The city council of the city of Laguna Beach expressly finds that the installation of small wireless facilities, the supporting fiber backbone, and their accessory equipment throughout the city's rights-of-way, requires city regulation, consistent with state and federal law, in order to more fully protect the public health and safety, preserve and protect the city's aesthetic interests, protect city infrastructure and other public facilities, and to provide for the orderly deployment of wireless telecommunications and wireless utility facilities in order to ensure the continued quality of telecommunications services to the public.
The city further places great emphasis on undergrounding facilities and protecting undergrounded districts. For over four decades, the city has facilitated and supported undergrounding efforts in neighborhoods and along major scenic corridors and it is the intent of this ordinance to protect this investment.
This chapter is intended to reflect and promote community interest by: (a) ensuring that the balance between public and private interests is maintained; (b) protecting the city's visual character from potential adverse impacts and/or visual blight created or exacerbated by small wireless facilities and accessory equipment; (c) protecting and preserving the city's environmental resources; (d) protecting and preserving the city's public rights-of-way; (e) protecting and preserving the city's commitment and investment in undergrounding districts; (f) promoting access to high-quality, advanced wireless services for the city's residents, businesses and visitors; and (g) ensuring that providers of telecommunications, and other similar wireless services, are treated in a fair and equal manner throughout the city.
The city council further finds that regulations established herein are not intended to, nor shall they be interpreted or applied to:
(a) 
Prohibit or effectively prohibit any provider's ability to provide personal wireless services, or other similar wireless service;
(b) 
Prohibit or effectively prohibit any personal wireless service provider's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;
(c) 
Unreasonably discriminate among providers of functionally equivalent services;
(d) 
Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions;
(e) 
Prohibit any collocation or modification that the city may not deny under federal or state law;
(f) 
Impose any unfair, unreasonable, discriminatory or arbitrary fees that exceed the reasonable cost to provide the services for which the fee is charged;
(g) 
Otherwise authorize the city to act in conflict with any applicable federal or state law or regulation.
(Ord. 1320 § 5, 1996; Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
Unless the particular provisions or applicable law or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.
"Accessory equipment"
means any and all on-site equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, back-up generators and power supply units, wiring, coaxial and fiber optic cables, connections, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, radio transceivers, transmitters, fencing, shielding, and surface location markers. Accessory equipment does not include the support structure or pole on which the wireless facility is attached to.
"Administrative review"
means the director's discretionary review of an application relating to the review and issuance of a wireless facility permit, including review by the approval authority to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter, the Policy adopted by resolution pursuant to this chapter, and this code.
"Antenna"
means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals.
"Applicant"
means any natural person, firm, partnership, association, joint venture, corporation, or other entity (or combination of entities), and the agents, employees, and contractors of such person or entity that seeks city permits or other authorizations under this chapter.
"Application"
means a written request, on a form provided by the city, for a wireless facility permit under the authority of this chapter.
"Approval authority"
means the city official(s) designated to review and issue a decision on a proposed permit or other authorization under this chapter.
"Base station"
shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:
(a) 
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(b) 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells).
(c) 
Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in paragraphs (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
(d) 
"Base station" does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in paragraphs (a) and (b) of this definition. Other structures that do not host wireless telecommunications facilities are not "base stations."
(e) 
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.
"Cellular"
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
"C.F.R."
means the Code of Federal Regulations.
"City"
means the city of Laguna Beach.
"City-owned street light"
means a stand-alone street light pole owned by the city of Laguna Beach. These poles do not carry, hold, or support other utilities such as electric, telephone or cable. The street light may be powered by overhead conductors (the conductors are usually owned by the city), underground direct connection to the electric utility, or underground connection from an electric meter.
"Code"
means the Laguna Beach Municipal Code.
"Collocation"
means the mounting or installing of an antenna facility on a pre-existing structure and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
"COW"
means a "cell on wheels," which is a wireless telecommunications facility temporarily rolled in or temporarily installed. Under no circumstances may a COW exist in the ROW for more than one month, absent written approval of the director.
"CPUC"
means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
"Day"
means a calendar day, except as otherwise set forth in this chapter.
"Decorative pole"
means any pole that includes decorative or ornamental features, design elements and/or materials for aesthetic purposes.
"Department"
means the public works department or community development department of the city of Laguna Beach, as specified in this chapter.
"Deployment"
means the installation, placement, construction, collocation or modification of a small wireless facility, eligible facility, or other wireless telecommunications facility.
"Director"
means the director of public works or community development, or designee.
"Eligible facility request"
means a request for approval of an eligible facility pursuant to Section 6409(a), and as defined by the FCC in 47 C.F.R. Section 1.6100(b)(3), or any successor regulation, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.
"FCC"
means the Federal Communications Commission or its duly appointed successor agency.
"Ground-mounted"
means mounted to a pole, tower, or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless facility and placed directly on the ground at grade level.
"Guidelines for site selection and visual impact and screening of telecommunication facilities"
means the supplemental regulations established to exercise reasonable local zoning control over wireless telecommunications facilities, as may be amended from time to time by the director or city council.
"Infrastructure"
means any city-owned or operated facility, equipment, pole, pipe, cabinet, or other structure located in the public right-of-way or in or on any other city-owned or operated property outside of the public right-of-way.
"Located within the public right-of-way"
includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way.
"Modification"
means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation.
"Monopole"
means a structure composed of a single pole used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole.
"Mounted"
means attached or supported.
"Municipal code" or "code"
means the Laguna Beach Municipal Code, as amended from time to time.
"Ordinance"
means this Chapter 11.06 of Title 11 of the Laguna Beach Municipal Code, as may be amended from time to time.
"Permit"
means a written authorization (in electronic or hard copy format) to install a wireless telecommunications facility at a specified location(s) in the city, including, but not limited to, in public right-of-way, on any other city-owned or operated property, facility, or other building or structure outside the PROW, or in or on any other public or private property, facility, building or other structure located anywhere else in the city. A permit may also consist of a master agreement between the applicant and the city to install and maintain one or more wireless telecommunications facilities in or on any property, building, facility or other structure in the city.
