San Fernando Municipal Code Div. 22 Wireless Telecommunications Facilities

(a) This division establishes standards for the development and placement of wireless telecommunications facilities. This division is not intended to regulate health impacts associated with telecommunications projects.

(b) The purpose of this division is to:

(1) Ensure access to reliable wireless communication services throughout all areas of the city;

(2) Encourage the location of new monopoles and telecommunication facilities in non-residential areas;

(3) Encourage the use of existing monopoles for the co-location of telecommunications facilities;

(4) Encourage the location of monopoles and other telecommunications facilities in areas where the adverse visual and aesthetic impacts on the community will be minimal;

(5) Minimize the potential adverse visual and aesthetic effects associated with the construction of monopoles and towers through the utilization of best quality design, landscaping and construction practices;

(6) Ensure public health, safety, welfare, and convenience;

(7) Conform to federal and state laws that limit certain aspects of local regulation of personal wireless telecommunications facilities; and

(8) Establish clear local guidelines and standards for the regulation of wireless telecommunications facilities.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Unless listed in section 106-771 as exempt, no wireless telecommunications facility shall be constructed, replaced, or modified without first undergoing the site plan review process per sections 106-857 to 106-861 and obtaining a new conditional use permit and/or modifying an existing applicable conditional use permit pursuant to application and review procedures contained in sections 106-868 to 106-875. Facilities determined to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this division and are not subject to discretionary review so long as they meet the requirements for such exempt facilities as set forth in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The following wireless telecommunications facilities are exempt from conditional use permit requirements and site plan review requirements under this division, provided they meet the requirements set forth in this section:

(1) Interior and exterior antennas accessory to a permitted use of a site, limited to television reception antennas, satellite reception dishes, and amateur radio facilities meeting all the requirements set forth below:

a. Direct broadcast satellite ("DBS") antennas and television broadcast services ("TBS") antennas or other similarly scaled telecommunications device may not exceed 36 inches in diameter. DBS and TBS antennas, satellite dishes and similar devices may not extend above the roof peak or parapet of the supporting structure unless otherwise approved by the chief planning official.

b. Antennas, including support structures, may not be located within any required building setback area, and must be screened from public view. No portion of the antenna, support structure, and/or accessory equipment may overhang or extend beyond any property line.

c. Antenna height may not exceed the maximum allowable building height for the zoning district in which it is located. The antenna support structure may not exceed a width or diameter of 24 inches.

(1) Public safety facilities, used only for public safety functions, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

(2) Wireless telecommunications facilities accessory to other publicly owned or operated equipment for data acquisition such as irrigation controls, well monitoring, and traffic signal controls.

(3) Wireless telecommunications facilities erected and operated for emergency situations, as designated by the chief administrative officer, so long as the facility is removed at the conclusion of the emergency.

(4) Multi-point distribution services (MDS) antennas and other temporary mobile wireless services including mobile wireless communication facilities and services providing public information coverage of news events for a duration of no more than 14 days.

(5) Mobile facilities, including "cell on wheels" (COW) equipment, when placed at a location for no more than seven consecutives days, subject to prior authorization by the chief planning official and when the mobile facility is located within a zoning district that permits wireless telecommunications facilities.

(6) Wireless telecommunications equipment that replaces or alters an existing facility such as replacement of a pre-existing antenna with a smaller antenna, installation of quieter equipment, or modifications that decrease capacity, subject to prior review and approval by the chief planning official and issuance of a building permit.

(7) Any antenna or wireless telecommunications facility, for which a permit or certification has been issued by the California Public Utilities Commission (CPUC) or the Federal Communications Commission (FCC) specifically stating that the antenna or wireless telecommunications facility is exempt from municipal regulation.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All existing wireless telecommunications facilities approved and in operation prior to adoption of this division shall be exempt from the provisions of this division, subject to division 9 of article V, with the following exceptions:

(1) Any expansion or alteration to existing equipment, structure, site and/or facility, including any new co-locations, shall comply with the standards and procedures for the development of new wireless telecommunications facilities as in this division. If the existing facility is in a location where development of new wireless telecommunications facilities is prohibited, no increase in height shall be permitted.

