Chapter 17.76 — WIRELESS COMMUNICATION FACILITIES

It is the purpose and intent of this chapter to establish development standards for regulating the placement and design of commercial wireless telecommunication facilities in order to preserve and to protect the visual character of Pinole from any adverse environmental effects of wireless telecommunication facilities; to ensure against the creation of visual blight on the city's major or minor ridgelines, protected areas, and view corridors as identified on the Visual resources map (Figure 10.4) of the general plan; to protect the environmental resources of the city; and to protect the citizens of Pinole from any possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation) to the extent permitted by the Federal Communication Commission (FCC). The city acknowledges the community benefit associated with the requirement of commercial wireless telecommunication services within the city and encourages the lease of publicly owned properties for the development of commercial wireless telecommunication facilities to the extent compatible with existing facilities. The regulations as set forth are consistent with federal and state law related to the development of commercial wireless telecommunication transmission facilities. (Ord. 2010-02 § 1 (part), 2010)

The regulations and standards contained in this chapter shall apply to all wireless telecommunication facilities on private and public property in the city, including public streets and alleys and property owned by any local, state, or federal government agency or political subdivision of such government entity, and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting). Wireless telecommunication facilities are permitted as listed in Article II. (Zoning Districts, Allowed Uses, and Development Standards), subject to compliance with the standards of this chapter and other relevant requirements of this title. Permitted wireless telecommunication facilities are also identified for each zoning district in Table 17.20.030-1 (Allowed Uses and Permit Requirements for City of Pinole Base Zoning Districts). (Ord. 2010-02 § 1 (part), 2010)

A. Conditional Use Permit Requirements and Exceptions. Except as otherwise outlined below, a conditional use permit as established by Section 17.12.140 (Conditional Use Permit) is required for all wireless communication facilities. Also see Section 17.76.040 (Exemptions) for specific exemptions.

1. In order to ensure compliance with the requirements of 47 U.S.C. section 332(c)(7)(B), an applicant that believes that the city's prohibition of wireless telecommunications facilities in particular zoning districts or any of the standards in this chapter either

a. Unreasonably discriminate among providers or functionally equivalent services; or

b. Prohibit or have the effect of prohibiting the requirement of personal wireless services, may apply for a conditional use permit. In order for such permit to be granted, the decision maker must find, in addition to all other required findings for the granting of a conditional use permit, that substantial evidence in the written record establishes that either of the above stated criteria is met.

2. Collocation. Administrative review and approval may be available, so long as a collocation facility satisfies all requirements set forth in Section 65850.6 of the California Government Code.

B. Public Hearing and Public Notice. A public hearing shall be held and public noticing conducted as established in Section 17.10.050 (Public Hearing and Public Notice), except that public notice shall be given to all property owners within five hundred (500) feet of the property of the proposed wireless telecommunication facility, instead of only providing notice to property owners within three hundred (300) feet, as normally required by Section 17.10.050 (Public Hearing and Public Notice).

C. Financial Guarantee. Prior to constructing a new wireless telecommunication facility, or prior to renewing a conditional use permit for an existing wireless telecommunication facility, the applicant or permittee shall provide a financial guarantee that shall be indexed annually for inflation in an amount, satisfactory to the designated approving authority, for the removal of the facility, based on the estimated cost to remove the facility in the event the use is abandoned or the conditional use permit expires, or is revoked, or otherwise terminated. The amount of the guarantee per freestanding tower may be reduced or eliminated if the applicant has more than one (1) wireless telecommunication facility in the city. If the owner or lessee does not remove any obsolete or unused facilities, as described above, the financial guarantee shall be used by the city to remove any obsolete or unused facilities and to return the site to its predevelopment conditions. Any unused financial guarantee shall be returned to the applicant upon removal of the wireless telecommunication facility or transfer of the lease accompanied by a financial guarantee from the new lessee or owner.

ed facilities, as described above, the financial guarantee shall be used by the city to remove any obsolete or unused facilities and to return the site to its predevelopment conditions. Any unused financial guarantee shall be returned to the applicant upon removal of the wireless telecommunication facility or transfer of the lease accompanied by a financial guarantee from the new lessee or owner.