"Permittee"
means an applicant that has received a permit issued by the city under this chapter, and all successors-in-interest.
"Person"
means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.
"Personal wireless services"
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded.
"Personal wireless service facilities"
means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded.
"Pole"
means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code.
"Public right-of-way" or "PROW"
means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips. The PROW does not include land owned, controlled or operated by the city for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City Hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.
"Right-of-way work permit"
means a permit issued ministerially to an appropriately licensed contractor to perform work in the public right-of-way for the installation, removal and replacement, and connections of utility infrastructure. Permits are subject to time and place restrictions due to traffic impacts and special noticing requirements. Permit issuance is often dependent on prior discretionary review and approval by the planning commission and/or prior permits issued by the community development department.
"Section 6409(a)"
means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a) (also known as the "Spectrum Act'), as may be amended or superseded.
"Small wireless facility" or "small wireless facilities"
means a wireless facility that provides telecommunications, or other related services that meets each of the following conditions:
(a) 
The facility:
(1) 
Is mounted on structures fifty feet or less in height including its antennas as defined in this section; or
(2) 
Is mounted on structures no more than ten percent taller than other adjacent structures; or
(3) 
Does not extend existing structures on which it is located to a height of more than fifty feet or by more than ten percent, whichever is greater;
(b) 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in this section), is no more than three cubic feet in volume;
(c) 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume;
(d) 
The facility does not require antenna structure registration under Part 17 of Subchapter A of Chapter 1 of Title 47 C.F.R., or its successor regulations;
(e) 
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x), or its successor regulation; and
(f) 
The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b), or its successor regulation.
"State"
means the state of California.
"Substantial change"
means, with respect to an eligible facility request, the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), or any successor regulation, which defines that term differently based on the type of eligible support structure (tower or base station) and location (in or outside the PROW). For clarity, this definition organizes the FCC's criteria and thresholds for determining if a collocation or modification substantially changes the physical dimensions of a wireless tower or base station based on the type and location.
(a) 
For towers outside the PROW, a substantial change occurs when:
(1) 
The proposed collocation or modification increases the overall height of the tower by more than ten percent or the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (whichever is greater); or
(2) 
The proposed collocation or modification adds an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater); or
(3) 
The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four; or
(4) 
The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
(b) 
For towers in the PROW and for all base stations, a substantial change occurs when:
(1) 
The proposed collocation or modification increases the overall height of the tower more than ten percent or ten feet (whichever is greater); or
(2) 
The proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the tower or base station by more than six feet; or
(3) 
The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets when there are no pre-existing ground-mounted equipment cabinets associated with the structure; or
(4) 
The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are more than ten percent larger in height or overall volume than any other existing ground-mounted equipment cabinets; or
(5) 
The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
(c) 
In addition, for all towers and base stations wherever located, a substantial change occurs when:
(1) 
The proposed collocation or modification would defeat the existing concealment elements of the eligible support structure (wireless tower or base station) as reasonably determined by the director; or
(2) 
The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
(d) 
For purposes of this definition, changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
"Telecommunications tower"
means a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support wireless telecommunications facility antennas.
"Technically infeasible"
means a circumstance in which compliance with a specific requirement within this code is physically impossible and not merely more difficult or expensive than a noncompliant alternative.
"Underground utility district"
means any area in the city within which overhead wires, cables, associated overhead equipment, appurtenances and other improvements are either: (1) prohibited by ordinance, resolution or other applicable law; (2) scheduled to be relocated underground within eighteen months from the time an application is submitted; (3) planned to be relocated underground with the city council's acceptance of a proposed assessment district boundary and petition signed by no less than sixty percent of the property owners within said boundary; or (4) primarily located underground at the time an application is submitted.
"Utility pole"
means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Wireless facility"
or "wireless telecommunications facility" ("WF") means the equipment at a fixed location or locations in the city that enables wireless telecommunications or wireless utility services. The term does not include: (1) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or (2) coaxial, fiber-optic or other cabling that is between telecommunications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. Examples of wireless facilities include small wireless facilities and eligible facilities.
Exceptions: The term "wireless facility" does not apply to the following:
(a) 
Government-owned and operated telecommunications facilities.
(b) 
Emergency medical care provider-owned and operated telecommunications facilities.
(c) 
Mobile services providing public information coverage of news events of a temporary nature.
(d) 
Any wireless telecommunications facilities exempted from this code by federal or state law.
"Wireless facility permit" or "WFP"
means either a planning commission wireless facility permit or administrative wireless facility permit issued by the city pursuant to this chapter, and including the following categories:
(a) 
"Planning commission wireless facility permit" or "PCWFP" means a permit issued by the planning commission for a new wireless facility, collocation, or modification to an existing wireless facility.
(b) 
"Small wireless facility permit" or "SWFP" means a permit issued by the approval authority pursuant to the requirements of this chapter for: (1) the deployment of a new small wireless facility; or (2) the replacement of, collocation on, or modification of an existing small wireless facility.
(c) 
"Eligible facility permit" or "EFP" means a permit issued by the approval authority for an eligible facility as defined in Section 6409(a) and subject to the requirements of this chapter.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
This chapter applies to the siting, construction, installation, attachment, operation, collocation, reconstruction, relocation, modification or removal of any and all wireless facilities within the public right-of-way within the city's jurisdictional and territorial boundaries as follows:
(1) 
All facilities for which applications were not approved prior to the adoption date shall be subject to and comply with all provisions of this chapter.
(2) 
All facilities for which applications were approved by the city prior to the adoption date shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any wireless telecommunication facility that was lawfully constructed prior to adoption date that does not comply with the standards, regulations and/or requirements of this chapter, shall be deemed a nonconforming use and shall also be subject to the provisions of this chapter.
(3) 
All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (Section 11.06.130), radio frequency emissions monitoring (Section 11.06.140), cessation of use and abandonment (Section 11.06.170), removal and restoration (Section 11.06.180) of wireless telecommunications facilities and the prohibition of dangerous conditions or obstructions by such facilities (Section 11.06.150); provided, however, that in the event a condition of approval conflicts with a provision of this chapter, the condition of approval shall control until the permit is amended or revoked.