(2) All existing wireless telecommunications facilities are subject to provisions set forth in this division as they relate to the public safety impacts, periodic review, and monitoring requirements.

(3) All maintenance work on existing wireless telecommunications facilities and accessory equipment shall comply with the noise regulations in section 34-27.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Wireless telecommunications facilities shall be prohibited on all properties adjacent to residentially zoned properties and/or within 250 feet of any property line of a residentially zoned parcel, whichever provides the greater distance from residentially zoned properties.

(b) Subject to the requirements for conditional use permits per section 106-770, wireless telecommunications facilities are permissible only in the following areas:

(1) Properties within the Workplace Flex District of the SP-5 (San Fernando Corridors Specific Plan) Zone.

(2) Properties within the M-1 (Limited Industrial) Zone.

(3) Properties within the M-2 (Light Industrial) Zone.

(4) Properties owned and utilized by the City of San Fernando for municipal purposes.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The following types of wireless telecommunications facilities shall be permissible if approved pursuant to a conditional use permit in accordance with sections 106-905 through 106-913, provided the site plan review application procedures set forth in sections 106-872 through 106-879 are satisfied and provided the facilities meet the location and design standards set forth in this division. Any application for a wireless telecommunications facility may be denied based on aesthetic or land use impacts.

(1) Mobile antenna when placed on a site for more than seven consecutive days, subject to the following standards:

a. An antenna vehicle or an antenna trailer shall be located only on a paved surface.

b. Any vehicular access and parking for support personnel shall be provided on a paved surface.

c. Operational safety signage shall be provided.

d. An antenna vehicle or an antenna trailer and support parking shall not be located within a public right-of-way without first obtaining an encroachment permit.

(2) Additional antennas and/or modifications to an existing monopole or tower, subject to the following standards:

a. The existing monopole or tower was constructed and is operating in accordance with the requirements of a conditional use permit.

b. The type and size of additional antenna(s) is consistent with the provisions of this division.

c. The additional antenna array does not exceed the height of the existing tower.

d. The additional antenna array is the second or third grouping of antenna panels on the tower.

e. The additional antenna array fits within the three-dimensional envelope of the existing monopole or tower and arrays.

f. The additional antenna array does not include a microwave dish greater than one meter in diameter.

g. The combined electromagnetic radiation for all antenna arrays does not exceed applicable standards.

h. The additional antenna array does not require substantial modifications to the existing tower.

(3) Building mounted antennas, subject to the following standards:

a. The lowest part of the antenna shall be a minimum of 15 feet above grade.

b. The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.

c. Antennas, connections, and supports shall be treated to match the color scheme of the building, or as approved by the planning commission.

d. Antennas and connections shall not project above the building façade.

e. Accessory equipment shall be fully screened from public view if mounted on the ground, or shall otherwise be located underground.

f. Exterior electrical lines serving the equipment cabinet or building shall be located underground.

g. If panel type antennas are proposed, then the total square footage of all panels shall not exceed 25 square feet on any façade.

(4) Roof-mounted antennas, subject to the following standards:

a. The antenna(s) and related equipment shall be fully screened from view or architecturally integrated into the building design.

b. Antenna(s) shall match the color scheme of the building façade to which they are attached.

c. Accessory equipment shall be fully screened from public view if mounted on the ground, or shall otherwise be located underground.

d. Antenna(s) and support structures shall not exceed the allowable height limit for the zoning district in which it is located by more than ten feet or exceed the parapet by more than six feet, whichever is less.

(5) Wireless telecommunications antennas on city facilities, subject to the following standards:

a. Antenna(s) may be ground mounted or mounted on existing buildings or structures.

b. The antenna(s) shall be integrated into the site and/or structure design.

c. Accessory equipment shall be fully screened from public view if mounted on the ground, or shall otherwise be located underground.

d. Any vehicular access and parking for support personnel shall be provided on a paved surface.