D. Conditions of Approval. The designated approving authority may impose conditions of approval as described in Section 17.12.140 (Conditional Use Permit), including but not limited to, requiring modifications to the site.

E. Requirements and Allowances Upon Approval.

1. Written proof of the availability of the necessary water supply to sustain any landscaping required for visual screening prior to permit issuance. This may be in the form of a letter from the landowner of the land allowing the applicant the use of required water facilities for landscaping installed improvements in the area.

2. Minor modifications to the approved equipment design, location, elevations, and other elements of the approved wireless telecommunication facilities may be allowed by the Community Development Director if such modifications are in keeping with the architectural statement and layout design of the original approval.

F. Ongoing Public Hearings Required. All permit approvals for commercial wireless telecommunication facilities are subject to a public hearing every five (5) years to demonstrate continuing compliance with the conditions of approval. When reviewing existing facilities for renewal, the designated approving authority of the original entitlement shall determine whether substantial progress has been made in decreasing the visibility of these facilities. At the time of each five (5)-year review, modifications and new and/or revised conditions of approval may be made to the original conditional use permit if technology has advanced to the point where the wireless telecommunication facilities can be made safer or less visually obtrusive or to conform to other similar wireless telecommunication facilities that are currently being installed or are located in California at the time of entitlement review. These reviews shall include photo documentation of existing conditions and equipment for comparison with past conditions, to facilitate policy goals related to minimizing site disturbance and visibility, and justify the need for the range of equipment. Additional equipment shall only be allowed where the cumulative visual impacts are decreased through replacement with smaller equipment or additional mitigation to decrease visibility. (Ord. 2010-02 § 1 (part), 2010)

The following wireless communication facilities are exempt from the requirements of this chapter as specified below, except that wireless communication facilities are subject to compliance with other requirements of this title.

A. A wireless communication facility shall be exempt from the requirements of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provide that the antenna is exempt from local regulation. Such facilities include, but are not limited to, television antennas on residential buildings.

B. Satellite earth station (SES) antennas, which are two (2) meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any non-residential zoning district. To avoid the creation of a nuisance and to reduce accidental tripping hazards and maximize stability of the SES antenna, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

C. Parabolic antennas, direct broadcast satellite (DBS) antennas, which are one (1) meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.

D. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit requirements of this chapter in compliance with the following standards:

1. Height limits. Amateur radio antennas in any district may extend to a maximum height of seventy-five (75) feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted building height of the applicable zoning district when not in operation.

2. Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five (5) feet from interior property lines.

3. Tower safety. All antennas shall be located within in an enclosed fenced area or have a minimum five (5)-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight (8) feet.

E. Satellite antennas used or designed for receiving or transmitting electronic signals to or from orbiting earth satellites that comply with the following standards. Exceptions to these requirements may be granted by the designated approving authority upon the issuance of a conditional use permit as provided by Section 17.12.140 (Conditional Use Permit).

1. Dimensions of the satellite antenna shall be no greater than 18 inches in dimensions.

2. Satellite antennas greater than eighteen (18) inches dimension in compliance with the following.

a. A setback equal to the height of the antenna or the setback that applies to the principal structure, whichever is greater, shall be maintained between any property lines and any part of the antenna. In addition, installation shall be prohibited between any street and principal building on the site, except as provided below.

• b. In any case where a lot backs up to a public right-of-way or private street, a setback of fifteen (15) feet shall be maintained between the rear property line and any portion of the antenna.

• c. Maximum height of the antenna shall be fifteen (15) feet measured from the finish grade immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

• d. All wires and/or cable necessary for the operation of the antenna or reception of the signal shall be placed underground excepting those wires or cables attached flush with the surface of a building.

• e. Antennas installed with the use of guy wires are prohibited.