(b) 
This chapter does not apply to the following:
(1) 
Amateur radio facilities;
(2) 
Over the air reception devices ("OTARD") antennas;
(3) 
Facilities owned and operated by the city for its use;
(4) 
Any entity legally entitled to an exemption pursuant to state or federal law.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
Notwithstanding any provision of the code to the contrary, a wireless facility shall not be deployed in the PROW within the city, except upon approval of a wireless facility permit issued in accordance with the requirements of this chapter and the rules, regulations, procedures and policies adopted from time to time by resolution of the city council pursuant to Chapter 11.06 of this code, and upon approval of any other related discretionary or ministerial permits. When required, the planning commission wireless facility permit or administrative permit, in conjunction with a coastal development permit as may also be required, shall constitute the city's discretionary entitlement governing the use, location, aesthetics, and other characteristics. Once the discretionary permit is issued and recorded, the project is considered entitled, and the permittee may then enter the construction phase to process any required ministerial approvals associated with the project, including a right-of-way work permit.
(a) 
Planning Commission Wireless Facility Permit. All new wireless facilities, collocations or modifications to existing wireless facilities, and any associated aerial strands of fiber or coaxial cable within city limits, shall require a planning commission wireless facility permit unless otherwise provided for in this chapter.
(b) 
Administrative Wireless Facility Permit.
(1) 
Small Wireless Facility Permit. A small wireless facility permit, subject to the director's approval, may be issued for new small wireless facilities that meet all the following criteria:
(A) 
All aspects of the proposed improvements and equipment qualify the project as a "small wireless facility" as defined by this chapter.
(B) 
The proposal is not located in any location identified in Section 11.06.200.
(C) 
New segments of fiber or coaxial cable serving the small wireless facility and located beyond the support structure footprint are designed as a below-grade network.
(2) 
Eligible Facility Permit. An eligible facility permit, subject to the director's approval, may be issued for modifications that meet the following criteria:
(A) 
The proposal qualifies as an eligible facilities request as defined by 47 C.F.R. Section 1.6002 and 47 U.S.C. Section 1455, as those provisions may be amended from time to time. In addition to the other factors discussed therein, the director shall make an explicit finding demonstrating that the proposed modification does not result in a substantial change to the eligible support structure because it does not defeat the existing concealment elements, which is to be defined as broadly as possible in accordance with the law.
(B) 
The applicant has provided sufficient information either showing it owns the property on which the facility is located, or that the property owner has provided its consent to locating the facility where proposed.
(3) 
In order for the director to approve a permit under this subsection (b) (Administrative Wireless Facility Permit), the director must make the following findings in writing:
(A) 
The requirements of subsections (b)(1)—(b)(2) have been met.
(B) 
All notices required for the proposed installation have been given.
(C) 
The proposed facility has been designed and located in compliance with all applicable provisions of this chapter and the city's Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities.
(D) 
If applicable, the applicant has demonstrated its inability to locate on existing or replacement infrastructure.
(E) 
The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.
(F) 
The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible as supported by factual evidence and a meaningful comparative analysis to show that all preferred alternative locations and designs identified in the application review process were technically infeasible or not available.
(4) 
The director may, in the director's discretion, refer any application for an administrative wireless facility permit to the planning commission for approval.
(5) 
In the event the director determines that any application submitted for an administrative wireless facility permit does not meet the criteria of this code, the director shall deny the application and make the required written findings.
(c) 
Right-of-Way Work Permit. A right-of-way work permit may be issued by the public works director subject to time and place restrictions and only once all necessary discretionary entitlements have been approved and recorded. This permit shall allow the appropriately licensed contractor to perform work within the public right-of-way subject to appropriate traffic control methods and associated public notification as determined necessary by the director.
(d) 
Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required permits or other approvals from other city departments, or state or federal agencies. Any improvements within the coastal zone that constitute development as defined in Section 25.07.006(D) and is neither exempt from the requirements of that Chapter (Section 25.07.008) nor issued a waiver for de minimis development (Section 25.07.009) requires approval of a coastal development permit.
(e) 
Eligible Applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the public right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunications collocation facility in the public right-of-way.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Application.
(1) 
In addition to the information required of an applicant for a wireless facility permit or right-of-way work permit required by this code, each applicant requesting approval of the installation or modification of a wireless telecommunications facility in the public right-of-way shall fully and completely submit to the city a written application on a form prepared by the director.
(2) 
No applicant seeking to install wireless antennas shall seek an encroachment permit for fiber or coaxial cable only. Applicants shall simultaneously request fiber installation or other cable/utility installation when seeking to install wireless installations in the right-of-way.
(b) 
Application Contents for Wireless Installations. In addition to all other information determined by the director to be necessary as may published in a written application form, an application for a wireless installation in the right-of-way shall contain the following information:
(1) 
The name, address and telephone number of the applicant, owner, and operator of the proposed facility.
(2) 
The name, telephone number, and email address of a single point of contact in the wireless facility operator's engineering and maintenance departments to ensure timely resolution of all interference issues.
(3) 
If the applicant is an agent of the owner of the proposed facility, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the applicant and/or owner will not directly provide wireless services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services at the time in which the facilities are completed.
(4) 
If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, street signal pole, utility pole, utility cabinet, vault, cable conduit, or real property), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the submission of an entitlement application for the placement of the facility on or in the property owner's property.
(5) 
A full written description of the proposed facility and its purpose.
(6) 
Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the state documenting the following:
(A) 
Height, diameter and design of the facility, including technical engineering specifications, and economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. A layout plan, section and elevation of the support structure shall be included.
(B) 
For all equipment that would be visible to the public once the facility has been constructed and activated, a photograph and model name and number of each piece of equipment.
(C) 
Power output and operating frequency for the proposed antenna.
(D) 
Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges which can be accommodated.
(E) 
Sufficient evidence of the structural integrity of the pole or other supporting structure as required by the city.
(7) 
A comprehensive justification study which includes the rationale for selecting the proposed location, design, and equipment; if applicable, a detailed explanation of the coverage gap or deficiency that the proposed use would resolve; and how the proposed location and configuration is the least intrusive means for the applicant to provide wireless service. Said study shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed facility and why said alternatives are not a viable option or more intrusive.