(6) Modifications to existing antennas, including any modification to equipment or accessories of existing wireless telecommunications facilities whether conforming or legally nonconforming to the provisions of this division, with the exception of reducing the height, reducing the number of panels and/or antennas, and/or reducing the radio frequency radiation and/or noise emissions.

(7) "Emergency 911" wireless telecommunications facilities, including any alteration, upgrade or addition of equipment or accessories to allow for "Emergency 911" uses.

(8) Antenna arrays mounted on existing signs, water towers, sport field light towers, subject to the following standards:

a. Antenna(s) shall be designed to match the supporting structure.

b. Accessory equipment shall be fully screened from public view if mounted on the ground, or shall otherwise be located underground.

(9) Monopole or towers, subject to the following standards:

a. Monopoles and towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate "stealth" design techniques to camouflage the tower to the maximum extent feasible as art, sculpture, clock tower, flag pole, tree or any other appropriate and compatible visual form.

b. Monopoles and towers shall be located on the rear half of the parcel, unless the planning commission determines that aesthetic benefit is achieved through an alternative location.

c. New private monopoles and towers shall not be located on any land developed or zoned for any residential and/or school use, unless otherwise specified in this division.

d. Monopoles and towers shall not be permitted within 400 feet of an existing tower, except that the planning commission may modify this standard in cases where it finds, in conjunction with approval of a conditional use permit, that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. The chief planning official may require an independent study, at the applicant's expense, of the basis for making such findings.

e. Monopoles and towers shall be designed at the minimum functional height pursuant to the requirements of section 106-774. This standard may be modified to allow for an increase not to exceed 15 feet above the maximum permitted height within any zone upon a finding by the planning commission that the cumulative visual impacts are not significant and that the height is necessary to provide for co-location opportunities not possible with a tower meeting the required height standard. Independent review of the request, at the expense of the applicant, may be required by the chief planning official.

f. As a condition of approval for all monopoles and towers, the applicant shall provide a written commitment that it will allow co-location of antennas on towers where technically and economically feasible.

g. Accessory equipment shall be fully screened from public view if mounted on the ground, or shall otherwise be located underground.

h. Any vehicular access and parking for support personnel shall be provided on a paved surface.

(10) Other wireless telecommunications facilities not listed as exempt in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The standards in this section are applicable to any wireless telecommunications facility not exempt under section 106-777.

(1) If technological improvements or developments occur that allow the use of materially smaller or less visually obtrusive equipment, the wireless telecommunications service provider may be required to replace or upgrade an approved wireless telecommunications facility upon application for a new permit in order to minimize the facility's adverse impact on land use compatibility and aesthetics. This provision applies only to the specific site for which the application for a modification is requested.

(2) Each telecommunications service provider with a wireless telecommunications facility shall obtain a business license prior to initiation of service.

(3) The chief planning official may hire a third party independent engineer to evaluate any technical aspect of the application. The applicant will be responsible to pay for all costs of this analysis.

(4) Failure to comply with any of the conditions of the permit may result in the revocation of the permit after a duly noticed public hearing pursuant to the procedures in section 106-814.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All wireless telecommunications facilities shall be designed to the minimum functional height required.

(b) Unless this division imposes a more restrictive height limitation on a specific type of facility, the wireless telecommunications facility's height shall not extend beyond the maximum allowable height for the zone in which it is located, except when additional height is permitted by the planning commission when necessary to accommodate co-location.

(c) Wireless telecommunications facilities providing for co-location may be permitted to extend up to ten feet beyond the maximum allowable height for the zoning district in which it is being proposed.

(d) The height of a monopole, tower or other support structure shall be measured from the natural undisturbed ground surface below the center of the base of the structure to the top of the structure itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All wireless telecommunications facilities and accessory equipment and structures shall comply with the required building setbacks for the zoning district in which they are located. However, in no instance shall the facility (including antennas and equipment) be located closer than five feet to any property line. Additional setback requirements shall be established in conjunction with a conditional use permit for those antennas exceeding the height limit for the zoning district.