• f. Highly reflective surface or colors shall not be used on any such antenna.

• g. Additional attention and evaluation may be needed to assure that antennas proposed for property locations in hillside areas are installed in locations which are least visible from areas off-site.

• h. No more than one (1) antenna shall be installed on any parcel.

• i. Installation shall be prohibited on the roof of any structure on the parcel except in non-residential zoning districts where the antenna is screened from view from adjacent parcels and rights-of-way.

j. No antenna which exceeds six (6) feet in height from the finish grade immediately below the antenna to the highest point of the antenna or any appurtenance attached thereto shall be erected on any parcel of land until a building permit for such antenna has been secured from the building department.

3. Emergency communication backup facilities.

4. Co-location on an existing wireless telecommunication facility. This co-location is allowed if the structure obtained a conditional use permit after January 1, 2007, and was subject to environmental review and a public hearing.

5. Any personal wireless telecommunication facility operated on land owned by the West Contra Costa County Unified School District (or any other special district), Contra Costa County, the State of California, or the federal government which are operated for public and not commercial purpose. (Ord. 2010-02 § 1 (part), 2010)

An application for the approval of a wireless telecommunication facility shall include the following information, in addition to all other information required by the city for a conditional use permit application as established in Section 17.12.140 (Conditional Use Permit):

• A. Site plan containing all information required by the city.

• B. All exterior elevations, scaled as appropriate for presentation.

• C. Samples of materials used for the wireless telecommunication facilities as required by the city, including but not limited to, roofing, siding, trim, windows, doors, and fences, as follows:

1. At least one (1) elevation should be in color.

2. Color samples and materials mounted on a board or rigid surface should be submitted.

• D. Plans showing the screening of all mechanical equipment, including but not limited to, gas meters, electric meters, and electric transformers.

• E. Landscaping plans as required by Chapter 17.44 (Landscaping), including proposals to establish and maintain maximum visual screening of unsightly public views of the wireless telecommunication facilities.

F. A master plan for all related facilities, either existing or proposed, within the city limits of Pinole and within one-quarter (1/4) mile of the proposed wireless telecommunication facility.

G. Visual simulations showing what the proposed facility would look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances to assist the approving authority and the public in assessing the visual impacts of the proposed facility and its compliance with the requirements of this chapter.

• H. For areas where antennas will be located on or mounted to a building, a mock-up of the proposed antenna must be installed at least ten (10) days before the hearing at which the application will be reviewed.

I. A preliminary report quantifying the project's radio frequency emissions and potential human exposure, the cumulative emissions of other facilities located on the same site and comparisons to current standards recommended by the Institute of Electrical and Electronic Engineers. Analysis must be based on the current FCC rules, regulations, and standards.

J. Alternative site analysis prepared by or on behalf of the applicant, subject to the approval of the approval of the Planning Commission which identifies all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed wireless telecommunication facility service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of the facilities necessary to provide the needed service to the city. The analysis shall address the potential for co-location and the potential to locate a facility as close the intended service area. It shall also explain the rationale

for the selection of the proposed site in view of the relative merits of any feasible alternative. The city may require independent verification of this analysis at the applicant's expense.

K. A United States Geological Survey (USGS) topographic map or survey with existing topographic contours showing the proposed wireless telecommunication facilities, accessory structures, new roads, and the surrounding area extending at least 150 feet beyond any proposed towers and at least fifty (50) feet beyond other proposed wireless telecommunication facilities.

L. The number, type, and dimensions of antennas and equipment cabinets and structures proposed for use by the applicant and a map identifying all existing wireless telecommunication facilities within a three thousand (3,000)-foot radius of the proposed wireless telecommunication facility.

M. A map showing how the proposed wireless telecommunication facilities fit within the network of the applicant's existing and proposed antenna sites within three thousand (3,000) feet of the project vicinity.