(8) 
Scaled site plans, elevations, electrical and structural plans, and all relevant details (e.g., antennas, accessory equipment including fiber and coaxial cable, and signage) specifying and depicting the exact proposed location of the pole, antennas, accessory equipment, screening, pole and equipment heights and widths, access or utility easements, landscaped areas, existing utilities, and adjacent land uses, and demonstrating compliance with Section 11.06.080 and the Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities.
(9) 
An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least three different angles. Unless unique circumstances dictate otherwise, photo simulations should be taken from pedestrian level along surrounding sidewalks or other public spaces, including the motorist's perspective. Note that photo simulations with excessive cropping or inadequate aspect ratios will be rejected until a wider field of view is provided to fully anticipate the visual impact on the surrounding environment.
(10) 
Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.
(11) 
For a facility that is not categorically excluded under the FCC regulations for RF emissions, or if an applicant does not wish to provide a copy of the checklist from Appendix A of the Federal Communications Commission's A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guide for Categorical Exclusion, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts Effective Radiated Power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. The projected exposure shall be provided at ground level and shall also model the exposure conditions at any nearby building(s) located within thirty feet of the antenna(s).
The RF report shall be accompanied by an executive summary prepared and certified by a qualified RF engineer summarizing the following information: (i) the existing base level radio frequency radiation, (ii) the maximum radio frequency radiation, (iii) the effective radiated power per channel, and (iv) the total number of channels for an omnidirectional antenna or the maximum number of channels in any sector for a sectored antenna at the proposed site.
(12) 
Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.
(13) 
A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this code including Section 11.06.080(a)(14)(B), unless all equipment is proposed to remain passively cooled.
(14) 
A traffic control plan when the proposed installation, including power, fiber, or coaxial cable, is located within any street.
(15) 
When landscaping is proposed to mitigate the visual impact of a wireless facility, a scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening, and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.
(16) 
A written description identifying the geographic service area for the subject installation, including geographic and propagation maps that identify the location of the proposed facility in relation to all existing and planned facilities maintained within the city by the wireless service provider(s).
(A) 
In the event the applicant seeks to install a wireless telecommunications facility to address service coverage concerns, full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.
(B) 
In the event the applicant seeks to address service capacity concerns, a written explanation identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands.
(17) 
Should the applicant maintain that they have a right to access the public right-of-way under either state or federal law, the applicant shall provide the necessary proof to show that the applicant has the right to install the project in question. By way of example, an applicant can meet this requirement by the following examples:
(A) 
Franchise agreement;
(B) 
DIVCA designation;
(C) 
Certification that the applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way;
(D) 
If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN for the facility in question.
(18) 
An application fee and a deposit for post-construction radio frequency testing as set forth in paragraph E of this section in an amount set by resolution by the city council and in accordance with California Government Code Section 50030. A separate deposit in accordance with paragraph D of this section may be required at the director's sole and absolute discretion.
(19) 
For applications subject to planning commission review and involving a wireless facility mounted to a new support structure – unless said structure constitutes a one-for-one replacement within five feet of the existing structure footprint – proof that a temporary mock-up of the facility and sign has been installed at the proposed location for a period of at least twenty-one calendar days.
(A) 
Applicant shall obtain an encroachment permit before installing the temporary mock-up, and must remove the temporary mock-up within five calendar days of receiving a written notice to remove from the director.
(B) 
When seeking the encroachment permit, the applicant shall provide address labels for use by the city in noticing all property owners within three hundred feet and tenants within one hundred feet of the proposed installation. The city shall mail a notice regarding installation of the mock-up at least five business days prior to the installation.
(C) 
The mock-up shall demonstrate the height and mass of the facility. The applicant shall not be entitled to install the facility it intends to install permanently. The mock-up may consist of a wood utility pole topped to the propose facility height, with PVC used to outline all pole-mounted equipment, or the like.
(D) 
The mock-up shall include a weather-proofed sign (eleven inches by seventeen inches required format) that displays photo simulations depicting before and after images, including any accessory equipment cabinet, and the contact information of the assigned project planner.
(E) 
The applicant shall be required to follow any other city practices or processes relevant to the installation of a mock-up as may be provided in a publicly accessible form or document.
(F) 
After installation of the mock-up, the applicant shall certify that the mock-up accurately represents the height and width of the proposed installation and has been installed consistent with this code.
(20) 
A list of all other applications that either have been, or will be, submitted in furtherance of the project, including, but not limited to, applications to the California Coastal Commission, encroachment permits, Caltrans permits, etc.
(21) 
Any other information and/or studies reasonably determined necessary by the director may be required, provided it is published before an application is submitted to the city.
(c) 
Application Contents—Modification of Existing Facility. The content of the application form for a modification to an existing facility shall be determined by the director, and shall include, but not be limited to, the requirements listed in Section 11.06.050(B) unless prohibited by state or federal law.
(d) 
Independent Expert. The director is authorized to retain on behalf of the city an independent, qualified consultant to review and process any discretionary entitlement application for a wireless telecommunications facility. The review and processing may include an evaluation of the accuracy and completeness of the items submitted with the application and all subsequent application completeness determinations, presentations, preparation of staff reports, and associated administrative tasks, or the consultant review may be focused to a review of technical aspects of the proposed wireless telecommunications facility addressing any or all of the following:
(1) 
Compliance with applicable radio frequency emission standards;
(2) 
Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
(3) 
The accuracy and completeness of submissions;
(4) 
Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
(5) 
The applicability of analysis techniques and methodologies;
(6) 
The validity of conclusions reached or claims made by the applicant;
(7) 
The viability of alternative sites and alternative designs; and
(8) 
Any other specific technical issues identified by the consultant or the city.
The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. No permit shall be issued to any applicant which has not fully reimbursed the city for the consultant's cost.
