominent or visible. Such notice shall state that the wireless communications provider shall reduce such prominence or visibility by taking action as described by the manager, to be completed to the satisfaction of the manager within 90 days of the date of the notice or the approval or special use permit or master special use permit shall expire 90 days from the date of the notice. Alternatively, the notice shall state that no action can be taken to sufficiently reduce such prominence or visibility, and shall require the wireless communications provider to remove the wireless communications facilities within 90 days of the date of notice. The manager may extend any such 90-day period for a reasonable time if the manager determines that the wireless communications provider is exercising due diligence to take the required action and reasonably requires more time to complete the required action.

(3) If the wireless communications provider does not appeal the issuance of such notice and attempts to comply with the notice by taking the action specified by the manager to reduce the prominence or visibility of the wireless communications facilities, and the manager is not satisfied with such attempts, the manager shall give written notice to the wireless communications provider of additional corrective action that must be completed within a specified time. In the alternative, or after such additional corrective action has been attempted, the manager may give written notice to the wireless communications provider that such attempts are unsatisfactory and that the approval, special use permit or master special use permit has expired or will expire at the time stated in the original notice.

(4) Within ten days of the manager's issuance of a notice under this subsection (I), the wireless communications provider may appeal to the commission as provided in subsection 16-488(C) or may file a new application for the wireless communications facilities on a basis other than stealth, micro-cell or significantly screened facilities. The expiration of the approval or special use permit or master special use permit shall be stayed pending the commission's decision on the appeal or the manager's or commission's decision on the new application.

(5) On or before expiration of an approval, special use permit or master special use permit under this subsection (I), the wireless communications provider, at such provider's expense, shall remove the wireless communications facilities.

(`64 Code, Sec. 34-233) (Ord. No. 2449, 2539)

(A) Wireless communications providers are encouraged to construct and site their wireless communications facilities with a view towards sharing such facilities with other providers, to co-locate with existing wireless communications facilities, and to accommodate the future co-location of other wireless communications facilities.

(B) City staff shall work with wireless communications providers to facilitate the siting of wireless communications facilities on publicly owned property, by identifying existing wireless communications facilities, the appropriate contact persons, and the appropriate procedures.

(C) Wireless communications providers proposing a new wireless communications facility having a support structure shall demonstrate that a reasonable attempt was made to find a co-location site meeting engineering standards and that none was practically or economically feasible. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1) No existing towers located within the geographic area meet applicant's engineering requirements.

(2) Existing towers are not of sufficient height to meet applicant's engineering requirements.

(3) Existing towers do not have sufficient structural strength to support applicant's proposed antennae and related equipment, or cannot be reinforced or modified to accommodate applicant's proposed antennae and related equipment at a reasonable cost.

(4) Applicant's proposed antennae would cause electromagnetic interference with antennae on existing towers, or antennae on existing towers would cause interference with applicant's proposed antennae.

(5) Fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6) There are other limiting factors that render existing towers unsuitable.

(D) Wherever feasible, wireless communication facilities and antennae shall be co-located on existing towers. Written documentation shall be presented to the manager that the owner of the property where the wireless communication facility is to be located has agreed to this requirement. This subsection shall not apply to stealth antennae.

(E) Wireless communication facility owners shall not exclude other related wireless communications services from co-locating on the same tower if the tower is structurally and technically able to support such services.

(F) Wherever feasible, transmitting and receiving equipment serving similar kinds of uses shall be placed on the same wireless communication facility so that all users with similar equipment can operate approximately equally. (`64 Code, Sec. 34-234) (Ord. No. 2449)

(A) Principal or accessory use - Antennae and towers may be allowed as either principal or accessory uses.

(B) Parcel size - For purposes of determining whether the installation of towers or antennae complies with zone development standards, such as setbacks and lot coverage, the dimensions of the entire parcel shall control, even though the antennae or towers may be located on separate leased parcels within the entire parcel.