• N. A statement including the following:

1. The intent to design the facility to allow for co-location;

2. The power rating for all wireless telecommunication facilities and all backup equipment proposed with the first application;

3. A description of the system, including the number of antennas, and associated related equipment that conform to the radio-frequency exposure standards adopted by the FCC and VAII that will operate within the frequency assigned by the FCC;

4. Assurance that the operation of the facility, in addition to ambient radio-frequency exposure levels, will not exceed adopted FCC standards with regard to human exposure in “uncontrolled areas” (i.e., areas subject to general public exposure, as defined by the National Council on Radiation Exposure Prevention) or the then applicable FCC standards;

5. A statement that demonstrates why a wireless telecommunication facility type with a lesser adverse visual impact is not feasible. O. Evidence in the form of a license or construction permit from the FCC and/or Federal Aviation Administration (FAA) that the FCC and/or FAA has accepted the applicant's certification that the facility meets the FCC and/or FAA standard or provide evidence that the FCC and/or FAA has categorically exempted the applicant from demonstrating compliance with the FCC and/or FAA standard. If a license or construction permit has not yet been obtained by the applicant, the furnishing of such FCC and/or FAA license or construction permit shall become a condition of approval for the conditional use permit.

eets the FCC and/or FAA standard or provide evidence that the FCC and/or FAA has categorically exempted the applicant from demonstrating compliance with the FCC and/or FAA standard. If a license or construction permit has not yet been obtained by the applicant, the furnishing of such FCC and/or FAA license or construction permit shall become a condition of approval for the conditional use permit.

P. A technical review by a licensed electrical engineer with experience in telecommunications, or qualified expert as approved by the Community Development Director, to determine if the proposed installation will create any electromagnetic interference with other facilities or uses in the area will be required. The Community Development Department may retain the services of a private-sector consultant for peer review and to provide professional recommendations to the Community Development Department. The applicant may be asked to describe the electromagnetic frequency needs of the wireless provider and to identify alternative sites which meet the applicant's telecommunications needs and can be readily or reasonably leased. The wireless provider will present its data and offer any additional information to Community Development Department staff regarding its electromagnetic frequency needs. The city shall take reasonable steps within the requirements of state law to assure strict confidentiality of any alternative site leasing information submitted by an applicant. When deemed necessary by Community Development Department staff, the wireless provider will also host information sessions for City staff and the City Council and Planning Commission. The cost of such reviews shall be paid by the applicant and deposited with the city as part of the application fee.

Q. When two (2) or more wireless telecommunication facilities operate in the same location, the carriers operating those facilities shall provide documentation of testing done by an electromagnetic field (EMF) expert to verify that the cumulative ELF levels conform to standards adopted by the FCC.

R. A list of the names, addresses, and types of users who will occupy the site.

S. In conjunction with application submittal once an application is schedule for a public hearing, applicants shall be required to construct a full-scale mock-up of a proposed facility, using materials and colors that resemble the actual facility for proposed ground-mounted facilities and roof-mounted facilities. The mock-up shall be installed ten (10) days prior to the scheduled public hearing date and left in place for a period of ten (10) days after the date of any final action taken on the project application. The notice of public hearing shall contain information about the location and placement of the mock-up structure. Additionally, all mock-up structures shall be removed by the applicant within one (1) month from the date of final action taken on the project application.

hearing date and left in place for a period of ten (10) days after the date of any final action taken on the project application. The notice of public hearing shall contain information about the location and placement of the mock-up structure. Additionally, all mock-up structures shall be removed by the applicant within one (1) month from the date of final action taken on the project application.

T. All applications and subsequent reviews shall include a list and photo documentation of transmission, reception, and other equipment initially proposed, justifying the need for the range of equipment. (Ord. 2010-02 § 1 (part), 2010)

A. General Development Standards. Unless otherwise exempt pursuant to Section 17.76.040 (Exemptions), the following general development standards shall apply to all wireless telecommunication facilities.

1. All wireless telecommunication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan and this code, as well as other standards and guidelines adopted by the city, and all applicable state and federal law.

