Chapter 17.77 — SMALL CELL WIRELESS COMMUNICATIONS FACILITIES

The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure. These regulations are intended to protect and promote public safety, community health and welfare, and the aesthetic quality of the city consistent with the goals, objectives, and policies of the General Plan while providing for well-managed development of small cell wireless telecommunications in accordance with California and federal law.

A. Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and nonresidential areas consistent with the adopted General Plan and other city-adopted plans and in compliance with applicable state and federal legislation;

• B. Protect the public from radio frequency emissions to the maximum extent permitted by state and federal law.

• C. Improve the ability of telecommunications providers to provide services quickly, safely, effectively, and efficiently while ensuring compliance with all applicable requirements;

• D. Ensure that public safety personnel have adequate cellular service and coverage during emergencies;

• E. Require wireless communications providers to use the best available design and technology to further reduce potential aesthetic impacts as changes in technology occur. (Ord. 2019-03 § 7, 2019)

Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings.

A. Ancillary Equipment means any wires, cables, meter boxes, cooling devices, cable, conduit and connectors, and any other equipment required to operate and support the operation of small cell wireless facilities.

• B. Applicant means service provider(s) of the small cell wireless facilities that are proposed to be located within the city, or service provider(s)'s authorized representative.

C. Co-location means a telecommunications facility comprising a single telecommuni cations tower, monopole or building supporting antennas owned or used by more than one telecommunications carrier.

D. Equipment Cabinet means a structure that contains, protects and conceals the ancillary equipment. Equipment Cabinet may also include the equipment necessary to allow for the undergrounding of PG&E meters and other ancillary equipment related to the functioning of small cell wireless facilities.

E. Readily Visible means an object that can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless communication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure, a ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant or adjacent architecture or building materials.

• F. Small cell wireless facility means a wireless telecommunications facility that meets all of the following conditions:

1. The structure on which antenna facilities are mounted:

• a. is fifty (50) feet or less in height, or

• b. is no more than ten percent (10%) taller than other adjacent structures, or

• c. is not extended to a height of more than ten percent (10%) above its preexisting height as a result of the collocation of new antenna facilities; and

2. Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. § 1.1320(d)) is no more than three (3) cubic feet in volume; and

3. All other wireless equipment associated with the facility are cumulatively no more than twenty-eight (28) cubic feet in volume; and

4. The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17.

5. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. §1.1307(b).

• G. School means any public or private k-12 educational institution.

• H. Stealth Facility means any commercial wireless communications facility that is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond

the property on which they are located, or, if visible, appear to be part of the existing developed feature, the surrounding landscape or environment rather than identifiable as a wireless communications facility.

I. Public Right of Way means all public streets and utility easements, now and hereafter owned by the city or other public entity, but only to the extent of the city or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities. (Ord. 2019-03 § 7, 2019)

• A. Permitted Areas. Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to a Small Cells Attachment Permit, shall be permitted on the following types of areas:

1. Existing structures within the public right-of-way in all zoning districts; and

2. Existing structures located outside of the public right-of-way in any zone that includes a commercial or industrial use.

3. New structures within the public right-of-way in all zoning districts, or outside of the public right-of-way in any zone that includes a commercial or industrial use, subject to the requirements of this chapter.

• B. Permitted Facilities. Subject to compliance with all applicable provisions of this chapter, the permitted facilities/structures on which small cell wireless facilities may be attached are as follows:

1. Public Right-of-Way. Small cell wireless facilities in the public right-of-way in all zoning districts shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities in the public right-ofway are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

• a. existing light poles

• b. all other utility poles

• c. existing utility cabinets

• d. any other existing pole, or an existing structure in the public right-of-way that is not readily visible

• e. a new pole of any kind.

2. Outside Public Right-of-Way. Small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities outside the public right-of-way are ranked as indicated in the following list. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

a. Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.

b. Building- or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.

c. On existing communication towers, existing signal, light or similar kinds of permanent poles not supplying electric, telephone or similar service and not in the public right-of- way, or utility facilities not subject to the city's franchise agreements.

