City of Sunnyvale, CA Chapter 19.54 WIRELESS TELECOMMUNICATION FACILITIES

§ 19.54.010 Purpose and intent.

(a) The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunication facilities and antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the general plan, the telecommunications policy and the city-wide design guidelines, while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the guidelines and intent of the Telecommunications Act of 1996.

(b) It is intended that the city shall apply these regulations in furtherance of the goals and policy objectives as set forth in the telecommunications policy, recognizing the city's roles as regulator, service provider, facilitator and user, including, but not limited to, the following:

(1) To retain control of public property within the confines of state and federal legislation to regulate wireless telecommunications services;

(2) To promote universal access to wireless telecommunications services;

(3) To use wireless telecommunications to maintain and enhance information resources and services;

(4) To promote use of wireless telecommunications technology, where appropriate and within the scope of available resources, to enhance the economic vitality of Sunnyvale;

(5) To facilitate the creation of an advanced wireless telecommunications infrastructure, within given resources, for citizens, businesses, industries and schools.

(c) Consistent with the foregoing purpose and objectives, and pursuant to the city's inherent police power authority to regulate such uses through zoning, building and safety requirements, the city seeks to:

(1) Protect the city from potential adverse effects of wireless telecommunication facility development;

(2) Retain local responsibility for management of the use of public rights-of-way;

(3) Facilitate the development of high-quality wireless telecommunications infrastructure and services to serve the citizens and business community of the city;

(4) Ensure that the wireless telecommunications infrastructure is designed to enhance and not interfere with the city's emergency response network;

(5) Streamline the process for obtaining necessary permits for wireless telecommunication facilities while at the same time ensuring compliance with all applicable zoning, building, health and safety requirements under this code.

(Prior zoning code § 19.70.010; Ord. 2623-99 § 1)

§ 19.54.020 Minimum application requirements.

In addition to meeting standard application submittal requirements for discretionary permits, detailed in other chapters in Title 19, all wireless telecommunication facility carriers or providers, upon submitting an application for approval of a telecommunication facility pursuant to this chapter, shall comply with the following requirements and provide:

(a) Name, address and telephone number of the officer, agent or employee responsible for processing the application;

(b) A map and narrative description of all telecommunication sites proposed or planned by applicant, including the specific site which is the subject of the application, which are to be located within the city and within one mile of any border of the city;

(c) A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites;

(d) Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application;

(e) A visual impact analysis, maximum silhouette and proposed or required screening. The visual impact analysis shall include scaled elevation diagrams within the context of the building, and photo simulations and may require photo overlays, scaled models, renderings, or mockups. A map depicting where the photos were taken shall be included;

(f) Any application for a proposed facility which has been identified as not meeting the general requirements and design criteria shall include a narrative description and explanation of anticipated corrective measures;

(g) At the discretion of the director of community development, the applicant may be required to provide an authorization and waiver to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant;

(h) Where applicable, a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan);

(i) Name and address of the provider of service connecting the applicant's wireless facilities to one or more mobile telephone switching facilities and/or long-distance providers, or the public switched telephone network, and a statement about whether the service is wired or wireless. If at any time this information changes, the city must be provided with updated information promptly;

(j) Any other relevant information as required by the director of community development.

(Prior zoning code § 19.70.030; Ord. 2623-99 § 1)

§ 19.54.030 General requirements.

The following general requirements apply at all times to all wireless telecommunications facilities located on private or public property in all zoning districts:

(a) Each facility must comply with any and all applicable provisions of the Sunnyvale Municipal Code, including but not limited to provisions concerning streets and sidewalks and provisions of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, and any conditions of approval imposed as part of the approval process. As to any specific requirement which will not be satisfied, applicant shall provide a written narrative explanation which shall include, but not be limited to, the following information: specific identification of each requirement or requirements with which the proposed facility will not be in compliance; a detailed explanation why full compliance will not or can not be achieved; and as to each identified requirement, a description of feasible alternate measures proposed by the applicant which are designed to compensate for lack of compliance with the specific requirement.

(b) Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any state or federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.

(c) Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to RF emissions.

(d) Interference with city communication systems is prohibited. All proposed facility applications shall include reports, as required by the department of public safety, to evaluate for potential interference (HF, UHF, VHF, eight hundred mHz). The applicant shall be responsible for any costs incurred by the city, including the costs of retaining consultants, to review and analyze the reports.

(e) The owner or operator of any facility shall obtain and maintain current at all times a business license issued by the city.

