Part 15 — WIRELESS TELECOMMUNICATIONS FACILITIES

The purpose of these regulations is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunications facilities. The regulations contained herein are designed to protect and promote public safety, community welfare, and the aesthetic quality of the city, while at the same time not unduly restricting the development of wireless telecommunications facilities, and not unreasonably discriminating among wireless telecommunications providers of functionally equivalent services in accordance with the guidelines and intent of the Telecommunications Act of 1996.

These regulations are further intended to: A. Require the location of new monopoles, towers and antennas in non-residential zoning districts unless technically necessary for provision of the service.

B. Require wireless telecommunications facilities to be designed in a way to minimize adverse visual impacts.

C. Encourage co-location of facilities. D. Protect the public’s interest in the safe operation of public safety, emergency and medical services.

E. Protect the public from exposure to electromagnetic frequency or radio frequency radiation in excess of federal standards.

This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. (Ord. 2004-27 § 1 (part), 2004).

A. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1. “Amateur radio facilities” means antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio

operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2. “American National Standards Institute” or “ANSI” means a private organization that develops widely accepted standards for various modern-day equipment.

3. “Antenna” means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

4. “Base transceiver station” or “BTS” means the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or “site.” The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

5. “California Public Utility Commission” or “CPUC” means the state-level regulatory agency responsible for regulating wireless telecommunications.

6. “Cell” means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

7. “Cell site” means a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

8. “Co-location” means a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

9. “Direct-to-home” generally means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises.

10. “Facade-mounted antenna” means an antenna that is directly attached or affixed to any facade of building.

11. “Feasible” means, for the purpose of this part, capable of being accomplished in a

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successful manner within a reasonable period of time, taking into account environmental, social, and technological factors.

12. “Federal Communications Commission” or “FCC” means the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

13. “Freestanding monopole” means a structure composed of a single spire used to support communications equipment.

14. “Ground-mounted” means an antenna with its support structure placed directly on the ground.

15. Monopole. See “Freestanding monopole.”

16. “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

17. “Omni-directional” means an antenna that is equally effective in all directions (three hundred sixty degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

18. “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as “directional antennas.”

19. “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. This type of installation is sometimes called a “freestanding roof mounted antenna.”

20. “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

21. “Significant gap” means a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

22. “Small cell facilities” means, pursuant to 47 CFR 1.6002, any facilities that meet each of the following conditions: 1. The facilities: a. Are mounted on structures fifty feet or less in height including their antennas; or

b. Are mounted on structures no more than ten percent taller than other adjacent structures; or

c. Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

4. The facilities do not require antenna structure registration by the FCC;

5. The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

7. “Small cell aesthetic/design standards” means the aesthetic and design standards for small cell wireless facilities adopted by the city council.

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24. “Stealth facility” means any telecommunications facility which is designed to blend into the surrounding environment and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roofmounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation, trees, or commonly expected structures for the area in question. Also known as “concealed telecommunications facilities.”

25. “Stealth technologies/techniques” means camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

26. “Telecommunications” means any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

27. “Telecommunication tower” means a monopole, lattice tower, freestanding tower or other structure designed to support antennas.

28. “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

29. Whip antenna. See “Omni-directional.”

30. “Wireless telecommunications facility” means a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a “telecommunication facility.”

31. “Wireless telecommunications provider” means any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

(Ord. 2022-07 § 1, 2022; Ord. 2019-06 § 1, 2019: Ord. 2004-27 § 1 (part), 2004).

A. These regulations shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, and property owned by any agencies of the city, or by any local, state, or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

B. These regulations (Chapter 24.12, Part 15) shall not apply to the following facilities: 1. Amateur radio facilities as provided in 47 CFR Part 97.

2. Over the air receptions devices (OTARDs) as defined and further provided in 47 CFR 1.4000, et seq.

3. Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

4. Small cell facilities located in the public right-of-way outside the coastal zone, which are subject to the requirements of Chapter 15.38.

5. Any other antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations. (Ord. 2022-07 § 2, 2022; Ord. 2019-06 § 2, 2019: Ord. 2004-27 § 1 (part), 2004).

A. Unless a coastal exclusion or exemption as defined in Sections 24.08.230 through 24.08.230.2 applies, and in addition to any other required permit or authorization, a coastal

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permit shall be required for all wireless telecommunication facilities located within the coastal zone, as follows:

1. For all wireless telecommunication facilities other than small cell facilities located in the public right-of-way as specified in subsection (A)(2), the coastal permit shall be governed by the findings and standards in the Local Coastal Program (LCP), including, but not limited to, Chapter 24.08, Part 3, as well as the standards and findings specified herein at Chapter 24.12, Part 15.