(C) State and federal requirements - Wireless communications facilities shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or federal government with the authority to regulate wireless communications facilities. If such standards or regulations change, the owners of wireless communications facilities governed by this article shall bring wireless communications facilities into compliance with the revised standards or regulations within six months of the effective date of the revision, unless a different compliance schedule is required by the controlling agency. Failure to bring wireless communications facilities into compliance with the revised standards or regulations shall constitute grounds for the city to remove such facilities at the owner's expense.

(`64 Code, Sec. 34-235) (Ord. No. 2449)

(A) Every wireless communications facility shall be placed, operated and maintained in a manner that fully complies with current regulations of the FCC governing radio frequency emissions.

(B) All wireless communications facilities shall meet the minimum siting distances to habitable structures required for compliance with FCC regulations and standards governing the environmental effects of radio frequency emissions. (C) New or existing wireless communications facilities shall not interfere with public safety telecommunications or private use telecommunication devices.

(`64 Code, Sec. 34-236) (Ord. No. 2449)

(A) Height - The maximum height of wireless communications facilities shall not exceed the height limitations of the zone in which such facilities are located; provided, however, that wireless communications facilities mounted on an existing structure that exceeds the height limit of the zone, may be as high as the structure. In the C-2, BRP, C-M and M-L zones, whether or not such zones are in a planned development zone, the height limitation shall be the basic height limitation for the zone before any adjustment thereof by the commission, as allowed by the portions of the code applicable to such zones, unless the commission grants additional height on the grounds and conditions stated in such portions of the code and in sections 16-530, 16-531, and 16-532. Height shall be measured as the vertical distance from the grade at the base of the wireless communications facility to the top of the wireless communications facility or, in the case of a roof-mounted wireless communications facility, from the grade directly below the exterior base of the building to the highest point of the wireless communications facility. Antennae and other projections from the wireless communications facility shall be included in the measurement of height. Exceptions to height limitations may be granted as provided in section 16-497. Exceptions to height limitations for top structures and freestanding structures that conceal antennae, but not for antennae not so concealed, may be granted in conformance with the provisions of this code.

(B) Setbacks -

(1) Towers - Towers and all components thereof and attachments thereto shall comply with the setback requirements for the zone in which they are located.

(2) Attached wireless communications facilities - An attached wireless communications facility antenna array may extend up to five feet horizontally beyond the edge of the attachment structure, regardless of setback requirements, provided that the antenna array does not encroach into an adjoining parcel or public right-of-way. (C) Separation -

(1) Separation from residential property - In granting a special use permit or master special use permit, the commission shall require towers to be placed far enough from residentially zoned property to adequately mitigate visual impacts. Tower separation shall be measured from the base of the tower to the lot line of the residentially zoned property. No separation is required for stealth facilities.

(2) Separation distances between towers - Towers shall be separated from each other by at least 5,000 feet, as measured along a straight line between the base of the existing tower and the base of the proposed tower. No separation is required between stealth facilities, significantly screened facilities or any combination thereof. (D) Location -

(1) General requirement - Wireless communications facilities shall be located to minimize their impact. Whenever possible, ground-mounted, non-stealth facilities shall be located next to existing trees, light poles or utility

poles of comparable height, provided that such light poles and utility poles are not scheduled to be placed under ground and comply with the setbacks for the zone.

• (2) Order of preference - Applicants shall propose antennae in the following order:

• (a) Side-mounted antennae on existing structures;

• (b) Antennae with appropriate visual or architectural screening atop existing structures;

• (c) Antennae within existing signs; and

• (d) Antennae on monopoles.