(b) Wireless telecommunications facilities shall not be located within the required front-yard area of any parcel, or within a designated parking area, unless the planning commission determines that aesthetic benefit is achieved through such location.

(c) The planning commission may reduce required setbacks from property lines for wireless telecommunications facilities upon determination that aesthetic impacts would be reduced or open space improved.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Landscaping, wherever appropriate, shall be used as screening to reduce visual impacts of a wireless telecommunications facility. Any such landscaping shall be visually compatible with existing vegetation in the vicinity.

(b) Existing landscaping in the vicinity of a wireless telecommunications facility shall be protected from damage during and after the facility's construction. Where applicable, the applicant for a new wireless telecommunications facility shall submit a tree protection plan to ensure compliance with this requirement.

(c) Off-site landscaping may be required to mitigate off-site impacts. Additional landscaping may also be required in public rights-of-way to obscure visibility of wireless telecommunications facilities from passing motorists, bicyclists, and pedestrians.

(d) An automatic irrigation system shall be provided for all existing and proposed on-site and off-site landscaping.

(e) All existing and proposed on-site and off-site landscaping shall be maintained in a healthy condition.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All wireless telecommunications facilities and accessory equipment structures shall utilize state of the art stealth technology as appropriate to the site and type of facility. Where no stealth technology is proposed in an application for a new wireless telecommunications facility, a detailed analysis as to why stealth technology is physically and/or technically infeasible for the project shall be submitted with the application.

(b) Monopole support structures shall not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed height and that the proposed height is necessary.

(c) Any wireless telecommunications facility mounted on a building shall be located in a manner so as to minimize visual impacts on surrounding properties and rights-of-way.

(d) Any building-mounted antenna and support structure shall be painted to be architecturally compatible with the building, and to minimize visual impacts on surrounding properties. The specific color is subject to approval based on a visual analysis of the particular site.

(e) Accessory equipment must be screened from public view.

(f) Wireless telecommunications facility support structures shall be sized and designed to allow at least one additional wireless telecommunications service provider to co-locate on the support structure.

(g) All fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area; and shall be designed to resist graffiti vandalism and to facilitate the removal of graffiti. Chain link, barbed wire, and concertina wire are prohibited.

(h) Lighting shall not be permitted on wireless telecommunications facilities unless required as a public safety measure. If lighting is required, it must be provided in a manner designed to minimize glare and light overflow onto neighboring properties. Security lighting installed at wireless telecommunications facility sites shall only be operational when support personnel are present.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence surrounding a wireless telecommunications facility or, if there is no fence, on the facility itself. The sign must identify the facility operator's name and address, and specify a telephone number at which a representative of the service provider can be reached at any time in the event of an emergency.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All wireless telecommunications facilities in combination shall comply with all public health and safety rules, regulations and standards, including compliance with non-ionizing electromagnetic radiation standards set by the FCC and/or any other agency with the authority to regulate such facilities. If such rules, standards and/or regulations are changed, the service provider(s) and/or property owner(s) shall bring such facilities into compliance with such revised rules, standards and/or regulations within six months of the effective date of such rule, standard and/or regulation, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and/or approvals granted under this division.

(b) If it is found that any wireless telecommunications facilities are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) and/or property owner(s) shall be entirely responsible for the removal, adjustment, or replacement of the facilities. In no case shall a facility remain in operation if found to create a hazard to public health, safety, and welfare. A wireless telecommunications facility shall not be found to create a hazard to public health, safety, or welfare as a result of non-ionizing electromagnetic radiation emissions from the facility so long as it meets all then current standards established by the FCC or other federal agency having jurisdiction.

(c) For the protection of emergency response personnel, each wireless telecommunications facility shall have a main breaker switch to disconnect electrical power at the site. For co-location sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency.

(d) Wireless telecommunications facilities shall not be operated in a manner that would cause any interference with any public emergency telecommunications system. If such interference occurs, the wireless telecommunications service provider shall remedy the problem.