(f) The owner or operator of any facility shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. Applicant shall notify city of any changes to the information submitted within thirty days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following:

(1) Identity, including name, address and telephone number, and legal status of the owner of the facility includ-ing official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

(2) Name, address and telephone number of a local contact person for emergencies;

(3) Type of service provided.

(Prior zoning code § 19.70.040; Ord. 2623-99 § 1; Ord. 3031-13 § 1)

§ 19.54.040 Design requirements.

In addition to all other requirements set forth in this chapter, all wireless telecommunication facilities shall meet the following design requirements:

(a) Based on potential aesthetic impact, the order of preference for facility type is: façade mounted, roof mounted, ground mounted, and freestanding tower. If a ground mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not being considered.

(b) All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

(c) Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.

(d) Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety or FAA regulations, and in all instances shall be designed so as to avoid glare and minimize illumination on adjacent properties.

(e) Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.

(f) Façade mounted equipment shall be camouflaged by incorporating the antenna into the dominant design elements of the building; they shall be painted and textured to match the existing structure, and shall not project beyond a maximum of eighteen inches from the face of the building or other support structure unless allowed by a minor use permit.

(g) Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding thirty-nine inches in diameter shall be located within a required setback unless approved through a miscellaneous plan permit upon a showing that no reasonable alternative location is available.

(h) All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climb-ing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

(i) Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted where such vegetation is deemed necessary to provide screening or to minimize the visual impact of the facility.

(j) All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation.

(k) Roof mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. Roof mounted antennas shall be designed to minimize their visibility.

(l) In order of preference, ancillary support equipment for facilities shall be located either within a building, in a rear yard or on a screened roof top area. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment for minimal visual impact.

(m) No freestanding facility or ancillary support equipment may be located between the face of a building and a public street, bikeway or park, except for approved facade-mounted equipment or facilities located on existing or new permitted structures in accordance with this section.

(n) The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impact associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.

(o) Landscaping, including shrubs and trees shall be used, when possible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties.

(p) Freestanding facilities, including towers, lattice towers, and monopoles, shall be restricted to a maximum height of sixty-five feet when located adjacent to residentially zoned properties. New facilities located on private property shall be set back at a ratio of two horizontal feet for every one foot in height. Facilities located on private property shall not be readily visible to the nearest residentially zoned property.

(q) At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and reduced size so as to reduce visual impact.

(r) Except as approved by use permit, no component of any facility shall be located within required front or side yard setbacks, except for facilities mounted on poles in the public right-of-way, or facilities and related equipment not readily visible mounted on existing or new structures already allowed by the Municipal Code. No facility component shall be located so that it straddles a property line.

(s) Proposed facilities shall not reduce below the amount required the number of available parking spaces.

(Prior zoning code § 19.70.050; Ord. 2623-99 § 1; Ord. 3031-13 § 2)

§ 19.54.050 Operation and maintenance standards.

All wireless telecommunication facilities shall comply at all times with the following operation and maintenance standards:

(a) All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight hours from the time of notification by the city.

(b) Each facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible.

(c) Each facility for which a landscape plan was required and approved shall maintain the facility and site in accordance with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to the director of community development.

(d) Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of ten p.m. and seven a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of sixty dB at the property line.

(e) Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.

(Prior zoning code § 19.70.060; Ord. 2623-99 § 1)

§ 19.54.060 Structural standards.

All wireless telecommunication facilities shall, at all times, comply with all applicable requirements of the Uniform Building Code in effect on the date the building permit is issued. Thereafter, upon renewal of the permit, the chief build-ing official may, at his or her discretion, require the facility to be upgraded to meet then-current requirements if it is deemed necessary to protect the public health, safety and welfare.

(Prior zoning code § 19.70.070; Ord. 2623-99 § 1; Ord. 3212-23 § 6)

§ 19.54.070 Residential districts.

Wireless telecommunication facilities are prohibited on private property in all residential zoning districts unless specifically authorized or exempted pursuant to this chapter.

(Prior zoning code § 19.70.080; Ord. 2623-99 § 1)

§ 19.54.080 Telecommunication facilities permits.

The type of permit required for telecommunication facilities, and any applicable exemptions, are set forth in Table 19.54.080.

