The following regulations shall apply throughout the city. These
regulations are intended to establish comprehensive guidelines for
the permitting, placement, design and maintenance of wireless communications
facilities in all areas within the city, excluding the public rights-of-way.
These regulations are intended to prescribe clear, reasonable and
predictable criteria to assess and process applications in a consistent
and expeditious manner, while reducing impacts associated with wireless
communications facilities. These regulations are intended to protect
the health, safety and welfare of persons living and working in the
city, preserve the aesthetic values and scenic qualities of the city,
and allow for the orderly and efficient deployment of wireless communications
facilities in accordance with state and federal laws.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord.
1653 § 5, 2021; Ord. 1679 § 5, 2022)
means a person entity in matters pertaining to the processing
of a wireless communications facility as outlined in this Chapter.
means an antenna constructed and operated for transmitting
and receiving radio signals for noncommercial purposes, usually in
relation to a person's hobby.
means any system of wires, poles, rods, reflecting discs,
panels, microwave dishes, whip antennas or similar devices used for
the transmission or reception of electromagnetic waves, including
antennas relating to personal wireless services as defined by the
Federal Telecommunications Act of 1996, when such system is either
external to or attached to the exterior of a structure (building-mounted
or roof-mounted), or ground-mounted. Antennas shall include devices
having active elements extending in any direction, and directional
beam-type arrays mounted upon and rotated through a vertical mast
or tower interconnecting the beam and antenna support, all of which
elements are deemed to be a part of the antenna.
means any pole, telescoping mast, tower, tripod or any other
structure that supports an Antenna.
means a group of antennas located on the same structure.
means the existing background power density radiation from
a proposed telecommunication transmitting antenna site including all
existing telecommunication transmitting in operation.
means any wire typically consisting of copper, coax or fiber
used for utility service purposes.
refers to wireless telephone communication transmitted by
electromagnetic waves.
refers to multiple wireless communications devices sharing
the same site and as more specifically defined in 47 CFR § 1.40001(b)(7)
for purposes of implementing Section 6409 of the Spectrum Act.
typically means a panel antenna used to achieve transmission
or reception in a specified direction.
means the operative amount of power leaving the transmitting
antenna. The ERP is determined by multiple factors, including, but
not limited to, transmitter output power, coaxial line loss between
the transmitter and the antenna, and the "gain" (focusing effect)
of the antenna.
means the independent U.S. governmental agency charged with
regulating interstate and international communications by radio, television,
wire, satellite and cable.
means any gas, material, substance or waste which, because
of its quantity, concentration or physical or chemical characteristics,
is deemed by any federal, state or local government to pose a present
or potential hazard to human health, safety, property or to the environment.
means the vertical distance from any point at the top of
an antenna and/or ancillary wireless communication structure to the
finished or natural surface, whichever is more restrictive or lower,
measured directly adjacent to the existing building or new structure.
means the base level radio frequency (RF) radiation and the
power density radiation from the proposed telecommunication transmitting
antennas at a particular site where all the antennas' channels are
simultaneously operating or projected to operate at their maximum
design effective radiated power (ERP).
means an antenna support structure typically made of steel,
wood or concrete.
means a wireless communications facility camouflaged to resemble
one or a grouping of rocks.
means a wireless communications facility camouflaged to resemble
one or a grouping of shrubs, bushes or trees.
means an antenna used to achieve transmission or reception
in all directions.
means a specialized antenna that has a curved surface which
transmits or receives signals in the microwave area of the radio frequency
spectrum, used to link different types of wireless facilities.
means any person, persons or entity, including the city,
who owns any wireless communication facility or facilities.
means the magnitude of the flow of electromagnetic energy
at a point in space, measured in power, usually milliwatts (10-3 watts)
or microwatts (10-6 watts), per unit area, usually centimeters squared.
means sites with no or minimal impacts to sensitive habitat,
public views, and public access and recreation; commercial and industrial
zones locations are preferred over locations in other zones except
when such location would result in greater impacts.
means any public highway, street, alley, sidewalk, parkway
which is either owned, operated or controlled by the city, county
or state or is subject to an easement or dedication to the city, county
or state or is a privately owned area within the city's, county's
or state's jurisdiction which is not yet, but is designated as a proposed
public right-of-way on a tentative subdivision map approved by the
city.
consists of electromagnetic waves moving together through
space radiating from a transmitting device to a receiving device to
achieve wireless communications typically operating in a frequency
range of three kilohertz to three hundred gigahertz.