• d. Nonbuilding- or structure-mounted alternative tower structures.

3. Residential Structures. Small cell wireless facilities located outside of the public right-of-way shall not be located on any residential structure without the prior issuance of a conditional use permit.

4. Schools. Small cell wireless facilities located outside of the public right-of-way shall not be located on any school building in which classroom facilities are located without the prior issuance of a conditional use permit.

C. Permitted Locations. Small cell wireless facilities in all zoning districts, whether located in the public right-of-way or elsewhere, shall be located in accordance with the following preferences. The preferred approaches for location of new small cell wireless facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

1. In any nonresidential district and co-located with existing conforming facilities.

2. In any nonresidential district and located more than eight hundred (800) feet from any residential dwelling or school.

3. On nonresidential structures in residential districts and located more than eight hundred (800) feet from a residential dwelling or school.

4. In any nonresidential district and located less than eight hundred (800) feet from a residential dwelling or school.

5. On nonresidential structures in residential districts and located less than eight hundred (800) feet, but more than two hundred (200) feet, from a residential structure or school.

6. On nonresidential structures located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.

7. On nonresidential structures in residential districts and located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.

D. Co-locating with Existing Wireless Communication Facilities. Co-location of small cell wireless facilities with existing wireless communication facilities subject to design and colocation standards as set forth in this chapter.

E. Permits Required. Applicants shall obtain the following permits prior to installing, constructing, maintaining, operating, removing or performing work related to a small cell wireless facility:

1. Small Cell Attachment Permit. All small cell wireless facilities must obtain a Small Cell Attachment Permit for each small cell wireless facility by submitting an application and obtaining approval pursuant to the requirements of this chapter.

2. Encroachment Permit. An applicant seeking to install, construct, operate, or perform work related to small cell wireless facilities in the public right-of-way shall obtain a revocable encroachment permit prior to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the Department of Public Works, after compliance with the application requirements identified in Section 17.77.060, below.

a. The obligations of an encroachment permit shall run until applicant applies for a demolition permit to quit and cease operation. The city retains the right to inspect said facilities to ensure all conditions of the permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise revoked as provided for elsewhere in this Municipal Code. A performance review may be conducted annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant must provide the city with updated information including but not limited to changes in insurance and equipment to update the encroachment permit reflecting those changes.

3. Building Permit. An applicant seeking to install, construct, or perform work related to small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall obtain a building permit after complying with the application and permitting requirements stated in this chapter.

4. Alternative Permits. An applicant unable to meet the requirements of a Small Cell Attachment Permit as set forth in this chapter, including but not limited to design review and stealth facility standards, shall be required to obtain a Conditional Use Permit in place of a Small Cell Attachment Permit. A Conditional Use Permit does not relieve the applicant of the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of this section prior to commencing work.

F. Exempt Facilities. Small cell wireless facilities owned and operated by a governmental agency and utilized for governmental function are exempt from the permit requirements of this chapter, provided that they conform to the operational standards of Section 17.77.040 of this chapter. (Ord. 2019-03 § 7, 2019)

A. State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of city permit and require removal of the small cell facility at the service provider's expense.

B. Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of city permit and required removal of the small cell facility at the owner's expense.

C. Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards. Such information shall be submitted with permit application materials under Section 17.77.060, as well as annually thereafter if requested by the city.

D. Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this chapter.

1. Except as provided in subsection D-2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.

2. Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the city.

3. Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. 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 forty-eight (48) hours from the time of receipt of city notice.

4. Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with Chapter 8.35 entitled "Noise" of the Municipal Code.

a. 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 6:00 p.m. on Monday through Friday, excluding holidays.

b. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.35 of the Municipal Code.

5. Each facility shall install the following security measures:

a. An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.

b. Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described in Section 17.77.050, and nuisance regulations, and must not interfere with city emergency services or transmission.

6. Each facility shall be relocated at applicant's sole cost, upon demand by city with reasonable notice, to allow for public projects, services or improvements.