(e) Fencing, barriers, or other appropriate measures to restrict public access to wireless telecommunications facilities shall be maintained in a functional condition at all times.

(f) A violation of subsections (a), (b), (c), (d), or (e) of this section shall constitute grounds for abatement and removal of the wireless telecommunications facility at the expense of the service provider and/or the property owner.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All wireless telecommunications facilities, including their power sources, ventilation, air conditioning units and any other cooling equipment, and all other accessory equipment shall operate in compliance with the noise regulations in section 34-27.

(b) Back-up generators shall only be operated during power outages and/or for testing and maintenance purposes on weekdays between the hours of 9:00 a.m. and 4:00 p.m.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Subsequent to construction of a new wireless telecommunications facility or modification of an existing wireless telecommunications facility, the facility shall not be operated prior to final inspection and authorization to operate by the chief building official or designee. Within ten days after authorized operation of the facility begins, the wireless telecommunications service provider shall submit a report prepared by a qualified licensed engineer acceptable to the chief planning official certifying that at full power operation the facility is operating in compliance with all applicable standards regulating non-ionizing electromagnetic radiation emissions, and that the measured cumulative level of all such emissions at the site and in the vicinity of the facility do not exceed allowable levels. The report certifying such compliance shall document the basis for such certification pursuant to the monitoring protocol as defined in this division. These provisions shall be met through submission of a report documenting field measurements of non-ionizing electromagnetic radiation measurements. All reports shall consider cumulative effects of co-located facilities and shall be written in plain English.

(b) Post-construction testing of new and/or modified wireless telecommunications sites and facilities with respect to non-ionizing electromagnetic radiation emissions is required for all new and modified wireless telecommunications facilities to ensure that they operate in compliance with the applicable radiation exposure standards. Monitoring of non-ionizing electromagnetic radiation is to be conducted consistent with the monitoring protocol as defined in this division. If such testing indicates that the site or facility is not in compliance with the applicable standards and requirements contained in this division, the non-compliant site shall cease all operation causing the emission in excess of the applicable standards. The service provider shall have 30 days to bring the site or facility into compliance. If this is not completed by that time, the chief planning official may initiate the process as necessary to modify or revoke all permits, turn off power and other services to the site and/or facility and begin procedures to demolish the facility at the expense of the service provider and/or the property owner.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Two pre-application meetings are recommended for applicants proposing development of new wireless telecommunications facilities. The first meeting should take place at the earliest stage of site location research and subsequent to voluntary submittal of a service area map and description of the type of antenna and facility proposed. The second meeting is recommended after the site is selected and subsequent to voluntary submittal of a preliminary site plan and visual impact graphics. These meetings are voluntary, and no fees shall be required for the review of material submitted at this stage.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Except for facilities specifically identified as exempt under this division, all applications for development of new wireless telecommunications facilities require: (i) a conditional use permit application to be submitted pursuant to sections 106-868 through 106-874; and (ii) a site plan to be submitted pursuant to sections 106-856 through 106-860. The number, size, and content of the plans shall be determined by the chief planning official. The chief planning official may require additional information, besides the information specified in this division, in order to properly assess a particular application. All applications for wireless telecommunications projects shall include the following:

(1) All application materials generally required for a conditional use permit, as provided for in sections 106-868 through 106-874.

(2) Vicinity map, including topographic areas, designation of properties within a 1,000 feet radius from the proposed facility, residential and school zones, and major roads/highways. The distance of the proposed wireless telecommunications facility from existing residentially zoned areas, existing residences, schools, major roads and highways, and all other existing or approved but unbuilt or otherwise inoperative wireless telecommunications facilities within a 1,000 feet radius from the proposed location of a proposed wireless telecommunications facility shall be shown on the vicinity map.

(3) Site plan including and identifying:

a. All facility related support and protection equipment.

b. A description of general project information, including the type of facility, number of antennas, maximum height including the top antenna panels and arrays, radio frequency range, wattage output of equipment, and a statement of compliance with the current requirements of the FCC and of any other agency with authority to regulate such facilities.