means the most current adopted rules for human exposure limits
for radio frequency (RF) radiation adopted by the Federal Communications
Commission (FCC).
means a parabolic antenna used to receive and/or transmit
radio or television signals from orbiting communications satellites.
as that term is defined in 47 CFR § 1.40001(b)(7) for
purposes of implementing Section 6409 of the Spectrum Act.
means the most current method of radio frequency (RF) radiation
measurement adopted by the Federal Communications Commission (FCC).
means any facility that transmits and/or receives electromagnetic
waves, including, but not limited to, commercial wireless communications
antennas and other types of equipment for the transmission or receipt
of such signals, communication towers or similar structures supporting
said equipment, equipment cabinets, pedestals, meters, tunnels, vaults,
splice boxes, surface location markers, equipment, equipment buildings,
parking areas and other accessory developments.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord.
1653 § 5, 2021; Ord. 1679 § 5, 2022)
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law.
(A)
Wireless Communications Facilities Subject to Design Review. All wireless communications facilities, unless specifically exempted, are subject to design review, as provided for in Section 25.05.040. Wireless communications facilities shall comply with the review criteria/standard conditions of Section 25.55.008.
The following wireless communications facilities are exempt
from design review requirements:
(1)
A receiving satellite antenna that is one meter (39.37 inches) or
less in diameter;
(2)
A receiving satellite antenna that is two meters (78.74 inches) or
less in diameter and is located in any commercial or industrial land
use zoning district;
(3)
An antenna and all supporting equipment constructed in an existing
structure, if the installation is located entirely within the structure's
physical limits or "envelope" and the structure's exterior appears
to remain unchanged, or if the installation is located below and within
the upper limits of an existing roof parapet;
(4)
Eligible facilities requests that do not result in a substantial
change in physical dimensions to a wireless communications facility
as specified in 47 U.S.C. 1455(a), 47 C.F.R. 1.40001, or any other
subsequent applicable federal law;
(5)
Any wireless communications facilities exempted from design review
by federal or state law; and
(B)
Wireless Communications Facilities Subject to a Conditional Use Permit. Unless specifically exempted, all wireless communications facilities are subject to the granting of a conditional use permit as provided for in Section 25.05.030. Wireless communications facilities shall comply with the review criteria/standard conditions of Section 25.55.008. The following wireless communications facilities are exempt from conditional use permit requirements:
(1)
A receiving satellite antenna that is one meter (39.37 inches) or
less in diameter;
(2)
A receiving satellite antenna that is two meters (78.74 inches) or
less in diameter and is located in any commercial or industrial land
use zoning district;
(3)
An antenna and all supporting equipment constructed in an existing
structure, if the installation is located entirely within the structure's
physical limits or "envelope" and the structure's exterior appears
to remain unchanged, or if the installation is located below and within
the upper limits of an existing roof parapet;
(4)
Eligible facilities requests that do not result in a substantial
change in physical dimensions to a wireless communications facility
as specified in 47 U.S.C. 1455(a), 47 C.F.R. 1.40001, or any other
subsequent applicable federal law;
(5)
Any wireless communications facilities exempted from conditional
use permit review by federal or state law; and
(C)
Wireless Communications Facilities Subject to Administrative Use Permit. Unless specifically exempted by federal or state law, all eligible facilities requests that do not result in a substantial change in physical dimensions of a wireless communications facility as specified in 47 U.S.C. 1455(a), 47 C.F.R. 1.40001, or any other subsequent applicable federal law, are subject to the granting of an administrative use permit provided for in Section 25.55.007, unless the facility is located within the public right-of-way, in which case the provisions of Chapter 11.06 shall apply.