(3) Restricted locations - Wireless communications facilities shall not be established in any of the following locations, except for stealth, significantly screened and micro-cell facilities determined by the reviewing authority to be integrated with or screened by a non-antenna support structure (such as a street light, utility pole, building or landscape feature), so that such facilities will be substantially indistinguishable from their support structures:

• (a) Within any residential zone, unless the parcel on which the wireless communications facility is proposed to be located is owned by a public utility or a public agency;

• (b) Within any nonresidential zone on a site that contains a legally established residential use;

• (c) Within 500 feet of a scenic highway;

• (d) On any property that the city council has designated as a significant heritage feature;

• (E) Landscaping and screening:

• (1) Wireless communications facilities shall be landscaped and screened to comply with the requirements of the zone and any specific plan area in which they are located.

• (2) Existing mature trees and natural land forms on the site shall be preserved to the extent feasible. Vegetation that causes interference with antennae or inhibits access to an equipment facility may be trimmed.

• (3) Existing on-site vegetation may be used in lieu of other landscaping when approved by the manager.

• (F) Wireless communications facilities shall be designed and maintained as follows:

• (1) In general -

• (a) Wireless communication facilities and accessory equipment shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area.

(b) Wireless communications facilities located 500 feet or less from a scenic highway shall be of stealth design to preserve the scenic resources and character of the city. Wireless communications facilities over 500 feet and less than 1,000 feet from a scenic highway shall be significantly screened, as determined by the manager.

(c) Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.

(2) Towers - Towers shall have either a galvanized steel finish or, subject to FAA standards, be painted a neutral color to reduce visibility.

• (3) Equipment facilities -

• (a) Accessory equipment shall be located within a building, structure, enclosure or underground vault.

• (b) Equipment facilities located 500 feet or less from a scenic highway shall be screened from view by an evergreen hedge with an ultimate height of at least six feet and a planted height of at least 36 inches.

(4) Rights-of-way - All wireless communications facilities located within street or road rights-of-way shall be either a micro-cell facilities mounted on an existing utility pole or stealth facilities; provided, however, that micro-cell facilities may not be mounted on utility poles or other structures in rights-of-way where utilities are scheduled to be placed under ground. In such locations, wireless communications facilities shall be removed at the owner's expense, as set out in section 16-494.

(G) Wireless communications facilities shall not be artificially lighted, unless required by the FAA or other applicable authority. Equipment facilities may have security and safety lighting that is appropriately shielded to keep

light within the boundaries of the site.

(H) Wireless communications facilities may be enclosed by a security fence and may be equipped with an appropriate anti-climbing device. Identification signs, including the emergency phone numbers of the cellular service provider, shall be posted at all equipment facilities and towers.

(I) The FCC has jurisdiction over the regulation of radio frequency emissions. As part of the application for wireless communications facilities, applicants shall provide all information provided to the FCC concerning the projected power density of such facilities and their compliance with FCC standards.

(J) Towers to which one or more antennae are attached as of the date of adoption of this article are subject to the following standards:

(1) Type of antenna - A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless a change is approved by the reviewing authority.

• (2) Height -

(a) An existing tower may be modified or rebuilt to a greater height, not to exceed 16 feet over the allowed height for the zone, to accommodate the co-location of an additional antenna. The height change may occur only once per tower. Height shall be measured as described in subsection 16-492(A).

(b) A change in height shall not require additional distance separation. The tower's pre-modification height shall be used to calculate required distance separations.

• (3) On-site location -

• (a) A tower that is being rebuilt to accommodate the co-location of an additional antenna may be moved on the same site within 50 feet of its existing location. Only one tower shall remain on the site.

• (b) A tower that is relocated on the same site shall continue to be measured from the original tower location for purposes of calculating separation distances between towers.

• (K) Antennae attached to structures -

(1) Attached antennae shall be designed to be compatible and blend with the architecture, colors, and materials of the structures to which they are attached.

• (2) Attached antennae shall be located to minimize their visibility from public streets and residential areas.

Special screening devices may be required or approved by the reviewing authority.