7. Applicant shall, at its sole cost, be responsible for repairing to city standard specifications or replacing in-kind any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:

a. curb, gutter, sidewalk, storm drains, and pavements; and

• b. landscaping; and

• c. structures, buildings, light poles and fixtures.

• E. Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:

1. All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing city projects or facilities.

2. All existing city-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent city structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.

a. Applicants requesting to install a small cell wireless facility on city- owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such city standards.

b. If the city-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the city's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider,

including independent metering of electrical power required for applicant's installations as provided in the preceding subsection 17.77.040.D. Upon installation, the new pole shall become the property of the city. (Ord. 2019-03 § 7, 2019)

A. General Standards. Small cell wireless facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the city. Small cell wireless facilities shall utilize the smallest footprint possible, and shall be designed to minimize the overall height, mass, and size. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location to the satisfaction of the Zoning Administrator or designee.

B. Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesserpreferred installation locations may be approved so long as the applicant demonstrates that the more preferred installation location would be technically infeasible. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabilities Act.

C. Pole Designs. All small cell wireless facility pole installations shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.

D. Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.

E. Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including but not limited to color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.

F. Security Fencing. Under no circumstances shall security fencing be permitted.

G. Volume. Each individual antenna may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (ii) seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground. The requirements of this section may be modified by the City Council pursuant to the authority set forth in Section 17.77.050(H) below.

H. Additional Design Requirements. Small cell wireless facilities shall comply with all other design requirements that may be adopted from time to time by the City Council and which are in effect at the time the application is submitted and complete. Such design requirements are available from the city's Development Services Department. (Ord. 2019-03 § 7, 2019)

A. Compliance Required. No applications for small cell wireless facilities shall be deemed complete unless the applicant has submitted all required application materials and applicable fees, as provided by this section.

1. Batching Applications. Applicants submitting applications for more than two (2) Small Cell Attachment Permit locations will be required to batch their applications in order to expedite review and action.

B. Application Materials. A complete application for Small Cell Attachment Permits shall include the following information:

1. A completed and signed application and checklist provided by the Development Services Department. The application shall be signed by the applicant or by the applicant's authorized agent or representative, as well as by the property owner if the facility will be located outside of the right-of-way.

2. A sworn statement entitled "Compliance Verification" by the applicant or by the applicant's authorized agent or representative, stating that the application 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 telecommunications facilities that are required in order for the applicant to construct the proposed facility.

3. Documentation of, or a sworn statement by the applicant or by the applicant's authorized agent or representative, stating 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 small cell wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

4. A preliminary report quantifying the proposed small cell wireless facility'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.

C. Proof of Legal Right to Use Property. Applications for small cell wireless facilities must be accompanied by evidence satisfactory to the city demonstrating the property owner's consent or other form of proof demonstrating applicant's legal right to use the property upon which it proposes to attach the small cell wireless facility. Applicant must demonstrate evidence satisfactory to city for each and every proposed small cell wireless facility. Failure to demonstrate a legal right to utilize the property upon which a small cell wireless facility is attached is grounds for permit revocation. A small cell wireless facility may not be located on city-owned property, including any cityowned pole, without the express written permission of the city.

strate evidence satisfactory to city for each and every proposed small cell wireless facility. Failure to demonstrate a legal right to utilize the property upon which a small cell wireless facility is attached is grounds for permit revocation. A small cell wireless facility may not be located on city-owned property, including any cityowned pole, without the express written permission of the city.

1. Master License Agreements for city-owned structures. Applicants that have entered into a valid Master License Agreement with the city for multiple small cell wireless facility attachments upon city-owned structures shall be deemed to satisfy the requirements of this Subsection (C) for each small cell wireless facility subject to the Master License Agreement. Applications for all site locations subject to the Master License Agreement shall be batched and processed together. Small cell wireless facilities subject to the terms of a Master License Agreement shall still obtain an encroachment permit, and are subject to staff-level design review to ensure compliance with any provisions in the Master License Agreements as well as to ensure the best possible design consistent therewith.