(D)
Submittal Requirements. In addition to the standard submittal requirements, all applications for design review, and/or conditional use permits pursuant to this Chapter 25.55, except in relation to amateur ham radio antenna(s), shall include the following information:
(1)
An accurate map, in such physical or electronic format as may be
directed by the director of community development or designee, indicating
the proposed site and detailing existing wireless communications facility
locations owned and operated by the applicant within the city on the
date of application submittal;
(2)
An engineering certification demonstrating planned compliance with
all existing federal radio frequency emissions standards, and indicating:
(i) 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;
(3)
An engineering analysis providing technical data sufficient to justify
the proposed height of the wireless communications facility;
(4)
An alternative configuration analysis, assessing the feasibility
of alternative wireless communications facility construction configurations,
both at the proposed site and in the surrounding vicinity, which would
result in a more visually compatible antenna(s), as deemed necessary
by the director of community development. This analysis shall include
an explanation of why other wireless communications facility construction
configurations were not selected;
(5)
A projection of the applicant's anticipated future wireless communications
facility siting needs within the city, which information may be used
by the city as part of a master planning effort designed to ensure
a planned, integrated and organized approach to wireless communications
facility siting;
(6)
An identification of the geographic service area for the subject
installation, including a map showing all of the applicant's existing
sites in the local service network associated with the coverage gap
the wireless communications facility is meant to close, and describing
how the coverage gap will be filled by the proposed installation;
(7)
An accurate visual impact analysis showing the maximum silhouette,
viewshed analysis, color and finish palette and proposed screening
for the wireless communications facility. The analysis shall include
photo simulations and other information as necessary to determine
visual impact of the wireless communications facility. A map depicting
where the photos were taken shall be included. The analysis shall
include a written description of efforts to blend the wireless communications
facility with the surrounding area;
(8)
The height and mass of the facility, together with evidence that
demonstrates that the proposed wireless communications facility has
been designed to the minimum height and mass required from a technological
standpoint for the proposed site;
(9)
A description of the maintenance and monitoring program for the wireless
communications facility and associated landscaping;
(10)
Noise and acoustical information derived from the manufacturer's
specifications for all equipment such as air conditioning units and
back-up generators, and a depiction of the equipment location in relation
to adjoining properties;
(11)
A concept landscape plan showing all proposed landscaping, concealment,
screening and proposed irrigation with a discussion of how the chosen
material at maturity will screen the site;
(12)
A written description of any good faith efforts to co-locate the
proposed wireless communications facility on another site or building,
including a map of the sites and engineering information or letters
from the owners of the site describing why co-location is not a possibility;
(13)
A written description of all accessory wireless equipment for the
wireless communications facility, including an explanation of the
function of this ancillary equipment and the need to locate same on
or near the wireless communications facility;
(14)
All other information as required by the city's wireless communications
facility supplemental application form, which may be modified from
time to time in the discretion of the director of the community development;
and
(15)
All telecommunications sites subject to this ordinance that will
utilize an emergency backup generator must adhere to all South Coast
Air Quality Management District rules governing the operation of that
equipment, including Rule 1470.
(E)
Noticing Requirements. Public notice for telecommunication facility projects subject to design review or conditional use permit application processing shall comply with the noticing provisions of Section 25.05.065.
(F)
Expert Review. In the event that the city, at the discretion of the
director of community development or designee, determines the need
to hire a qualified consultant to evaluate technical and other aspects
of the application, the applicant shall provide the city a deposit
for the estimated cost of such consultation, and to replenish said
deposit if consumed by reasonable costs associated with such consultation,
except to the extent as preempted by federal law. Such consultation
is intended to be a site-specific review of technical aspects of the
proposed wireless communications facility and shall address all of
the following:
(1)
Compliance with applicable radio frequency emission standards;
(2)
Height analysis;
(3)
Configuration;
(4)
The appropriateness of granting any requested exceptions;
(5)
The accuracy and completeness of submissions;
(6)
The applicability of analysis techniques and methodologies;
(7)
The validity of conclusions reached; and
(8)
Any specific technical issues designated by the city.
(G)
Development Standards. The following development standards shall
apply to all design review, and conditional use permit applications
for the installation of wireless communications facilities:
(1)
Permittee shall install and maintain permitted wireless communications
facilities in compliance with the requirements of the Uniform Building
Code, National Electrical Code, city noise standards and other applicable
codes, as well as other restrictions specified in this Chapter and/or
in a design review approval, or conditional use permit;
(2)
Visual Impact and Screening Standards. All wireless communications
facilities shall employ and maintain camouflage design and appropriate
screening to minimize visual impacts. Such techniques shall be employed
to make the installation, operation and appearance of the facility
as visually inconspicuous as possible, to prevent the facility from
visually dominating the surrounding area, and to hide the installation
from predominant views from surrounding properties. Depending on the
proposed site and surroundings, certain camouflage design techniques
may be deemed by the city as ineffective or inappropriate and alternative
techniques may be required. The following is a menu of potential camouflage
design techniques that should be considered based on different installation
situations:
(a)
For Structure-Mounted Installations (Excluding Monopole Installations).