(3) Equipment facilities associated with attached antennae shall be screened from public view. (`64 Code, Sec. 34-237) (Ord. No. 2449, 2539)

A wireless communications facility that has not operated for six continuous months shall be considered abandoned, and the owner shall remove such facility at the owner's expense within 90 days of notice from the manager. If the wireless communications facility is not removed within 90 days, the city may remove such facility at the owner's expense. If there are two or more users of a single wireless communications facility, this provision shall not become effective until all users cease using such facility for six continuous months. (`64 Code, Sec. 34-238) (Ord. No. 2449)

A wireless communications facility that is located within any utility right-of-way where undergrounding of utilities is scheduled to occur, shall be removed at the owner's expense within 90 days of notice from the city. If the wireless communications facility is not removed within 90 days, the city may remove such facility at the owner's expense. (`64 Code, Sec. 34-239) (Ord. No. 2449)

Wireless communications facilities that existed on January 13, 1998 and that do not comply with the requirements of this division (“nonconforming facilities”) are subject to the following standards:

• (A) Nonconforming facilities may continue in use, but shall not be expanded without compliance with this article.

• (B) Nonconforming facilities may add additional antennae on approval of the manager.

(C) Nonconforming towers may be maintained or replaced with a new tower of similar construction and height; provided, however, that such replacement or other construction, other than routine maintenance, shall comply with the requirements of this division.

(D) With the exception of abandoned nonconforming facilities, nonconforming facilities that are damaged or destroyed may be repaired and rebuilt. The type, location and physical dimensions of the rebuilt facility shall be the same as the original facility. Building codes in effect at the time of repair or rebuilding shall apply thereto. The applicant shall obtain building permits within 180 days from the date the facility was damaged or destroyed. If no permit is so obtained or if the permit expires before the repair or rebuilding is completed, the nonconforming facility shall be deemed abandoned.

(E) Without conforming to the provisions of this division, a nonconforming facility may be replaced, repaired, rebuilt or expanded in order to improve the structural integrity of such facility, allow such facility to accommodate colocated antennae or facilities, or upgrade such facility to current engineering, technological or communications standards, as long as the nonconforming facility is not increased in height by more than ten percent and setbacks are not decreased.

(`64 Code, Sec. 34-240) (Ord. No. 2449)

(A) Minor modifications - The manager may approve minor modifications to existing wireless communications facilities. Minor modifications include the following:

(1) An increase of up to ten feet above the height limit of the applicable zone in order to accommodate colocation or an attached facility; or

(2) A decrease of up to ten percent in setbacks or separation requirements.

(B) Major modifications - Major modifications to wireless communications facilities shall require issuance of a special use permit in accordance with sections 16-530 to 16-533. Major modifications are any modifications that exceed the definition of minor modifications or that are not listed as minor modifications. (`64 Code, Sec. 34-241) (Ord. No. 2449)

In granting a special use permit or a master special use permit pursuant to this article, the commission may modify the development standards of this article and of the zone in which the wireless communications facilities are to be located, if the commission finds that such modifications are consistent with the goals, principles and standards of the general plan and other adopted city policies and with the public welfare; provided, however, that the commission may modify numerical standards, such as setbacks, height and separation distances, by no more than 25%, except in the C- 2, BRP, C-M and M-L zones, whether or not such zones are in a planned development zone, as provided in section 16492(A).

(`64 Code, Sec. 34-242) (Ord. No. 2449, 2539)

Within 90 days of commencement of operations of a wireless communications facility, the operator of such facility shall provide to the program a report prepared by a qualified engineer, verifying that the operation of such facility is in compliance with the standards established by the American National Standards Institute and the Institute of Electrical and Electronic Engineers for safe human exposure to electromagnetic fields and radio frequency radiation. (`64 Code, Sec. 34-243) (Ord. No. 2449)

Violation of any provision of this division is a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. The penalty for a misdemeanor is a fine not to exceed $500 or imprisonment for a term not to exceed six months, or both such fine and imprisonment.

(`64 Code, Sec. 34-244) (Ord. No. 2449)