(e) 
Radio Frequency (RF) Radiation Standard. Within three months after construction of a wireless facility which contains transmitting antenna(s), except in relation to amateur ham radio antenna(s) and transmitting antenna(s) with an effective radiated power (ERP) of five watts or less per channel, the maximum radio frequency (RF) radiation shall be measured and documented in a written report submitted to the city. The measurement and report shall be performed and prepared by a qualified, independent testing service/consultant retained by the city at the applicant's expense. The measurement shall be made utilizing the most current testing protocol established by the Federal Communications Commission (FCC). The maximum RF radiation shall not exceed the most current FCC safety standards.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Pre-Submittal Conference. Prior to application submittal, the city strongly encourages, but does not require, all applicants to schedule and attend a pre-submittal conference with community development department staff to receive informal feedback on the proposed location, design and application materials. The pre-submittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. Community development department staff will endeavor to provide applicants with an appointment within approximately ten business days after receipt of a written request.
(b) 
Application Submittal Appointment. All applications must be submitted to the city at a pre-scheduled appointment. city staff will endeavor to provide applicants with an appointment within ten business days after receipt of a written request. This appointment will be considered the city's initial receipt of any application materials for the purposes of assessing the time in which the city has reviewed the application.
(c) 
Notice; Decisions. The provisions in this section describe the procedures for approval and any required notice and public hearings for an application, except that if a coastal development permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014. Exception: when a coastal development permit is necessary and subject to ten-day public noticing, but the application otherwise requires twenty-one-day noticing, the longer noticing period shall prevail.
(1) 
Planning Commission Hearings. Any permit application under this chapter subject to planning commission approval shall require notice and a public hearing. Notice of such hearing shall be sent by mail not less than twenty-one calendar days prior to the date of the hearing and in accordance with Section 25.05.065. The planning commission may approve or conditionally approve an application only after it makes the findings required in Section 11.06.090.
(2) 
Director's Decision Notice. The director may approve or conditionally approve an application only after it makes the findings required in Section 11.06.040(b)(3). Within five days after the director approves or conditionally approves an application under this chapter, the director shall provide notice in accordance with Section 25.05.065.
(3) 
Notice of Shot Clock Expiration. The city acknowledges there are presumptive federal and state shot clocks, which certain applicants may argue are applicable to a proposed project covered under this chapter. As such, the applicant is required to provide the city written notice of the expiration of any shot clock, which the applicant shall ensure is received by the director (e.g., overnight mail) no later than twenty days prior to the expiration.
(4) 
Written Decision Required. All entitlement decisions made pursuant to this chapter shall be in writing and based on substantial evidence in the written administrative record. The written decision shall include the reasons for the decision.
(d) 
Appeals. All decisions regarding planning commission wireless facility permits may be appealed to the city council, or to the planning commission for any decision rendered by the director regarding an administrative wireless facility permit, by the applicant or any owner of property within three hundred feet of the subject wireless facility. An administrative wireless facility permit appealed to the planning commission cannot also be appealed to the city council. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc., shall be as described in Chapter 25.07.
(1) 
Any appeal by the applicant or owner of property within three hundred feet of the subject wireless facility shall be in written form specifically stating the grounds for the appeal and shall be filed with the city clerk within fourteen calendar days of the decision or determination.
(2) 
The filing of any appeal shall be accompanied by payment of the appeal fee as determined by resolution of the city council, and no appeal shall be accepted or deemed filed unless such payment is made. Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the city clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant.
(3) 
Notwithstanding any provision of this section, any decision or determination of the planning commission shall be automatically appealed to the city council where a member of the commission has an ownership, leasehold or consulting interest in the property or project that is the subject of the decision or determination.
(4) 
City Council Review of Decisions.
(A) 
Any member of the city council may obtain review of any decision or determination of the planning commission or director by a written request for review to the city clerk, directly or through the city manager, within fourteen calendar days of the decision or determination. Where the city is the applicant or an aggrieved property owner, the city manager may initiate proceedings for review of the decision or determination by written request to the city clerk within fourteen calendar days of the decision or determination.
(B) 
A request for review shall not require any statement of reasons, and therefore shall not represent support of or opposition to an application. No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed.
(5) 
Processing of Appeals and Requests for Review.
(A) 
Upon the city clerk's receipt of a timely and otherwise proper appeal, no appeal may thereafter be withdrawn except upon a majority vote of the city council allowing a withdrawal of the appeal.
(B) 
The city clerk shall set the appeal or request for review for a public hearing before the city council no less than fourteen calendar days nor more than sixty calendar days after receipt of the appeal or request for review. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section 25.05.065, except that the public notice for appeals of coastal development permits shall be instead carried out through the public notice provisions of Section 25.07.014.
(6) 
Hearing and Decision on Appeals and Requests for Review.
(A) 
Upon the hearing of the appeal or request for review, the city council shall conduct a de novo review of the underlying application and shall not be limited to the grounds stated for the appeal, if an appeal was filed, and shall not be limited to the evidence that was presented to the approval authority. The city council shall exercise its independent judgment and discretion as to the evidence presented at its hearing. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence presented.
(B) 
The city council may uphold, reverse, wholly or partly, modify or remand any appealed or reviewed decision or determination in the following manner.
(C) 
Three or more affirmative votes shall be required to reverse a decision or determination. A reversal shall be approved by the city council upon the adoption of a resolution that sets forth in writing the findings relied on to conclude that the appealed or reviewed decision or determination was in error or an abuse of discretion.
(D) 
In the event the city council upholds an appealed or reviewed decision or determination approving the application, the city council may modify the proposed project or conditions of project approval, by making them more restrictive, or may add more restrictive conditions of approval upon the adoption of a resolution and without the need for a finding of error or an abuse of discretion. "More restrictive" for purposes of this subdivision shall include, without limitation, an incorporation of view protection measures, enhanced equipment screening, and other similar time, place, and manner considerations.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Design and Development Standards. All small wireless facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:
(1) 
The city's "Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities" shall be utilized to reduce the visual impact of the wireless facility. Guideline compliance is required; however, the approval authority may waive some of these requirements if: (A) the applicant demonstrates that the imposition of certain requirements would effectively prohibit the provision of personal wireless services, as supported by clear and convincing evidence in the written record; or (B) the approval authority in her/his/its sole and absolute discretion determines that guideline compliance would result in a more visually obtrusive facility.