(4) Elevations of all proposed facility structures, accessory equipment and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site.

(5) Photo simulations, photo-montage, story height poles, elevations and/or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed facility as it would be seen from surrounding properties from perspective points to be determined in consultation with the chief planning official prior to preparation. The chief planning official may also require a simulation analyzing proposed stealth designs, and/or on-site demonstration mock-ups before the public hearing.

(6) Landscape plan that shows existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location. If deemed necessary, the chief planning official may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction. Where deemed appropriate by the chief planning official, a landscape plan may be required for the entire parcel and leased area to be occupied by the proposed facility.

(7) A written statement and supporting information regarding alternative site selection and co-location opportunities in the service area. The application shall describe why the proposed location is preferred, and shall include a list of alternative sites considered in the site selection process along with an indication as to why such alternative sites were rejected. An assessment of the potential for co-location opportunities shall be provided when applicable, including a statement and evidence of any refusal by other wireless telecommunications service providers regarding co-location.

(8) Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual approved by the chief planning official, and paid for by the project applicant.

(9) A radio frequency radiation emissions analysis conducted and certified by a State of California licensed radio frequency engineer to determine probable emissions from the proposed wireless telecommunications facility and comparison of those outputs with the maximum allowable non-ionizing electromagnetic radiation emissions allowed by the FCC or other agency with authority to regulate such emissions. A report with evidence of estimated compliance with the FCC's non-ionizing electromagnetic radiation standards, and with the standards of any other agency with the authority to regulate such emissions shall be submitted by the engineer. Such information shall be provided by a qualified firm or individual, approved by the chief planning official, and paid for by the project applicant.

(10) A cumulative impact analysis of development and operation of the proposed facility in conjunction with any other existing or approved but unbuilt or otherwise inoperative wireless telecommunications facilities within a distance of 1,000 feet from the proposed facility, or as otherwise determined by the chief planning official. The analysis shall address the height, dimensions and power rating of all antennas and support equipment within this designated study area, as well as the existing ambient and estimated future cumulative level of non-ionizing electromagnetic radiation exposures within the designated study area due to operation of the proposed facility in conjunction with operation of all existing and all approved but unbuilt or inoperative wireless telecommunications facilities that could measurably contribute to such exposure levels within this designated study area.

(11) A written statement by the applicant conveying willingness to allow other wireless telecommunications service providers to co-locate on the proposed facility wherever technically and economically feasible and aesthetically desirable.

(12) A signed copy of the proposed property lease agreement or license agreement, exclusive of the financial terms of the lease, including provisions for removal of the facility and appurtenant equipment within six months of its abandonment. The final agreement shall be submitted prior to issuance of a building permit for any such facility.

(13) An "Evidence and Needs Report" detailing operational and capacity needs of the applicant's system within the vicinity of the proposed wireless telecommunications facility. The report shall detail how the proposed site or facility is technically necessary to address the current demand for service and to address technical limitations of the applicant's current system. Such report shall be evaluated by a qualified firm or individual, chosen by the chief planning official, and paid for by the project applicant. The chosen firm or individual may request additional information from the project applicant as necessary to sufficiently evaluate the proposed project.

(14) A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by this division and/or the chief planning official.

(15) A description of the anticipated maintenance program and back-up generator power testing schedule.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

From time to time the chief planning official may contract for the services of a qualified outside consultant to supplement staff in the review of a proposed wireless telecommunications facility. The use of outside consultants shall be at the applicant's expense. The costs of these services shall be in addition to all other applicable fees associated with the project.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Notices of a public hearing on any proposed wireless telecommunications facility shall be provided in accordance with sections 106-832 through 106-842.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In addition to the findings required for approval of any conditional use permit, all of the following findings must be made prior to approval of a conditional use permit for any wireless telecommunications facility:

(1) The proposed wireless telecommunications facility has been designed to minimize its visual and environmental impacts, including utilization of stealth technology as warranted.