2. All wireless telecommunication facilities shall comply at all times with the FCC rules, regulations, and standards, and any other applicable federal, state, or local laws or regulations.

3. Sufficient anti-climbing deterrents, including warning signs (ANSI Standards C95.2-1982 Warning Symbol), shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.

4. To minimize overall visual impact, all new wireless telecommunication facilities shall be co-located with existing facilities and with other planned facilities, whenever feasible. In addition, whenever feasible, service providers are encouraged to co-locate antennas with other facilities such as water tanks, light standards, utility poles, and other utility structures, where the co-location is found to minimize the overall visual impact. To facilitate co-location in appropriate cases, conditions of approval shall require all applicants to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site. The applicant shall agree, in writing, to allow future co-location of additional antennas and not to enter into a lease for the exclusive use of the site.

5. All wireless telecommunication facilities shall be located so as to minimize their visibility and utilize the latest technology available to minimize visual impacts.

6. Wireless telecommunication facilities shall be located, designed, and screened to blend with existing natural or built surroundings so as to reduce visual impacts of the technological requirements of the proposed wireless telecommunication facility and, in so far as possible, appear compatible with neighboring residences and the character of the community.

7. All related equipment shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts and placed in underground vaults whenever possible. All utilities (i.e., gas, electric, cable, phone, and water) shall be placed underground. 8. Building-mounted wireless telecommunication facilities are preferred to ground-mounted wireless telecommunication facilities. Development of wireless telecommunication facilities on vacant sites shall be temporary. When the site is developed, such facilities shall be removed and replaced with building-mounted wireless telecommunication facilities.

8. All wireless telecommunication facilities that are not mounted on existing structures shall comply with at least one (1) of the following:

a. Facilities shall be screened from the view of surrounding properties as much as possible and co-located with existing facilities or structures so as not to create substantial visual, noise, or thermal impacts;

b. Facilities shall be sited within areas with substantial screening by existing vegetation;

• c. Facilities shall be designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable;

d. Facilities shall be screened with additional trees and other native or adapted vegetation that shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is required to screen telecommunication facilities. Such landscaping, including irrigation, shall be installed and maintained by the applicant, as long as the entitlement is in effect; or

e. Existing on-site vegetation shall be preserved or improved and disturbance of the existing topography shall be minimized. Landscaping shall be required in informal natural-looking clusters in the vicinity of any wireless telecommunication facility, in addition to screening of the facility.

10. All proposed equipment cabinets/structures, accessory structures, and other related equipment shall be continuously maintained in good condition. This shall include keeping equipment cabinets and structures graffiti-free and maintaining all security fences and warning signs in good condition.

11. The display of signs or advertising on wireless telecommunication facilities is prohibited.

12. Exterior lighting shall not be allowed on commercial wireless telecommunication facilities except for that required for use of authorized persons on-site during hours of darkness or where the antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA antenna structure registration applicable to the facility.

13. Freestanding wireless telecommunication facilities shall not be located within the required setback of any residential development and shall be at least one-hundred (100) feet from a pre-existing residential use.

14. All freestanding wireless telecommunication facilities shall be designed at the minimum functional height required for the coverage area unless it is determined that additional height is needed for architectural reasons or is part of a city-approved plan to reduce the impact(s) of future installations.

15. In appropriate cases, the proposed wireless telecommunication facilities may be located on a city-owned or controlled property or within city rights-of-way, provided the appropriate applications are submitted, easements procured, and any other relevant procedures complied with.

B. Building-Mounted Antennas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be mounted or attached to an existing building shall be reviewed by the designated approving authority for compliance with the following:

1. Building-mounted antennas and any related equipment shall be in scale and architecturally integrated with building design in such a manner as to minimize the visual impact of the wireless telecommunication facilities. Screening designs may include locating the facility within attics, steeples, or towers, behind and below parapets, or concealed with an architecturally compatible addition to a building.