2. For small cell facilities in the public right-of-way, the coastal permit shall be governed by the findings and standards in the LCP, including, but not limited to, Section 24.08.200 et seq., as well as the standards and findings specified herein at Sections 24.12.1425 and 24.12.1434. City approval of the coastal permit may be appealed directly to the California Coastal Commission (as further provided in Section 24.04.186).

In case of conflict between the coastal permit and any other permit or authorization, the requirements of the coastal permit shall prevail.

B. Any proposed facade-mounted or roofmounted wireless telecommunications facility (other than small cell facilities located in the public right-of-way, which are covered by Sections 24.12.1425 and 24.12.1434) that is determined by the zoning administrator to be consistent with all of the requirements of this part, and that incorporates stealth technologies and/or is not visible from public areas, shall require a design permit from the zoning administrator based on the following findings:

1. The wireless telecommunications facility has demonstrated consistency with Sections 24.12.1430 and 24.12.1435 (as applicable).

2. The wireless telecommunications facility has been located and designed so as to be compatible with the purpose of this part and the goals and objectives of the General Plan and the Local Coastal Program (if applicable).

3. The wireless telecommunications facility is in compliance with all FCC and Califor-

nia PUC standards and requirements and with all other applicable requirements of this part.

C. Small cell facilities located in the public right-of-way within the coastal zone are exempt from the requirements of subsections (B) and (D), regarding design permit and administrative use permit requirements. Instead, such small cell facilities shall require, in addition to a coastal permit as specified in subsection (A)(2), the following:

1. A small cell wireless facilities permit in compliance with Chapter 15.38 and the city’s small cell aesthetic/design standards;

2. A master license agreement, in a form approved by the city attorney for the use of a city pole in a specified license area, and shall pay a license fee subject to the city’s fee schedule, if any small cell facilities are proposed to be installed on a city pole controlled by the city and located within the public right-of-way. Any applicant seeking a master license agreement shall pay a master license agreement administrative fee subject to the city’s fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The absence of a city-approved master license agreement shall be an independently sufficient basis to deny any application for a small cell facility on such a city pole.

D. All wireless telecommunications facilities that do not meet the criteria defined in subsection (B) or (C) above, shall require an administrative use permit with a public hearing before the zoning administrator, in addition to a design permit with the required findings provided in subsection (B) above.

E. In approving an application, the city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to resubmit a revised proposal for further consideration.

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F. Minor modifications to wireless telecommunications facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

(Ord. 2022-07 § 3, 2022; Ord. 2004-27 § 1 (part), 2004).

A. In addition to meeting standard application submittal requirements for all proposed wireless telecommunications facilities, the wireless telecommunications provider shall provide the following with their application:

1. Site Plan. Provide a site plan that shows the location and the relationship of the proposed telecommunications antennas, base transceiver stations, equipment cabinets and buildings and appurtenant structures to the location of existing features of the site including existing structures, roads, landscaping, trees and other significant natural and constructed features and to structures on adjacent properties.

2. Elevations. Provide elevations of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

3. Section Drawings. Provide section drawings (elevations) of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

4. Visual Analysis. Provide a visual impact analysis including before and after photo simulations from various locations and/or angles from which the public would typically view the site, and a map depicting where the photos were taken. Where the installation would be readily visible from the public rightof-way or from surrounding properties, the application shall include an explanation as to

why, if screening or other techniques to minimize visibility are not proposed, such approaches to reduce the visibility of the installation would not be effective. The zoning administrator may require the submission of photo overlays, scaled models, renderings, and/or field mock-ups to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.

5. Existing and Future Facilities Map. Provide a map, to scale, of the wireless telecommunications provider’s existing and planned facilities and service area(s), including information about the location, height and design, coverage, and significant gaps within the city limits and within one mile therefrom.

6. Miscellaneous and Appurtenant Structures. Provide in all relevant plans all facility related structures and support equipment to be installed. This includes, but is not limited to, the location(s) and method(s) of placement, support, protection, screening, paint and/or other treatments of the antennas, base transceiver stations, equipment cabinets and buildings, cables, and other appurtenances.

7. Screening Techniques. Provide a report describing the proposed means of visually screening unsightly public views of facilities, including submittals of sample exterior materials and colors of towers, antennas, accessory structures (such as equipment cabinets and structures), and security walls. This statement should include a justification of why the proposed height and visual impact of the wireless telecommunications facility cannot be reduced.

he proposed means of visually screening unsightly public views of facilities, including submittals of sample exterior materials and colors of towers, antennas, accessory structures (such as equipment cabinets and structures), and security walls. This statement should include a justification of why the proposed height and visual impact of the wireless telecommunications facility cannot be reduced.

8. Equipment Inventory. Provide the number, type and dimensions of antennas, equipment cabinets, and related facilities proposed for use by the wireless telecommunications provider. The size of equipment cabinets and related facilities are not required if the cabinets and related facilities are located completely underground or entirely within a building, not including an equipment cabinet.