(2) 
General Guidelines.
(A) 
The applicant shall employ screening, undergrounding, and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area, and to minimize significant view impacts from surrounding properties all in a manner that achieves compatibility with the community and in compliance with the applicable sections of this code. Collocations involving two or more wireless service providers are encouraged insofar as the wireless facility is designed to best meet the city's design and location criteria.
(B) 
Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact, as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.
(C) 
Facilities shall be located such that views from a residential structure are not significantly impaired. Facilities shall also be located in a manner that protects public views across view corridors so that no significant view impairment, where technically feasible, results in accordance with this code. This provision shall be applied consistent with local, state and federal law.
(3) 
Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
(4) 
Equipment. The applicant shall use the least visible equipment possible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers.
(5) 
Poles.
(A) 
Facilities shall be located consistent with Section 11.06.200.
(B) 
Utility Poles. Any portion of the antenna or equipment mounted on a pole shall be no less than twenty feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
(C) 
Light Poles. Any portion of the antenna or equipment mounted on a pole shall be no less than seventeen feet above any drivable road surface.
(D) 
Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials, and style.
(E) 
New Poles. New poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced.
(i) 
Such new poles that are not replacement poles shall be located at least one hundred feet from any existing pole to the extent feasible to be consistent with the city's pre-established street-lighting plan.
(ii) 
Such new poles shall not significantly impact public view corridors, and shall be located to the extent feasible in an area where there is an existing natural or other feature that obscures the view of the pole. The applicant shall further employ concealment techniques to blend the pole with said features.
(6) 
Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
(7) 
Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
(8) 
Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with Chapter 11.30 so as not to obstruct the intersection visibility triangle. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way.
(9) 
Public Facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, emergency access route, or emergency escape routes, or any other public health or safety facility or route.
(10) 
Proximity to Curb. Except for equipment and facilities, and portions thereof installed underground, no facilities and equipment approved under this chapter shall be installed within eighteen inches from the face of the curb or edge of pavement if no curb exists. If equipment and facilities are proposed for this area, such improvements must provide no less than seventeen feet of clearance above any drivable road surface.
(11) 
Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility.
(12) 
Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.
(13) 
Beacon/Warning Lighting.
(A) 
No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.
(B) 
Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.
(C) 
Any required lighting shall be shielded to eliminate, to the extent feasible, impacts on the surrounding neighborhood.
(D) 
Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid glare and light trespass impacts to adjacent properties to the extent feasible. The city may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.
(E) 
The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.
(14) 
Noise.
(A) 
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 7:00 p.m. and 7:00 a.m.
(B) 
At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five dBA three feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five dBA.
(15) 
Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The director 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, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
(16) 
Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
(17) 
The installation and construction approved by a wireless facility permit shall begin within one year after all necessary discretionary approvals have been obtained or it will expire without further action by the city. Development, once timely commenced, shall be pursued in a diligent manner and completed in a reasonable period of time. If the project is appealed to the California Coastal Commission, this expiration period shall not begin until the appeal process is completed.
(18) 
The aesthetic requirements imposed under this section and the city's "Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities" shall also be considered the necessary "concealment elements" as defined by federal law, as it shall further conceal the facilities to make them to be a part of the existing right-of-way infrastructure.
(b) 
Conditions of Approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:
(1) 
The permittee shall submit as-built drawings within ninety days after installation of the facility. Asbuilts shall be in an electronic format acceptable to the city.
(2) 
The permittee shall submit and maintain current at all times basic contact and site information. The permittee shall notify the 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:
(A) 
Identity, including the name, address and twenty-four-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
(B) 
The legal status of the owner of the wireless facility.
(3) 
The permittee shall notify the city in writing at least ninety days prior to any transfer or assignment of the permit. The written notice required in this section must include: (A) the transferee's legal name; (B) the transferee's full contact information, including a primary contact person, mailing address, telephone number and email address; and (C) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: federal, state and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the director shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set forth in Section 11.06.180.
(4) 
At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans. The permittee shall utilize the smallest and lowest visibility signage required by government or electric utility regulations. The sign background shall be a muted color selected to minimize contrast with the support structure.
(5) 
The permittee shall pay for and provide a performance bond or other form of security approved by the city attorney's office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and this code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its ministerial permit submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any construction permit, permittee must submit said security instrument. At its option, the permittee may satisfy this requirement by submitting one performance bond for a bundle of small wireless facilities projected to be installed within the city.
(6) 
If a nearby property owner registers a noise complaint, the city shall forward the same to the permittee to be reviewed and evaluated. The permittee shall have ten business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the city determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the city may hire a consultant to study, examine, and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this chapter. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the code, the director may impose conditions on the project to achieve said objective.
(7) 
A condition setting forth the permit expiration date in accordance with Section 11.06.160 shall be included in the conditions of approval.
(8) 
The wireless telecommunications facility shall be subject to such conditions, changes, or limitations as are from time to time deemed necessary by the director for the purpose of: (A) protecting the public health, safety, and welfare; (B) preventing interference with pedestrian and vehicular traffic; and/or (C) preventing damage to the public right-of-way or any adjacent property. The city may modify the permit to reflect such conditions, changes, or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the city by the permittee.
(9) 
The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument required by Section 11.06.080(b)(5).
(10) 
The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a wireless telecommunications facility unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by the applicant's facilities.
(11) 
The permittee shall assume full liability for damage or injury caused or alleged to have been caused to any property or person by the operation of the facility, or the city's approval of a permit under this chapter.
(12) 
The permittee 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 city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless facility, and/or any related infrastructure, in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. Such time period for correction shall be based on the facts and circumstances, danger to the community, and severity of the disrepair. Should the permittee not make said correction within the time period allotted, the city engineer shall cause such repair to be completed at permittee's sole cost and expense.