2. Colors and materials of the antennas should match the existing building when attached directly to the façade of a building. 3. Wireless telecommunication facilities and all related equipment shall be located to minimize visibility from public places. Any visible portion of equipment shall be painted or treated to be architecturally compatible with the surrounding buildings and/or shall be screened, using appropriate techniques to camouflage, disguise, and/or blend into the surrounding environment, as determined by the designated approving authority.

3. Antennas shall be flush-mounted and located below the roof line of the building. Antennas and related equipment shall not project beyond a maximum of eighteen (18) inches from the face of the building.

C. Roof-Mounted Antennas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be mounted or attached to the roof of an existing building shall be reviewed by the designated approving authority for compliance with the following.

1. All roof-mounted antennas and related equipment, other than antennas proposed to be located directly on the façade of a structure, shall be aesthetically compatible with and located as far away from the edge of the building as technically feasible as determined by the designated approving authority. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color.

2. Roof-mounted antennas shall not be allowed when they are to be placed in direct line of sight of scenic corridors or where they will significantly affect scenic vistas, unless the wireless telecommunication facilities incorporate appropriate techniques to camouflage, disguise, and/or blend them into the surrounding environment, as approved by the designated approving authority.

3. The height of roof-mounted antennas, including the support structure, shall not exceed fifteen (15) feet above the roof plate of the building to which they are attached.

4. Wireless telecommunication facilities and related equipment, if located on the rooftop of buildings, shall be located so as to be minimally visible from public places. If any portion of the equipment is visible, it shall be camouflaged or screened from view, to the fullest extent possible.

D. Ground-Mounted Antennas and Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be ground-mounted antennas, proposed for location on a major or minor ridgeline, or proposed for location in an open space area, shall be reviewed by the designated approving authority for compliance with the following.

1. Wireless telecommunication facilities visible on or above a ridgeline or knoll, as shown on the general plan visual resources map (Figure 10.4), shall be prohibited unless, prior to approving the application, the designated approving authority determines that the applicant has demonstrated that there is no feasible alternative.

2. Wireless telecommunication facilities operated by different carriers shall not be allowed within one thousand (1,000) feet of another facility, unless the designated approving authority determines that the cumulative visual or other physical environmental impacts can be reduced by allowing such facilities to locate within one thousand (1,000) feet of one another.

3. All proposed wireless telecommunication facilities should be located within easy reach of existing access roads, whenever possible. Unless visual impacts can be adequately mitigated, no new access roads on a ridgeline or knoll shall be allowed with any proposed groundmounted antenna.

4. All proposed wireless telecommunication facilities shall incorporate techniques and be designed as a stealth facility. Such techniques include camouflaging facilities to disguise and/or blend into the surrounding environment, or to disguise facilities as pieces of art or sculptures, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

5. All related equipment shall be designed and located so as to minimize visual impacts and/or to be screened from public view. Screening techniques may include landscaping and/or architectural treatment to make them compatible with existing buildings and/or a partial or complete burial of the equipment.

E. Freestanding Antennas and Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be freestanding antennas, proposed for location on a major or minor ridgeline, or proposed for location in an open space area shall be reviewed by the designated approving authority for compliance with the following:

1. All proposed wireless telecommunication facilities shall be located and designed to minimize visual impacts. When appropriate, monopoles or other wireless telecommunication facilities proposed in areas where adverse visual impacts cannot be avoided (as in some commercial areas) shall be camouflaged, disguised, and/or blended into the surrounding environment, or disguised as pieces of art/sculpture, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

ts. When appropriate, monopoles or other wireless telecommunication facilities proposed in areas where adverse visual impacts cannot be avoided (as in some commercial areas) shall be camouflaged, disguised, and/or blended into the surrounding environment, or disguised as pieces of art/sculpture, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

2. Wireless telecommunication facilities operated by different carriers shall not be allowed within one thousand (1,000) feet of one another unless the designated approving authority determines that the cumulative visual or other physical environmental impacts can be reduced by allowing such facilities to locate within one thousand (1,000) of one another.