9. Structural Engineering Report. Provide a report from a structural engineer, licensed by

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the state, regarding the number and type of antennas that the proposed or existing structure is designed to support.

10. Site Selection Process. Provide a report indicating whether, and why, each site identified is essential for completion of the wireless telecommunications provider’s coverage objective and need. This report should describe the site selection process including information about other sites which were considered that could service the same or similar coverage area and the reasons for their rejection.

11. Co-location. Provide a report indicating whether the facility could be co-located elsewhere and, if not, why co-location is not being proposed. This report should also state the wireless telecommunications provider’s commitment to allow other wireless telecommunications providers to co-locate antennas on their proposed facilities wherever structurally and technically feasible, and to demonstrate how the facilities have been designed to allow colocation of other carriers (if applicable). Additional information may be requested by the zoning administrator to aid in determining whether or not another wireless telecommunications provider could co-locate on/near their facilities if approved.

12. Federal Communications Commission Compliance. Provide a report prepared by a professional engineer registered in the State of California: (a) stating the power rating for all antennas and backup equipment proposed; (b) verifying that the system, including the antennas, and associated equipment cabinets/structures, conforms to the non-ionizing electromagnetic radiation (NIER) standards adopted by the Federal Communications Commission (FCC), including operating within its frequency assigned by the FCC; and (c) confirming that operation of the facilities, both individually and cumulatively if located adjacent to other wireless communications facilities, will not exceed all adopted FCC standards. The report should confirm that the proposed wireless telecommunications facility shall be

ted by the Federal Communications Commission (FCC), including operating within its frequency assigned by the FCC; and (c) confirming that operation of the facilities, both individually and cumulatively if located adjacent to other wireless communications facilities, will not exceed all adopted FCC standards. The report should confirm that the proposed wireless telecommunications facility shall be

operated in a manner, which complies with the FCC’s regulations regarding signal interference. FCC compliance information should be presented in a concise and easy-to-read format that clearly demonstrates in a non-technical manner the current site conditions, conditions with the proposed project, and FCC thresholds as they relate to all applicable emissions standards.

13. Easements. Provide information about any necessary easements.

14. Safety/Security Plan. Provide a report of the proposed measures to ensure that the public would be kept at a safe distance from any NIER transmission source associated with the proposed wireless communications facility, consistent with the NIER standards of the FCC or any potential future superseding standards. The submitted plans must show that the outer perimeter of the facility site (or NIER hazard zone in the case of rooftop antennas) will be posted with bilingual NIER hazard warning signage that also indicates the facility operator and an emergency contact who is available on a twenty-four-hour a day basis and is authorized by the applicant to act on behalf of the applicant regarding an emergency situation.

15. Maintenance and Monitoring Program. Provide a report to the zoning administrator, which describes in detail the maintenance and monitoring program for the facilities.

B. The zoning administrator may require the applicant to submit additional documentation, which the zoning administrator deems necessary to evaluate the proposed cell site or facility, including but not limited to the following:

1. Other Agency Permits and Licenses. Information sufficient to determine that the wireless telecommunications provider has applied for and received all applicable operating licenses or other approvals required by the FCC and California Public Utilities Commission to provide wireless telecommunications within the city.

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2. Alternative Equipment Configuration. The types and range of sizes of antennas and equipment cabinets, which could serve as alternatives for use by the wireless telecommunications provider.

3. Site Selection Data. Technical data related to the site selection process.

4. Noise Impact Analysis. Provide noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning units and back-up generators.

5. Proof of Irrigation Facilities. Written proof of the availability of any required irrigation facilities on-site prior to permit issuance. This may be in the form of a letter from the owner of the land allowing the wireless telecommunications provider the use of required water facilities for landscaping.

6. Landscape Plan. A landscape plan may be required that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size, and location. This may be required depending on the potential visual impacts of ground-mounted equipment. If deemed necessary by the zoning administrator, an arborist’s report may be also required to verify that the existing landscaping will not be adversely affected by the installation of the facility. The arborist’s report may recommend protective measures to be implemented during construction.

7. Third-Party Technical Review. The applicant will pay the reasonable actual costs and a reasonable administrative fee for the city to hire an independent qualified radio frequency or electrical engineers to evaluate any technical aspect of the proposed telecommunication facility including, but not limited to, compliance with applicable federal emission standards, feasibility of collocation, need for proposed location and suitability of alternative sites, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasi-

bility of alternative screening methods or devices. Any proprietary information disclosed to the city or the consultant in confidence (as noted by the applicant) shall, to the extent permitted by law, not be considered a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The city shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

(Ord. 2004-27 § 1 (part), 2004).

A. Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the zoning districts listed below, except as set forth in subsection (B). This prohibition shall also not apply to small cell facilities in the public right-of-way.

1. Single-Family Residence (RS, R-1).

2. Multiple-Family Residence (RL, RM,

RH).