(13) 
Insurance. The permittee shall obtain, pay for, and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars for each occurrence and four million dollars in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers as additional named insureds, be issued by an insurer admitted in the state of California with a rating of at least a A:VII in the latest edition of A.M. Best's Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty days prior written notice to the city, except for cancellation due to nonpayment of premium. The insurance provided by permittee shall be primary to any coverage available to the city, and any insurance or self-insurance maintained by the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers shall be excess of permittee's insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers. The insurance must afford coverage for the permittee's and the wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents, and employees, as determined by the city's risk manager. Before issuance of any building or encroachment permit for the facility, the permittee shall furnish the city risk manager certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing the coverage required by the city.
(14) 
The permittee shall defend, hold harmless, and indemnify, at his/her/its expense, the city, the city council and other city bodies and members thereof, officials, officers, employees, agents, and representatives (collectively, the city) from and against any and all third-party claims, actions, or proceedings to attack, set aside, void, or annul the approval of this permit, or any associated determination made pursuant to the California Environmental Quality Act. This obligation shall encompass all costs and expenses incurred by the city in defending against any claim, action, or proceeding, as well as costs, expenses, or damages the city may pay as a result of such claim, action, or proceeding. In the event an action or proceeding is filed in court against the city, the permit, or any associated determination, the permittee shall promptly be required to file a formal indemnification agreement with the city, which shall include, among other things, that the city will be defended by the counsel of its choice, and that the permittee shall deposit with the city sufficient funding, and thereafter replenish the funding, to ensure that the city's defense is fully funded, by the permittee. The deposit amount and replenishment schedule shall be established by the city.
(15) 
The permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect, and hold the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney's fees, interest, and expert witness fees), or damages claimed by third parties against the city for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to or alleged to be related to the wireless telecommunications facility, or to any work done by or use of the public right-of-way by the permittee, owner, or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers.
(16) 
Should the facility require electrical service but not require the use of an above-ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within ninety days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.
(17) 
Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to the city, if and when made necessary by: (A) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above-ground facilities including, but not limited to, street lights, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the city or any other public agency; (B) any abandonment of any street, sidewalk or other public facility; (C) any change of grade, alignment or width of any street, sidewalk, or other public facility; (D) a determination by the director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way; or (E) any modifications, changes, or improvements to the streetlights themselves. Such modification, removal, or relocation of the facility shall be completed within ninety days of notification by the city unless exigencies dictate a shorter period for removal or relocation, or as may be reasonably extended provided that the permittee is diligently working to complete the modification, removal, or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the code allow. In the event the facility is not modified, removed, or relocated within said period of time, the city may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public's health and safety, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.
(18) 
No additions or enlargements to the use of structures for which this wireless facility permit has been granted shall be allowed except pursuant to subsequent entitlement as might otherwise be required or granted pursuant to the terms of the Laguna Beach Municipal Code.
(19) 
All development must occur in compliance with the approved plans and elevations. Any deviation from these plans must be reviewed by the director of community development and may require planning commission review and approval.
(20) 
The approved facilities shall be designed and operated in a manner that complies with all of the most current Federal Communications Commission (FCC) permits, requirements and conditions to prevent neighborhood electrical interference.
(21) 
The telecommunication facility's operator shall notify the city three months after the construction completion and operation start-up of the approved telecommunication facilities. The city will then retain a qualified independent consultant to measure the maximum radio frequency (RF) radiation at the site and prepare a written report documenting the results of the independent test. The cost of obtaining these measurements and preparing the report shall be fully paid for by the telecommunication facility's operator. The measurements shall be made utilizing the most current testing protocol established by the Federal Communications Commission (FCC). The maximum RF radiation shall not exceed the most current FCC safety standards. This condition is not applicable to amateur ham radio antenna(s) or transmitting antenna(s) with an effective radiated power (ERP) of five watts or less per channel.
(22) 
In order to guarantee long-term compliance with conditions of approval that power levels remain as specified, and that the equipment is operating as designed, the operator of the approved transmitting antenna shall submit an affidavit indicating that the telecommunication facility is operating as approved, and that the facility complies with the most current FCC safety standards. The affidavit shall be submitted on a yearly basis prior to the anniversary date of the facility approval for as long as the facility remains in operation and shall incorporate a separate affidavit of a qualified, independent testing service/consultant demonstrating and verifying compliance with the most current FCC safety standards and approved power levels. In addition, the city may conduct further independent tests, which must be paid for by the facility's operator to verify compliance with the most current FCC safety standards.
(23) 
The maximum RF radiation shall not exceed the most current FCC safety standards.
(24) 
Because the frequencies used by the proposed cellular facilities are close to the frequencies used by the city of Laguna Beach for public safety, extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference shall be utilized, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" established by the Association of Public-Safety Communications Officials-International, Inc. (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any building permits to install the wireless communications facility, the permittee shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property.
(25) 
At all times the permittee shall not prevent the city of Laguna Beach from having adequate spectrum capacity on the city's 800 MHz radio frequency.
(26) 
Before activating the permitted wireless communications facility, the permittee shall submit to a postinstallation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the city of Laguna Beach public safety radio equipment. The communications division of the Orange County Sheriff-Coroner Department or a division-approved contractor at the expense of the permittee will conduct this test. This post-installation testing process shall be repeated at the expense of the permittee for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met.
(27) 
The permittee shall cease operation of any facility causing interference with city facilities immediately upon notification from the city or Orange County to cease operations until the interference is eliminated. Failure to cease such operation shall result in the immediate automatic revocation of this permit.
(28) 
The permittee and the city shall enter into a memorandum of understanding for the purposes of relocating the facility onto a city-owned decorative light pole, once such a standard is developed and deployed in the vicinity of the facility location. The location and attachment height of the replacement pole shall permit the permittee to continue to meet its coverage objective for the area. The permittee shall agree to relocate the facility within one hundred eighty days of the city's written notice to the permittee.
(29) 
An informational sign shall be posted at eye level and oriented toward nearby pedestrian traffic. This sign shall inform the general public that the structure supports wireless telecommunications equipment, identify the wireless service provider by its trade name, and provide a contact phone number for a representative of the telecommunications service provider. The sign copy, design, and placement shall be subject to city approval.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
No planning commission wireless facility permit shall be granted for a wireless facility unless all of the following findings are made by the planning commission, in addition to any findings required by Chapter 25.07 (coastal development permits):
(a) 
All notices required for the proposed installation have been given.