Table 19.54.080 Telecommunications Facilities Permits
Zoning Districts	Exemptions	Miscellaneous Plan Permits	Minor Use Permits	Major Use Permits
Residential, Public Facilities, Commercial and Office   R-0, R-1, R-1.5, R-1.7, R-2, R-3, R-4, R-5, RMH, C-1, C-2, C-3, C-4, O, PF, DSP, LSP, PPSP, MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, O-R, ECR-C, ECR-MU, ECR-O, ECR-PF, ECR-R3, ECR-R4	For all properties:   (1) DBS, MMDS or TVBS antennas, provided that: (a) Antenna has diameter of 39″ or less. (b) Antenna is mounted on mast less than 12′ high. (c) Antenna is not located in a historic district or on a historic building. (d) To the extent feasible, the antenna location is not readily visible from public right-of-way. (e) Amateur radio antennas not exceeding maximum building height limits of zoning district by 25′.	For properties with residential uses:   Receive-only parabolic dishes or antenna > 39″ in diameter.   For properties with nonresidential uses:   (1) Ground mounted antenna up to 15′ high and 6″ in diameter. (2) Façade mounted antenna not readily visible and no projection more than 18″ from façade. (3) Roof mounted antenna or antennas mounted on an existing electrical transmission tower that are not readily visible and do not extend above the structure ridgeline	For properties with nonresidential uses:   (1) Façade mounted antennas extending above structure ridgeline or projecting more than 18″ from building façade. (2) Roof mounted antennas or antennas mounted on an existing electrical transmission tower which extend up to 15′ above the structure ridgeline. (3) Any facility or equipment which, when installed, would result in 2 or more telecommunications facilities at the same property.	For properties with nonresidential uses:   (1) Satellite earth stations. (2) New freestanding facilities including monopoles, lattice towers and other towers up to a maximum of 65′ in height. (3) Any facility located in the required side or front yard setbacks. Such facilities must meet design standards. (4) Facilities not otherwise enumerated
Industrial   MS, M3, MP-TOD, MP-C, MP-I, MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, M-S/LSAP, M-S/LSAP 60%, M-S/LSAP 120%	Same as for Residential and Public Facilities	(1) Receive-only parabolic dishes or antennas greater than 39″ in diameter. (2) Ground mounted antennas not exceeding 15′ in height and 6″ in diameter. (3) Façade mounted antennas extending above the structure ridgeline or projecting more than 18″ from the building façade. (4) Roof mounted antennas or antennas mounted on an existing electrical transmission tower extending up to 15′ above the structure ridgeline. (5) Any facility or equipment which, when installed, would result in 2 or more telecommunications facilities at the same property. (6) Monopoles, lattice towers or other towers up to 65′, if located more than 1,000′ from the right-of-way of a freeway, expressway or arterial street. (7) Antennas mounted on an existing electrical transmission tower	(1) Roof mounted antennas or antennas mounted on an existing electrical transmission tower extending more than 15′ above the structure ridgeline. (2) Monopoles, lattice towers or other towers > 65′ but < 90′ high, and located more than 1,000′ from the right-of-way of a freeway, expressway or arterial street.	(1) Satellite earth stations. (2) Monopoles, lattice towers or other towers > 65′ but < 90′ high, which is located less than 1,000′ from the right-of-way of a freeway, expressway or arterial street. (3) Monopoles, lattice towers or other towers > 90′ high. (4) Facilities or equipment located in the front or side yard setbacks of properties not in residential use. (5) Freestanding facilities include towers, lattice towers and monopoles which will be located within 1,000′ of another freestanding facility. (6) Facilities not otherwise enumerated

(Prior zoning code §§ 19.70.100(a)—(c)(5), 19.70.110(a)—(c), 19.70.120; Ord. 2623-99 § 1; Ord. 2649-00 § 11; Ord. 2906-09 § 12; Ord. 3103-16 § 3; Ord. 3181-21 § 3; Ord. 3194-22 § 14)

§ 19.54.090 Exempt telecommunication facilities.

(a) Installation of any of the antennas and/or appurtenant equipment identified in Table 19.54.080 as exempt which complies with all applicable provisions of Title 16 of this code and which does not pose a threat to the safety of any person does not need a land use permit. The building official is authorized to determine whether special measures may be required to ensure that the antenna will not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation.

(b) The city finds that amateur (including ham and short wave) radio operators provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions, and therefore specifically exempt amateur radio antenna from the requirements of this chapter; provided that the antenna does not exceed the maximum building height for the zoning district in which it is located by more than twenty-five feet.

(Prior zoning code § 19.70.090; Ord. 2623-99 § 1)

§ 19.54.100 Miscellaneous plan permit required.

(a) The determination of whether or not a proposed facility meets the requirements for a miscellaneous plan permit is at the discretion of the director of community development. The director has the discretion to require that the application be processed for a minor use permit or use permit.