3. Beach Residential (RT(A), RT(D),

RT(E)).

4. Ocean Front Recreational (OFR).

5. Flood Plain (FP).

6. Agriculture (EA-20).

• B. Wireless telecommunications facilities

may be sited in the prohibited zoning districts described in subsection (A) with an administrative use permit, in addition to any other required permits; provided, that the applicant can demonstrate to the zoning administrator that:

1. The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and

2. There are no viable, feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

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C. Location preference for all wireless telecommunications facilities should be given to the following locations:

1. Locations that do not adversely impact significant public views (e.g., of the beach, shoreline, ocean, natural areas, etc.).

2. Industrial or commercial sites.

3. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include but not be limited to buildings, traffic signals, flagpoles, signs and sign standards.

4. Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

5. Sites outside the coastal zone, and particularly sites located within the Coastal Zone Overlay zone district (as defined in Chapter 24.10, Part 26), where city decisions can be appealed.

D. When feasible and in conformance with other provisions of this chapter, wireless telecommunications providers shall be encouraged to locate their wireless telecommunications facilities on publicly owned or controlled property.

E. Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan or LCP.

F. To the maximum extent feasible, wireless telecommunication facilities are prohibited within one thousand feet of any public elementary school or daycare facility.

G. Additional Site Location Standards for Small Cell Facilities in the Public Right-ofWay and in the Coastal Zone. In addition to the requirements listed above, the following location standards shall also apply to small cell facilities located in the public right-of-way and within the coastal zone:

1. Site locations shall be selected in the following order of preference:

a. Area not visible to the public or area that does not significantly impair public views

(such as in alleys, on rooftops, near property corners or side property lines, or in inconspicuous areas);

b. Attached or sited adjacent to existing structures. Appropriate types of existing structures may include but not be limited to telephone/utility poles and nondecorative light standards;

c. Area not requiring the removal of existing infrastructure, parkway trees or reductions of the parkway landscape planters;

d. Within the public parkway landscaping and requiring only minor alterations to the existing parkway landscaping (including planter size) and/or infrastructure;

e. Within the public right-of-way in a manner that requires significant but feasible alteration to the existing public improvements and/or infrastructure.

2. To the maximum extent feasible, the following site locations shall be prohibited:

a. Facility site locations that lead to removal of any existing public parking areas. b. Facility site locations directly in front of residences and businesses.

c. Facilities with components located within driveway and intersection sight lines.

d. Site locations in Residential and Commercial Zoning Districts that are within one thousand five hundred feet of another small cell facility and any associated equipment; provided, however, that this restriction may be waived by the zoning administrator upon a demonstration that the refusal to allow an additional facility within a one-thousand-five-hundred-foot radius will otherwise violate an applicable state or federal law.

e. Facilities on strand or overhead lines. f. Facility site locations that will negatively impact public recreation and access, or damage a known or sensitive archaeological site.

g. Site locations that adversely impact significant public views (e.g., of the beach, shoreline, ocean, natural areas, etc.), including those

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locations identified in Map CD-3 of the Local Coastal Program.

(Ord. 2022-07 § 4, 2022; Ord. 2019-06 § 3, 2019: Ord. 2009-01 § 1, 2009: Ord. 2004-27 § 1 (part), 2004).

The following wireless telecommunications facilities and mounting techniques are listed in order of preference:

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report, paid for in advance by the applicant, to evaluate the applicant’s request. Factors to be considered are: whether or not another site exists where a more preferred method of installation could be met; whether the future addition of another wireless telecommunications facility could affect the future height of the proposed facility; and whether there is any other technically feasible method of siting the facility that would reduce the overall proposed height.

5. Notwithstanding any other provision of this section, no freestanding monopole antennas shall exceed the height required for the zoning district in which it is located. (Ord. 2004-27 § 1 (part), 2004).

Small cell facilities located in the public right-of-way and which require a coastal permit shall comply with the following standards and requirements:

A. Pole Type Preferences. Facilities on poles shall be sited in the following order of preference:

1. On an existing or replacement street light pole;

2. On an existing or replacement structure other than a street light pole or utility pole;

3. On an existing or replacement utility pole.

B. Equipment Preferences. Equipment (including, but not limited to, radio units, power supplies, voltage converters, electrical service connections, shut-off switches and electric meters) shall be sited in the following order of preference:

1. Within a below-grade equipment vault;

2. In an at-grade equipment cabinet, provided the size of the cabinet is minimized to the maximum extent feasible. At-grade equipment cabinets shall participate in the traffic graphics program or pay an in-lieu fee depending on the

location (i.e., commercial or residential areas) at the discretion of the decision making body;

3. Enclosed at the base of the pole on which the antenna is mounted provided the size of the base of the pole is minimized to the maximum extent feasible;

4. Equipment boxes using stealth techniques mounted on a utility pole, provided the size of the boxes is minimized to the maximum extent feasible.