D. Site Plans and Layouts. Applicants shall submit the following information with the application electronically or by hardcopy. Hardcopy submittals shall be provided in triplicate.

1. Map and Inventory of Proposed Sites. Applicant shall provide a map of the proposed site(s) including photographs of the city-owned light pole(s) as appropriate, where the facility(ies) is/are proposed to be located. Map shall show all land uses within eight hundred (800) feet of the proposed small cell wireless facility sites(s), shown on the map.

2. Photo Simulations of Small Cell Facility and Ancillary Equipment. Applicant shall show the placement of the proposed small cell wireless facility. The simulation(s) shall show where the small cell wireless facility is proposed to be placed, where the ancillary equipment (cables, power sources, electricity, and any other items required to operate and support the facility) is proposed to be located and how they will be finished to comply with the requirements of this chapter. The proposed location and treatment of the small cell wireless facility and any ancillary equipment shall comply with the aesthetic requirements in this chapter, and such other requirements adopted by the City Council.

3. Drawings and Plans. Applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed small cell wireless facility and ancillary equipment placement. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment, shall be drawn to scale on the elevations. Site plans shall include depiction of signage required by Section 17.77.040(D)(2). In addition, site plans showing the existing condition of the structure and surrounding area shall be prepared and submitted.

nt. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment, shall be drawn to scale on the elevations. Site plans shall include depiction of signage required by Section 17.77.040(D)(2). In addition, site plans showing the existing condition of the structure and surrounding area shall be prepared and submitted.

4. Camouflage and/or Matching Methods. Applicant shall provide both a description of methods proposed to stealth the small cell wireless facility and all ancillary equipment, and colors and materials specifications.

5. Identify all Ancillary Equipment. Plans shall identify any and all ancillary equipment required to support the small cell wireless facility, including but not limited to emergency generators, air conditioning equipment, cables, and power sources.

E. Fee Requirements. An application for small cell wireless facilities shall be accompanied by the following fee payments:

1. Right-of-Way Pole Usage Fee. Unless set forth in a Master License Agreement, and in that case, the terms of the Master License Agreement shall govern, pole usage fee amounts shall be set by the city's most current Master Fee Schedule as established by City Council resolution.

2. City Processing Fees. City application and permit processing fees shall be charged pursuant to the city's Master Fee Schedule in effect at the time the application is filed. (Ord. 2019-03 § 7, 2019)

A. Review and Notice. Applications submitted to the city will be promptly processed and reviewed. Applicants will be notified of incomplete applications as promptly as possible. After an application has been deemed incomplete, in order to proceed further in the application process, applicants shall provide such supplemental information to address the incompleteness or insufficiencies identified in the city's notice.

1. An application for a Small Cell Attachment Permit shall be reviewed by the Zoning Administrator, or such other person designated by the City Manager.

2. Following determination of a complete application, the applicant shall mail "Notice of Application to Install Small Cell Wireless Facility" to all properties, and the owners of such property, within five hundred (500) feet of the proposed site(s). The applicant shall also schedule a neighborhood outreach meeting involving residents and businesses within the radius area as described in this subsection within two (2) weeks of submittal of an application. Applicant shall submit an affidavit to the Zoning Administrator that the mailing of notice and community meeting occurred as required by this subsection.

3. If the Zoning Administrator determines that a complete application meets the requirements of this chapter, the Zoning Administrator shall schedule a public hearing regarding the application, at which time any interested persons may provide comment on the application. Notice of the hearing shall be provided in accordance with the requirements of Section 17.10.050, except that notice shall be sent to the all properties and the owners of such property within five hundred (500) feet. In addition, applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet.

4. After the conclusion of the public hearing, the Zoning Administrator shall determine whether the application(s) meet(s) the requirements of this chapter, and any other requirements established by the City Council, and shall approve applications that comply with all such requirements. The Zoning Administrator shall provide notice of the decision in the same manner as required by subsection (hearing shall be provided in accordance with the requirements of Section 17.77.070(A)(3)). Applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet. B. Pre-Submittal Actions. To ensure complete submissions, applicant(s) for small cell wireless facilities are encouraged to complete the following tasks prior to the Zoning Administrator scheduling a public hearing regarding an application:

5. Participate in a pre-submittal meeting with city staff.

6. Schedule a Neighborhood Outreach meeting involving residents and businesses within the radius area as described in section A above.