(b) 
The proposed facility has been designed and located in compliance with all applicable provisions of this chapter and the city's Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities.
(c) 
If applicable, the applicant has demonstrated its inability to locate on existing or replacement infrastructure.
(d) 
The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.
(e) 
The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible as supported by factual evidence and a meaningful comparative analysis to show that all preferred alternative locations and designs identified in the application review process were technically infeasible or not available.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
No permit or approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no approval shall be construed as any warranty of title.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
A COW shall be permitted for the duration of an emergency declared by the city or at the discretion of the director.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards.
(a) 
Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator, or any designated maintenance agent within forty-eight hours – or such longer period as may reasonably be required provided that the permittee is diligently working to repair and restore the same – of the sooner between:
(1) 
After discovery of the need by the permittee, owner, operator, or any designated maintenance agent; or
(2) 
After permittee, owner, operator, or any designated maintenance agent receives notification from the city.
(b) 
Each permittee of a wireless telecommunications facility shall provide the director with the name, address, and twenty-four-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent responsible for the maintenance of the facility. Contact information shall be updated within seven days of any change.
(c) 
All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
(1) 
General dirt and grease;
(2) 
Chipped, faded, peeling, and cracked paint;
(3) 
Rust and corrosion;
(4) 
Cracks, dents, and discoloration;
(5) 
Missing, discolored or damaged artificial foliage or other camouflage;
(6) 
Graffiti, bills, stickers, advertisements, litter, and debris;
(7) 
Broken and misshapen structural parts; and
(8) 
Any damage from any cause.
(d) 
All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the facility shall be responsible for replacing any damaged, dead, or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the director.
(e) 
The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
(f) 
Each facility shall be operated and maintained to comply with all conditions of approval. Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the same and the standards set forth in this chapter.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
The owner and operator of a facility shall submit within ninety days of beginning operations under a new or amended permit, and every one year from the date the facility began operations, a technically sufficient report ("monitoring report") prepared under penalty of perjury with the information below. The annual report provided by the owner and operator of the facility shall submit one, collated monitoring report for each of their facilities operating within the city at the time the report is prepared. This annual report shall be submitted to the administrative services department no later than January 1st when the annual lease payment is due.
(a) 
The facility is in compliance with applicable federal regulations, including Federal Communications Commission RF emissions standards, as certified by a qualified radio frequency emissions engineer;
(b) 
The facility is in compliance with all provisions of this chapter and its conditions of approval.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
No person shall install, use or maintain any facility which in whole or in part rests upon, in, or over any public right-of-way, when such installation, use, or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes, or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Unless Government Code Section 65964, as may be amended, authorizes the city to issue an entitlement with a shorter term, a discretionary permit for any wireless telecommunications facility shall be valid for a period of ten years from the date of director, planning commission, or city council approval. At the end of the term, the director may extend the entitlement for an additional ten year term. The director's determination will become effective fourteen calendar days from the date of the decision unless a member of the city council initiates proceedings to review the decision. A permit that has been renewed once may not be renewed a second time. Instead, the permittee may file a new entitlement application for the permitted facility at the same location. Notwithstanding any other applicable law, if the permittee submits an entitlement application no later than six months prior to the expiration date of a previously issued permit, the director shall not require the applicant to remove the permitted wireless facility unless and until there is a final determination denying the application.
(b) 
A permittee may apply for a new permit no sooner than one hundred and eighty days prior to expiration. Said application and proposal shall comply with the city's current code requirements for wireless facilities, as it may exist at that time.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Determination. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
(b) 
Notification. The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of thirty days or more.
(c) 
Violation. Failure to inform the director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:
(1) 
Litigation;
(2) 
Revocation or modification of the permit;
(3) 
Acting on any bond or other assurance required by this article or conditions of approval of the permit;
(4) 
Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or
(5) 
Any other remedies permitted under this code.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit, or abandonment of the facility, the permittee, owner, or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property at no cost or expense to the city.
(b) 
Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this code. Upon a showing of good cause, an extension may be granted by the director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for:
(1) 
Litigation/prosecution;
(2) 
Acting on any security instrument required by this chapter or the conditions of approval of the permit;
(3) 
Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or
(4) 
Any other remedies permitted under this code.
(c) 
Summary Removal. In the event the director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty days, the facility shall be treated as abandoned property.
(d) 
Removal of Facilities by City. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner, nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city due to exigent circumstances.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
Locations Requiring an Exception. Wireless telecommunications facilities are strongly disfavored in certain areas. All locations can be reviewed by the director with the exception of the following:
(a) 
Within one hundred feet of a residential building within a residential zone. Residential zone shall mean and refer to R-1, R-2, R-3, R/HP, LAG, VC, TAB, DCSP, and any other zone primarily intended to accommodate residential development at any density.
(b) 
Public right-of-way if mounted to a new pole that is not replacing an existing pole in an otherwise permitted location.
(c) 
Within one hundred feet of a school property.
(d) 
Within one hundred feet of a public park.
(e) 
Within one hundred feet of a medical facility.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of this code. In the event of a conflict between any provision of this division and other sections of this code, this chapter shall control.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
In the event it is determined by the decision-maker that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a wireless facility permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility, and all provisions of this division shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place, and manner rules.
(b) 
If subsequent to the issuance of the city attorney's written determination pursuant to (a) above, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determination shall be a public record.
(c) 
All installations permitted pursuant to this chapter shall comply with all federal and state laws including, but not limited to, the Americans with Disabilities Act.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)
(a) 
Nonconforming wireless telecommunications facilities are those facilities that do not conform to this chapter.
(b) 
Nonconforming wireless telecommunications facilities shall, within ten years from the date such facility becomes nonconforming, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this code at such time, to the extent the city can require such compliance under federal and state law.
(c) 
An aggrieved person may file an appeal to the city council of any decision of the director made pursuant to this section. In the event of an appeal alleging that the ten year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.
(Ord. 1653 § 3, 2021; Ord. 1679 § 3, 2022)