C. Visual, Public Access, and Archaeological Impact Avoidance. To the maximum extent feasible, such facilities shall be sited and designed in a manner that avoids overall visibility, and eliminates or substantially reduces their visual and aesthetic impact upon the surrounding public right-of-way, archaeological resources, public views and public access. Measures to achieve this objective may include but are not limited to the following:

1. The number of antennas on each site shall be minimized to the maximum extent feasible with the goal of minimizing adverse visual impacts.

2. To the maximum extent feasible, the antenna size, cabinet equipment and other facilities shall minimize visual clutter.

3. The project shall use the smallest and least visible antennas feasible to accomplish the coverage objectives. Facilities that are proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within one hundred feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

4. To the maximum extent feasible, facilities shall not be designed in such a manner that will negatively impact public recreation and access, or damage a known or sensitive archaeological site.

5. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual

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impacts of the facilities to the maximum extent feasible. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval for a coastal permit when determined to be necessary to mitigate adverse visual impacts.

D. Design Standards.

1. Any pole to be installed in the public right-of-way shall be disguised to resemble a utility pole to the maximum extent feasible. Facility’s antennas shall not exceed a diameter of fifteen inches. All antennas and screening devices shall be painted or finished to match the pole. All poles or equipment shall be painted or otherwise coated to be visually compatible with existing poles and equipment. Facilities shall be placed on the same vertical axis as the center of the pole.

2. Small cell facility installations on existing city infrastructure shall be placed in a manner so that the size, appearance and function of the final installation is essentially identical to the installation prior to the antenna installation taking place.

3. Small cell facility installations shall not be located on decorative street light poles.

4. Small cell facility equipment located above the surface grade in the public right-ofway including but not limited to those on certain street lights shall consist of small equipment components that are compatible in structure, scale, function and proportion to the poles they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with the subject pole (may include public art). Underground vaults shall employ flushto-grade access portals and vents that are heel shoe safe and slip safe; provided, however, that this restriction shall not apply in flood-prone areas.

5. All cables and conduits shall be routed through the interior of the subject pole to be screened from public view; provided, however, that for wood poles, all cables shall be con-

tained within conduit, and conduits shall be mounted and routed in a manner calculated to minimize their visibility to the maximum extent feasible.

6. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and basemounted equipment shall be concealed from public view.

7. Small cell facilities may not encroach onto or over any private or other property outside the public right-of-way without the property owner’s express written consent.

8. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

E. Noise Standards. Facilities and all accessory equipment and transmission equipment shall comply with all applicable noise control standards and regulations in the LCP and shall be operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities to the maximum extent feasible. To the maximum extent feasible fans shall not be used. If not feasible, noise attenuation measures shall be required for all fans. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of small cell facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities which do not generate audible noise may occur at any time, unless otherwise prohibited by the zoning administrator.

F. Lighting Standards. Small cell facilities shall not include any lights that would be visi-

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ble from publicly accessible areas except for during night maintenance checks or emergencies, and except as may be required under Federal Aviation Administration, FCC, or other applicable regulations for health and safety. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety. All small cell facilities and equipment (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas, and shall avoid glare and illumination of adjacent properties to the maximum extent feasible. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required by the city.

G. Signage. Small cell facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small cell facilities shall also include signage for hazardous or toxic materials warning where applicable. Small cell facilities may not bear any advertisements, identifying logos, or any other signage unless expressly approved by the city, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. To the maximum extent feasible, signs shall be above eye level and hidden from public view with background matching the color of equipment unless otherwise required by the FCC or other regulatory agencies. All signs shall be legible from a distance of at least ten feet from the small cell facility. No sign shall be greater than two square feet in size. The design, materials, colors and location of any signage shall be subject to zoning administrator’s review and approval.

m public view with background matching the color of equipment unless otherwise required by the FCC or other regulatory agencies. All signs shall be legible from a distance of at least ten feet from the small cell facility. No sign shall be greater than two square feet in size. The design, materials, colors and location of any signage shall be subject to zoning administrator’s review and approval.

H. Maintenance and Repair. 1. Small cell facilities, including, but not limited to, antennas, towers, equipment, cabi-

nets, structures, accessory structures, and signs shall be maintained by the wireless telecommunications provider in good condition and in their approved and/or required state. This shall include keeping all facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

2. Any landscaping associated with or required in connection with the permitting of the small cell facility, including landscaping of the public right-of-way, shall be maintained in good, healthy condition at all times. Any dead or dying landscaping shall be promptly replaced or rehabilitated by the wireless telecommunications provider.