C. Financial Assurances. Prior to obtaining a 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 Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

D. Permit Approval and Installation. No small cell wireless facility shall be installed unless and until the city has issued a Small Cell Attachment Permit, an encroachment permit and building permit for that particular small cell wireless facility.

E. Modification of Requirements. The City Council may waive or modify requirements of this chapter if denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation. (Ord. 2019-03 § 7, 2019)

A. Voluntary Cessation. Applicants intending to vacate a small cell wireless facility site shall notify the Community Development Director or designee of this intent to vacate at least thirty (30) days prior to the vacation.

B. Abandonment. A permit for a small cell wireless facility that is not operated for a continuous period of six (6) months shall be deemed lapsed and the site will be considered abandoned unless:

1. The Community Development Director or designee has received notice from the same operator of intent to resume operations within six (6) months; or

2. The city has received an application to transfer the permit to another service provider.

C. Removal of Facilities and Restoration of Site. No later than ninety (90) days from the date a small cell wireless facility has ceased operation, or from the date of receipt of the applicant's notice of its intent to vacate the site, the applicant or its authorized agent of the abandoned small cell wireless facility shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Community Development Director.

1. The applicant or its authorized agent may use any bond or other assurances provided pursuant to the requirements of Section 17.77.070.C ("Financial Assurances") to fulfill the requirements of this subsection.

2. The owner or agent shall provide written verification of the removal of the small cell wireless facility within thirty (30) days of the date the removal is completed.

D. Failure to Remove and Restore. A small cell wireless facility that is not removed and the site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to the Municipal Code. The Community Development

Director or designee may cause the facility to be removed at the owners' expense or by calling any bond or other financial assurance to pay for removal.

1. For a single structure occupied by two (2) or more users, this subsection shall not apply while at least one (1) user continues to actively use the structure.

2. The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for small cell wireless facilities.

E. Destruction of Pole or City Discontinuation of Use. If a city-owned structure upon which a small cell wireless facility is located is damaged, destroyed, or demolished by acts beyond city's control, the right for such small cell wireless facility to continue occupying the structure shall cease. Applicant may opt to construct a pole or structure to replace the damaged, destroyed or demolished city structure in compliance with the requirements of this chapter, including structural inspection and separate metering requirements. (Ord. 2019-03 § 7, 2019)

A. General Conditions. In addition to all other conditions that may be adopted by the Zoning Administrator for a small cell wireless attachment permit, all such permits issued under this chapter shall be automatically subject to the conditions in this subsection A.

1. Permit Term. This small cell permit will automatically expire five (5) years and one (1) day from its issuance. Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. To the extent that this small cell permit is issued in connection with any structure owned or controlled by the city and located in the public rights-of-way, this small cell permit shall be coterminous with the cancellation, termination or expiration of the agreement between the applicant and the city for access to the subject city structure.

2. Permit Renewal. Not more than one (1) year before this small cell permit expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject small wireless facility complies with all the conditions of approval associated with this small cell permit and all applicable provisions in the Municipal Code that exist at the time the decision to renew or not renew the permit is rendered.

3. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this small cell permit, which includes without limitation any laws applicable to human exposure to radio frequency emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the city to timely notice, prompt or enforce compliance with any applicable provision in the Municipal Code, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Municipal Code, any permit, any permit condition or any applicable law or regulation. (Ord. 2019-03 § 7, 2019)

Any decisions made pursuant to this chapter may be appealed pursuant to the provisions of Chapter 17.10. (Ord. 2019-03 § 7, 2019)

Failure to comply with these standards shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of Chapter 17.16 and/or any other applicable provision of this Municipal Code. (Ord. 2019-03 § 7, 2019)