3. The city may require applicants to construct a tower which is tall enough to accommodate two (2) additional wireless telecommunication facility applicants. This section shall not be interpreted to prevent the applicant from requiring future applicants to pay fair and reasonable rental for the use of the applicant's tower and/or other facilities.

4. All proposed wireless telecommunication facilities shall utilize the smallest and least visible antennas that meet the coverage objective.

5. Lightning arrestor rods and beacon lights shall not be included as part of the tower design, unless the applicant can demonstrate that such are necessary for safety reasons or that such are required by applicable FAA/FCC standards.

F. Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed for location on a major or minor ridgeline, or proposed for location in an open space area, shall be reviewed by the designated approving authority for compliance with the following.

1. No wireless telecommunication facility shall be located within four hundred (400) horizontal feet of a major ridgeline and one hundred (100) horizontal feet of a minor ridgeline (as shown on Figure 10.4 of the General Plan) and within one hundred (100) vertical feet for both. The distance shall be measured from the peak of the ridge. An exception may be granted by the designated approving authority only if any of the following findings can be made:

a. Due to the specific location and design of the proposed facility, it will not be visible from surrounding properties or public view;

b. Due to existing development or existing vegetation at the site, the proposed facility will be substantially screened from the view of surrounding properties and public view and will not result in an adverse visual impact; or

c. The applicant can demonstrate that there is no feasible alternative.

2. Special design considerations, including designs which simulate natural features found in the immediate area, i.e., trees or rocks, may be taken into account by the designated approving authority when facilities are proposed within areas identified as major and minor ridgeline areas.

3. Development of a wireless telecommunication facility shall conform generally with the natural contours to avoid excessive grading. (Ord. 2010-02 § 1 (part), 2010)

All wireless telecommunication facilities shall comply at all times with the following operation and maintenance standards. Failure to comply with the standards constitutes a violation of the Zoning Ordinance and may result in permit revocation.

A. Noise. All wireless telecommunication facilities shall comply with the city's Noise Ordinance.

B. Non-ionizing Electromagnetic Radiation (NIER) Exposure. No wireless telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such wireless telecommunication facilities, a potential threat to public health. To this end, no wireless telecommunication facility or combination thereof shall produce, at any time, power densities in any inhabited area that exceed the Federal Communication Commission's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard adopted or promulgated by the city or by the county, state, or federal government.

C. Wireless telecommunication facilities shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism. Any damages from any cause shall be repaired as soon as reasonably possible so as to minimize the occurrence of dangerous conditions or visual blight.

D. Each owner or operator of a wireless telecommunications facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter. (Ord. 2010-02 § 1 (part), 2010)

In the event that one (1) or more wireless telecommunication facility or any component thereof, including, but not limited to, antennas, towers, or related equipment, are not operated for the requirement of wireless telecommunication services for a continuous period of one hundred and eighty (180) days or more, such wireless telecommunication facility or component thereof shall be deemed abandoned and the

entitlement shall expire. The owner, operator, or other person or entity responsible for the wireless telecommunication facility or component thereof shall remove such items within thirty (30) days following the mailing of written notice from the city that removal is required. Such entity shall restore the site to its original predevelopment condition on or before this time as much as possible to the condition required by the Community Development Department. If two (2) or more providers of wireless telecommunication services use the wireless telecommunication facility or any component thereof, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such. For facilities located on city-owned or leased property, this removal requirement shall be included within the applicable lease. In addition, the permittee shall provide the Community Development Department with a notice of intent to vacate the site a minimum of thirty (30) days prior to vacation. The Community Development Department shall provide the permittee with a notice that removal is required, and removal of all wireless communication facilities shall be removed as established by this section. (Ord. 2010-02 § 1 (part), 2010)

The development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure, as those terms are defined in Section 17.77.020, shall be governed by Chapter 17.77. (Ord. 2019-03 § 5, 2019)