3. The applicant or successor in interest shall repair, at its sole cost and expense, any damage (including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to public utilities, infrastructure, and property, including city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems or sewer lines that results from any activities performed in connection with the installation and/or maintenance of a small cell facility by applicant or successor in interest. In the event the applicant or successor in interest fails to complete said repair within the number of days stated on a written notice by the city, the city shall cause said repair to be completed and shall invoice the applicant or successor in interest for all costs incurred by city as a result of such repair.

4. All sidewalk panels affected by any work associated with the installation of a small cell facility shall be restored to their original condition.

5. Structural foundations must be removed when removing structures from the right-of-way.

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I. Security and Safety.

1. Facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. Facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices. No barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures shall be permitted. All exterior surfaces on small cell facilities shall be constructed from or coated with graffiti-resistant materials.

ditions, visual blight, or attractive nuisances. Facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices. No barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures shall be permitted. All exterior surfaces on small cell facilities shall be constructed from or coated with graffiti-resistant materials.

2. Small cell facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:

a. Within forty-five days of initial operation or modification of a small cell facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five-day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.

b. All small cell facilities shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission (FCC). The wireless telecommunications provider shall hire a professional engineer registered in the state of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the FCC’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect

to compliance with the FCC standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the FCC standard, the zoning administrator may schedule a public hearing to consider revocation of the permit in accordance with Section 24.04.225.

J. Natural Disaster. Small cell facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

2. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

3. Small cell facilities shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

4. All connections between various components of the small cell facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

5. Measures shall be taken to keep small cell facilities in operation in the event of a disaster.

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6. An electrical permit from the planning and community development department shall be required for the electric service associated with construction, installation, repair or alteration of all support structures for small cell facilities.

K. Cessation, Abandonment, or Revocation. Upon six months after the cessation or abandonment of the use of a small cell facility under this section for any reason, or revocation of any applicable permits, the wireless telecommunications provider shall restore the site to its original preconstruction condition to the satisfaction of the city and comply with any notice or other requirements provided in subsection (J).

L. Transfer of Ownership. In the event that the original permittee sells its interest in or transfers ownership of a small cell facility under this section, the succeeding carrier shall provide proof of obtaining all required approvals to operate the small cell facility satisfactory to the city, shall assume all responsibilities concerning the facility, and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility. Any required signs by the city shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

M. Compliance with Applicable Laws.

1. The applicant or successor in interest shall install and maintain permitted small cell facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, and any and all applicable federal and state laws, codes, and regulations.

2. The applicant or successor in interest shall also install and maintain permitted small

cell facilities in compliance with any applicable city noise standards, the city’s small cell aesthetic/design standards, and all other applicable local codes, laws, and regulations, except to the extent that such standards conflict with those specified herein, in which case this section shall apply.

3. Americans with Disabilities Act. All small cell facilities and their locations shall comply with the Americans with Disabilities Act.

(Ord. 2022-07 § 5, 2022).

The following requirements are applicable to all wireless telecommunications facilities, except for small cell facilities in the public right-of-way and within the coastal zone, and except for exempt facilities described in Section 24.12.1410:

A. Visual Effect. All proposed wireless telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible. Measures to achieve this objective may include but are not limited to the following:

1. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner’s/operator’s coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within one hundred feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

2. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. Wireless telecommunications facilities shall not be located on city, state or federal registered historic buildings. When proposed within a designated historic district wireless telecom-

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munications facilities shall be limited to facade-mounted facilities only and integrated architecturally with the style and character of the structure and the district or otherwise made unobtrusive. No wireless telecommunications facility shall be sited such that its design and/or construction will damage a known or sensitive archaeological site.

3. Whenever possible, base transceiver stations, equipment cabinets and buildings, back-up generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope. If this is not feasible, the equipment shall be low profile, screened, fenced, landscaped, painted, or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable) and should be a visually pleasing feature.

4. All ground-mounted base transceiver stations, equipment cabinets, and utility panels for telecommunications facilities shall be limited to a maximum height of ten feet above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten-foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten-foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

5. No advertising signage or identifying logos shall be displayed on wireless telecommunication facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

6. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual

impacts for all telecommunication facilities. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval when determined to be necessary to mitigate adverse visual impacts.

7. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The zoning administrator may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review. The use of chainlink fencing is discouraged and the use of razor wire is prohibited.

B. Landscaping. Landscaping may be required to visually screen wireless telecommunications facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator’s review and approval. Landscaping guidelines include but are not limited to the following:

1. To the extent feasible, existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation 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 deemed necessary to provide screening of wireless communications facilities and related access roads.

2. All trees used in landscaping shall be a minimum of fifteen gallons in size and all shrubs a minimum of five gallons, unless otherwise approved.

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3. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction.

4. The applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees acceptable to the zoning administrator in an amount equal to one hundred fifty percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the length of the permit.

5. All landscape design shall meet the water efficiency landscaping requirements of this code, including installing or upgrading existing irrigation systems if necessary.