(2) The site of the proposed wireless telecommunications facility has the appropriate zoning, dimension, slope, design, and configuration for the development of the proposed facility.

(3) The proposed wireless telecommunications facility will provide landscaping in a manner so as to partially screen the facility's structure(s) and antenna(s), and to provide an attractive environment and preserve natural features and elements.

(4) The proposed wireless telecommunications facility is in compliance with all requirements of the FCC and the California Public Utilities Commission, and any other agency with authority to regulate such facilities.

(5) The proposed wireless telecommunications facility is necessary to address current demand capacity or other technical limitations of the system in order to maintain service levels.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Any person dissatisfied by the decision to either approve or deny a conditional use permit for the construction or modification of a wireless telecommunications facility, excluding exempt facilities, may file an appeal in accordance with section 106-817.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The chief planning official may conduct a periodic review of any wireless telecommunications facility to consider whether or not the facility is operating in conformance with the conditions of its discretionary approval or appropriate permits. In addition, the wireless telecommunications facility operator shall provide on a yearly basis a compliance letter outlining the continued compliance with all applicable FCC regulations regarding non-ionizing electromagnetic radiation.

(b) The city shall consider whether or not the wireless telecommunications facility conflicts with emerging land uses approved under the San Fernando General Plan or any applicable specific plan. If the city council determines that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the chief planning official shall work with the telecommunications facility service provider or the property owner to develop a mutually acceptable plan for achieving these mitigations.

(c) The city may conduct spot-check monitoring of wireless telecommunications facility operations at any time for compliance with the requirements of this division and the conditions of approval for a particular facility.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The wireless telecommunications service provider and/or the property owner shall be responsible for the payment to the city of all reasonable costs associated with monitoring the conditions of approval contained in any discretionary approval issued pursuant to this division, including costs incurred by the city or any other affected agency.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Any telecommunications service provider authorized to operate a wireless telecommunications facility may assign the operation of the facility to another service provider licensed by the FCC provided that advance notice of the transfer is given to the chief planning official within 30 days of said change of operator and all conditions of approval for the subject facility are carried out by the new service provider. Notwithstanding the above, a service provider may transfer, without advance notice, operation of a wireless telecommunications facility to its general partner or any party controlling or controlled by the existing service provider.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) If the service provider plans on abandoning an antenna or a wireless telecommunications facility, the service provider shall notify the chief planning official at least 30 days prior to such planned abandonment. Failure to comply with any section of this division shall result in issuance of a compliance order and/or administrative penalties pursuant to article III and IV of chapter 1 of this Code.

(b) If any wireless telecommunications facility is not operated for a continuous period of six months, or falls into disrepair, it shall be considered abandoned. A wireless telecommunications facility considered abandoned shall be removed by the service provider and/or the property owner within three months and the site shall be restored to its original setting. If the abandoned facility is not removed within six months, the city may remove it at the property owner's expense. In the event of a transfer of ownership, the seller shall be responsible for notifying the buyer of this requirement and for notifying the city of the transfer. For co-location facilities, the facility shall not be deemed abandoned until all users cease operation of the facility.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Wireless telecommunications service providers shall fully comply with all provisions of this division and with all conditions of approval related to any permit or approval granted under this division. Failure to comply with all such provisions of this division and with any such conditions of approval shall constitute grounds for revocation of such permit or approval. If a violation of a condition of approval is not remedied within a reasonable period, the chief planning official may schedule a public hearing before the planning commission to consider revocation of the conditional use permit and/or other permit(s) or approval granted under this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All small wireless facilities, as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to a permit, as specified in a city council policy to be adopted by city council resolution. All small wireless facilities shall comply with the city council's policy.

(b) The provisions in this subdivision V shall supersede any conflicting provisions of this Code, including, but not limited to, subdivisions I through IV set forth in division 22 of article IV of chapter 106 (Zoning). All other regulations in this Code not in conflict with this subdivision V shall continue to apply to small wireless facilities subject to this subdivision V. The provisions in this subdivision V are not intended to conflict with, supersede, or limit any applicable federal or California state law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)