(b) Minor modifications and aesthetic upgrades to all wireless telecommunication facilities are as determined by the director of community development and in accordance with this chapter.

(Prior zoning code § 19.70.100(d)—(e); Ord. 2623-99 § 1)

§ 19.54.110 Minor use permit required.

(a) In all zoning districts, on public or private property, including the public right-of-way, any wireless telecommunication service established for use by the city which is not governed by state or federal design criteria and which is unable to meet the design requirements or other location requirements of this chapter, shall be subject to approval of a minor use permit. The findings to be made are:

(1) The project is necessary to provide essential city services;

(2) The proposed project attains the objects of the general plan and the telecommunication policy;

(3) The proposed project will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity;

(4) The site is physically suited for the project, and design and location alternatives have been determined to be infeasible by the director of information technology;

(5) The project meets the radio frequency emissions safety standards and operation and maintenance standards of this chapter.

(b) The determination of whether or not a proposed facility meets the requirements for a minor use permit is at the discretion of the director of community development. The director has the discretion to require that the application be processed for a use permit.

(c) The decision of the director of community development may be appealed to the city manager, whose decision is final.

(Prior zoning code § 19.70.110(d)—(e); Ord. 2623-99 § 1)

§ 19.54.120 Permit review, renewal and revocation procedures.

(a) The city finds that the technology associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates the telecommunication antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. The city further finds that it is in the interest of the public health, safety and welfare that telecommunication providers be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as technological improvements become available. Before January 31st of each even numbered year following the issuance of any permit authorizing establishment of a wireless telecommunication facility, an authorized representative for each wireless carrier providing service in the city of Sunnyvale shall provide written certification to the city executed under penalty of perjury that: (1) each facility is being operated in accordance with the approved local and federal permits and includes test results that confirm the facility meets city noise requirements and RF emissions requirements; (2) each facility complies with the then-current general and design standards and is in compliance with the approved plans; (3) whether the facility is currently being used by the owner or operator; and (4) the basic contact and site information supplied by the owner or operator is current.

(b) Every owner or operator of a wireless telecommunication facility shall renew the facility permit at least every ten years from the date of initial approval. If a permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing ten years after it is issued, or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued, within one hundred twenty days after a permit becomes null and void all improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation condition within one hundred eighty days of nonrenewal or abandonment.

(c) At any time, the director of community development may initiate proceedings to revoke a permit issued pursuant to this chapter. Grounds for revocation shall be limited to a finding that the owner or operator has abandoned the facility, the facility is no longer in compliance with either the general requirements or design standards of this chapter and the owner or operator has failed to bring the facility into compliance within one hundred eighty days after a notice has been sent by the director of community development requiring the facility to be brought into compliance, the facility is no longer in compliance with applicable FCC or FAA regulations, the use is no longer permitted in the zoning district in which it is located, the facility has not been upgraded to reduce or minimize its impact to the extent reasonably permitted by the technology available at the time of renewal, or if the director determines that revocation would be in the best interests of the public health, safety or welfare. Upon making a determination that the permit should be revoked, the director may, at his or her discretion, issue a compliance order pursuant to Chapter 1.06 or initiate a nuisance abatement action pursuant to Chapter 9.26 of this code.

(Prior zoning code § 19.70.130; Ord. 2623-99 § 1; Ord. 2906-09 § 13)

§ 19.54.130 Indemnity and liability for damages.

(a) The wireless telecommunication facility 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 when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney's fees and costs, and the city defends the action in good faith.

(b) Facility lessors shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the city. This liability shall include cleanup, intentional injury or damage to persons or property. Additionally, lessors shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. "Waste" includes materials to be recycled, reconditioned or reclaimed.

(c) Wireless telecommunication facility operators shall be strictly liable for interference caused by their facilities with city communication systems. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference, (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.

(Prior zoning code § 19.70.140; Ord. 2623-99 § 1; Ord. 2906-09 § 14)

§ 19.54.140 Co-located and multiple-user facilities.

(a) Wherever technically feasible, wireless telecommunication service providers are encouraged to co-locate telecommunication facilities in order to reduce adverse visual impacts; however, the city discourages the development of "antenna farms" or the clustering of multiple antennas on a single monopole, tower or other elevation, unless the site is determined to be suitable based on the following factors:

(1) Compliance with all FCC RF emission standards;

(2) Visibility from residentially zoned property;

(3) Visibility from El Camino Real or the right-of-way of a freeway, expressway or other major arterial street;

(4) Visibility from the downtown specific plan area or other area declared by the director of community development to be visually sensitive; and

(5) Lack of aesthetically preferable feasible alternatives.