C. Access Roads. All wireless telecommunications facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed wireless telecommunications facility.

D. Setbacks. Wireless telecommunication facilities shall comply with all applicable setback regulations of the zoning district in which they are situated.

1. All setbacks shall be measured from the furthest extent of a wireless telecommunications facility to the closest applicable property line or structure, with the exception of equipment shelters.

2. Ground-mounted or freestanding monopole facilities shall be set back at a distance not less than the height of the structure from any residentially zoned land.

3. Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure. Underground equipment shelters or cabinets may adjoin property lines, if approved by the building official.

E. Number of Antennas and Facilities Permitted. The number of antennas allowed per site shall be determined on a case-by-case basis by the zoning administrator with the goal of minimizing adverse visual impacts.

F. Noise. All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of wireless telecommunications facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities which do not generate audible noise may occur at any time, unless otherwise prohibited by the zoning administrator.

G. Interference. All wireless telecommunications facilities shall be operated in a manner which complies with the Federal Communications Commission’s regulations regarding signal interference.

H. Maintenance and Safety. All wireless telecommunications providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the wireless telecommunications provider for use in case of an emergency.

1. The design, materials, colors and location of the identification signs shall be subject to zoning administrator’s review and approval. All signs shall be legible from a distance of at least ten feet from the wireless telecommunications facility. No sign shall be greater than two square feet in size.

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2. If at any time a new wireless telecommunications provider takes over operation of an existing wireless telecommunications facility, the new wireless telecommunications provider shall notify the planning and community development department of the change in operation within thirty days and the required and approved signs shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunications provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

3. All wireless telecommunications facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition. This shall include keeping all wireless telecommunications facilities graffitifree and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

4. All wireless telecommunications facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:

a. Within forty-five days of initial operation or modification of a wireless telecommunications facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five-day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and

periodically reconfirm compliance with the provisions of this chapter.

b. Every wireless telecommunications facility shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission. The wireless telecommunications provider shall hire a professional engineer registered in the state of California and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the Federal Communications Commission’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the Federal Communications Commission standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the Federal Communications Commission standard, the zoning administrator may schedule a public hearing to consider revocation of the permit. After conducting the hearing, if the hearing body determines that the wireless telecommunications provider has failed to supply the required reports or remains in continued noncompliance, the hearing body may modify or revoke all approvals.

I. Natural Disaster. All wireless telecommunications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Nonflammable exterior wall and roof covering shall be used in the construction of all above-ground equipment shelters and cabinets.

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2. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4. Wireless telecommunications facility towers shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5. All connections between various components of the wireless telecommunications facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

6. Measures shall be taken to keep wireless telecommunications facilities in operation in the event of a disaster.

7. All equipment shelters and wireless telecommunications facility towers shall be reviewed and approved by the city fire department.

8. A building permit shall be required for the construction, installation, repair or alteration of all support structures for wireless telecommunications facilities equipment. Wireless telecommunications facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

9. All reports, certifications and verifications required to be prepared and maintained by this section shall at all times be readily available for public examination and review. To this end, upon the request of any person to the city or any wireless telecommunications provider, the city or provider shall promptly make any such report, certification or verification available for review and/or copying. Reasonable

copying cost reimbursement may be required. In addition, the wireless telecommunications provider shall post all current reports, certifications and verifications at the site of the wireless telecommunications facility to which they pertain.

J. Cessation of Operation On Site. 1. Wireless telecommunications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

3. All equipment associated with a wireless telecommunications facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original preconstruction condition. An exception to this subsection may be made by the zoning administrator for one extension of up to twelve months if the property owner continues to make a good faith attempt to sell or lease the property as a wireless telecommunications facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

4. Any wireless telecommunications provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator.

K. Transfer of Ownership. In the event that the original permittee sells its interest in a wireless telecommunications facility, the succeeding carrier shall assume all responsibilities concerning the project and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and commu-

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nity development department within thirty days of transfer of interest of the facility.

L. Co-location. Where technically, legally, and fiscally feasible, co-location of new wireless telecommunications facilities onto existing telecommunications groundmounted and freestanding monopole towers shall be required. Co-location may require that height extensions be made to existing towers or wireless telecommunications facilities to accommodate additional users, or may involve constructing new multi-user facilities that replace existing single-user capacity towers.

M. Lighting. The use of exterior lighting shall be manually operated and used only during night maintenance checks and emergencies unless specifically required by the Federal Aviation Administration or other governmental agencies. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety and in all instances be designed so as to avoid glare and illumination of adjacent properties. (Ord. 2022-07 § 6, 2022; Ord. 2004-27 § 1 (part), 2004).

TELECOMMUNICATIONS FACILITIES.

A. The wireless telecommunications facility which was approved by the city or legally installed prior to the effective date of this chapter and which does not comply with these regulations on the date of its adoption shall be considered a preexisting legal nonconforming use.