(b) Facilities which are not proposed to be co-located shall provide a written explanation why the subject facility is not a candidate for co-location.

(c) Co-located and multiple-user wireless telecommunication facilities may be required when in the determination of the director of community development or planning commission it is technically feasible and appropriate and will minimize overall visual impact to the community.

(d) When determined to be technically feasible and appropriate, unutilized space should be made available for colocation of other wireless telecommunication facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off-line for a significant period of time.

(Prior zoning code § 19.70.150; Ord. 2623-99 § 1)

§ 19.54.150 Radio frequency emission exposure.

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

(b) Initial compliance with this requirement shall be demonstrated for any facility within three hundred feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, calculations specifying MPE levels in the inhabited area where the levels produced are projected to be highest. If these calculated levels exceed eighty percent of the MPE limits, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure exposure levels at the location after the facility is in operation. A report of these measurements and the engineer's findings with respect to compliance with MPE limits shall be submitted to the director of community development. The facility shall not commence normal operations until it complies with, or has been modified to comply with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may require, at the applicant's expense, independent verification of the results of the analysis.

(c) Every wireless telecommunication facility within three hundred feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the MPE limits. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the director of community development. If either the equipment or effective radiated power has changed, calculations specifying exposure levels in the inhabited areas where the levels are projected to be highest shall be prepared. Calculations shall also be prepared every time the adopted MPE limits change. If calculated levels in either of these cases exceed eighty percent of the MPE limits, the operator of the facility shall hire a qualified electrical engineer licensed by the state of California to measure the actual exposure levels produced. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the current MPE limits shall be submitted to the director of community development within five years of facility approval and every five years thereafter. In the case of a change in the limits, the required report shall be submitted within ninety days of the date the change becomes effective.

(d) Failure to supply the required reports or to remain in continued compliance with the MPE limits shall be grounds for revocation of the discretionary permit.

(Prior zoning code § 19.70.160; Ord. 2623-99 § 1)

§ 19.54.160 Telecommunication facilities in the public right-of-way.

(a) Design Criteria. The city council shall, by resolution, establish criteria and various guidelines ("Design Criteria") for design review of wireless telecommunication facilities in the public right-of-way.

(b) Design Review Not Requiring a Public Hearing. An application for a wireless telecommunication facility in the public right-of-way shall be considered by the director of community development following the procedures for design review with public notice and no public hearing in Section 19.80.040 (Procedures and decisions) if the facility:

(1) Meets the adopted Design Criteria for wireless telecommunication facilities on joint poles or light poles; and

(2) Will be placed on a pole located more than three hundred feet from any property line of a public park, public school or heritage resource or landmark.

(c) Design Review Requiring a Public Hearing. An application for a wireless telecommunication facility in the public right-of-way shall be considered by the planning commission following the procedures for design review with public hearing in Section 19.80.040 (Procedures and decisions) if the facility:

(1) Does not meet the adopted Design Criteria for wireless telecommunication facilities on joint poles; or

(2) Will be placed on a pole located within three hundred feet of a public park, public school or heritage resource or landmark; or

(3) If the director determines, in his or her discretion, that it is in the public interest to have the application referred to the planning commission for hearing.

(d) Findings. The director or planning commission may approve any design review upon such conditions, in addition to those expressly provided in other applicable provisions of this code, as it finds desirable in the public interest, upon finding that the approval will either:

(1) Attain the objectives and purposes of the Design Criteria; or

(2) Ensure that the general appearance of proposed facilities will not materially impair the visual aesthetics of adjacent properties.

(e) Master agreement for use of city-owned poles. Any person that proposes to install a wireless facility on city light structures or other city-owned poles must enter an agreement with the city for a continuing encroachment under Section 13.08.110 of this code. Facilities that are approved by the city engineer pursuant to such an agreement shall not be required to obtain a permit from the department of community development.

(f) Carriers shall defend, indemnify, and hold harmless the city and its agents, officers, and employees ("indemnified parties") from any claim, action, or proceeding against the city or indemnified parties to attack, set aside, void, or annul the project or any prior or subsequent related development approvals or project condition imposed by the city or as a result of the city granting any permits for the project, or to impose liability against the city or indemnified parties resulting from the grant of any permits for the project, which claim, action or proceeding is brought within the time period provided by law, including any claim for private attorney general fees claimed by or awarded to any party against the city.

(Ord. 3031-13 § 3; Ord. 3043-14 § 3; Ord. 3169-20 § 1)