1. Legal nonconforming wireless telecommunications facilities shall be permitted to remain until the lessor’s lease, including exercised renewals, with the property expires.

2. Legal nonconforming wireless telecommunications facilities shall not be altered or modified unless approved by the zoning administrator subject to the determination that the alteration or modification will cause the

wireless telecommunications facility to be in greater conformance with this chapter.

B. Wireless telecommunications facilities approved by the city prior to the effective date of this chapter, which comply with the provisions of this chapter, shall be subject to the regulations in this chapter.

C. A wireless telecommunications facility, approved by the city prior to the effective date of this chapter, that ceases operations for a period of six months or more shall be immediately removed, unless the wireless telecommunications facility complies with the permit requirements found in Section 24.12.1415.

D. If a wireless telecommunications facility approved by the city after the effective date of this chapter meeting the requirements of this chapter, but it is no longer allowed in its applicable zoning district, the wireless telecommunications facility shall be permitted to remain until such time as the lessor’s lease, including renewals, with the property expires. (Ord. 2004-27 § 1 (part), 2004).

A. Should the zoning administrator determine that the wireless telecommunications facility may no longer be in compliance with this chapter, the zoning administrator may, at his/her discretion, schedule a public hearing before the previous decision maker at which time the decision maker may modify or revoke an approval if the decision maker finds that:

1. The report showing that the wireless telecommunications facility complies with the current Federal Communications Commission radio frequency standards, as required in Section 24.12.1435(H)(4) of this chapter, has not been submitted to the zoning administrator.

2. The wireless telecommunications facility fails to comply with the requirements of this chapter as they exist during the compliance review, and the wireless telecommunications provider has failed to supply assurances acceptable to the zoning administrator that the facility

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will be brought into compliance within ninety days.

3. The wireless telecommunications provider has failed to comply with the conditions of approval imposed.

4. The wireless telecommunications facility has not been properly maintained as defined in this ordinance.

5. The wireless telecommunications provider has not agreed in writing to upgrade the wireless telecommunications facility within six months to minimize the facility’s adverse visual impact to the greatest extent permitted by the technology that exists during the compliance review. The zoning administrator, with the aid of an independent industry expert, shall determine if a new technology shall further minimize a facility’s adverse visual impact and if a facility shall be required to be upgraded. A wireless telecommunications facility shall not be upgraded unless it shall continue to comply with the requirements of this chapter, as they exist at that time.

Notwithstanding the foregoing, no public hearing to schedule modification or revocation pursuant to this section shall be calendared until the zoning administrator has first provided a written notice to the wireless telecommunications provider including with reasonable specificity: (a) the nature of the deficiency or violation; (b) a reasonably ascertainable means to correct such deficiency or violation; and (c) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than thirty days from the date of notification or such lesser period as may be warranted by virtue of a public emergency.

B. The decision to modify or revoke may be appealed pursuant to Section 24.04.180 of this code.

C. An approval for a wireless telecommunications facility may be modified or revoked as described in this section.

D. The terms of this section shall not apply to preexisting legal nonconforming wireless communications facilities. (Ord. 2004-27 § 1 (part), 2004).

All wireless telecommunications facilities shall meet the current standards and regulations of the Federal Communications Commission, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless telecommunications providers. If such standards and regulations are changed, the wireless telecommunications provider shall bring its facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring wireless telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the wireless telecommunications provider’s expense.

(Ord. 2004-27 § 1 (part), 2004).

A. The wireless telecommunications provider shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers or employees to attack, set aside, void or annul the approval of the project, unless such claim, action or proceeding is based on the city’s negligence or misconduct. The city shall promptly notify the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the city from participating in a defense of any claim, action or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith.

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B. Wireless telecommunications providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their wireless telecommunications facilities within the city. This liability shall include responsibility for clean-up, injuries or damages to persons or property. Additionally, wireless telecommunications providers shall be responsible for any sanctions, fines or other monetary costs imposed as a result of the release of pollutants from their operations.

C. Wireless telecommunications providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the current Federal Communication Commission’s standards.

(Ord. 2004-27 § 1 (part), 2004).

A. Wireless telecommunications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter obsolete. The city shall review this ordinance at least once every five years from the date of adoption.

B. Whenever a wireless telecommunications facility provider applies to locate a significantly different type of technology in the city, the city shall review this chapter for its applicability prior to the approval of the placement and/or design of the new technology.

C. The city shall review, and may revise, this chapter after a change to the Federal Communication Commission’s regulations, which states that local governments may regulate wireless telecommunications facilities based on their health effects.

(Ord. 2004-27 § 1 (part), 2004).

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the

validity of the remainder of the chapter, which shall continue in full force and effect. (Ord. 2004-27 § 1 (part), 2004).