(i)
All antenna panels and accessory wireless equipment components
mounted on the exterior of the structure shall be painted or otherwise
coated to match the predominant color of the mounting structure; and
(ii)
When required by the director of community development or designee,
antenna panels shall be located and arranged on the structure so as
to replicate the installation and appearance of the equipment already
mounted to the structure.
(b)
For Monopole Tower Installations.
(i)
Monopole installations shall be situated so as to utilize existing
natural or manmade features including topography, vegetation, buildings
or other structures to provide the greatest amount of visual screening;
(ii)
All antenna components and accessory wireless equipment shall
be treated with exterior coatings of a color and texture to match
the predominant visual background and/or adjacent architecture so
as to visually blend in with the surrounding development. Subdued
colors and non-reflective materials that blend with surrounding materials
and colors shall be used;
(iii)
In those circumstances where an installation is within or easily
visible from a zone that is not a preferred location, the director
of community development or designee may require additional measures
designed to camouflage a wireless communications facility, including,
but not limited to, enclosing the monopole entirely within a vertical
screening structure (suitable architectural feature such as a clock
tower, bell tower, icon sign, lighthouse, windmill, etc.) may be required
through the permit process. All facility components, including the
antennas, shall be mounted inside said structure; and
(iv)
The camouflage design techniques employed shall result in an
installation that either will blend in with the predominant visual
backdrop or will disguise the facility so it appears to be a decorative
or attractive architectural feature.
(c)
For Miscellaneous Installations: Although generally not appropriate,
a monorock and or monoshrub/monotree installation will be considered
properly screened provided that it is located in a setting that is
compatible with the proposed screening method. For a monoshrub/monotree,
other vegetation comparable to that replicated in the proposed screen
shall be prevalent in the immediate vicinity of the wireless communications
facility site and the addition of new comparable living vegetation
may be necessary to enhance the monoshrub/monotree screen. For a monorock,
the proposed screen shall match in scale and color other rock outcroppings
in the general vicinity of the proposed site. A monorock screen may
not be considered appropriate in areas that do not have natural rock
outcroppings.
(d)
For Co-Locations. Co-locations shall use screening methods similar
to those used on the existing wireless communications facilities,
or such other and additional screening methods as may be required
by the director of community development or designee.
(e)
For Accessory Wireless Equipment. No accessory wireless equipment
associated with the operation of any wireless communications facilities
shall impair pedestrian use of sidewalks or other pedestrian pathways,
nor inhibit equestrian activities on designated public or private
trail systems. Accessory wireless equipment shall be screened from
the sidewalk by landscaping, undergrounding or other means. The following
is a menu of potential screening techniques that should be utilized
based on the type of installation:
(i)
Accessory wireless equipment for freestanding wireless communications
facilities, not mounted on a building, shall be placed in an underground
vault if reasonably feasible. Where placing such wireless communications
facilities in an underground vault is not reasonably feasible, such
wireless communications facilities shall comply with Public Utilities
Commission General Order 95/128 and shall be visually screened through
the use of walls, landscaping or walls combined with landscaping.
All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings;
(ii)
All accessory wireless equipment shall be placed and mounted
in the least visually obtrusive feasible location; and
(iii)
All accessory wireless equipment shall be painted or textured
using colors to match or blend with the primary background. All equipment
cabinets visible to the public shall be treated with a graffiti-resistant
coating.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1485 § 10, 2008; Ord. 1555 § 14, 2011; Ord.
1577 § 14, 2013; Ord. 1579 § 1, 2013; Ord. 1627 §
1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
(A)
Intent and Purpose. It is the intent and purpose of this section
to establish a procedure whereby an administrative use permit can
be granted for eligible facilities requests that do not involve a
substantial change in physical dimensions of a wireless communications
facility. Approval of such facilities requests is required by Section
6409 of the Middle Class Tax Relief and Job Creation Act of 2012,
otherwise known as the Spectrum Act, Pub. L. 112-96, H.R. 3630, 126
Stat 156 (enacted Feb. 22, 2012) and subsequently adopted FCC rules
intended to implement Section 6409 of the Spectrum Act, specifically
including 47 C.F.R. Section 1.40001.
(B)
Procedure. Granting of administrative use permits for eligible facilities
requests that do not involve a substantial change in physical dimensions
of wireless communications facilities shall be subject to the procedures
specified in 47 C.F.R. Section 1.40001.
(C)
Conditions of Approval. Conditions of approval on wireless communications
facilities approved by an administrative use permit shall be limited
to those conditions reasonably related to non-discretionary codes
such as Health and Safety, Building, and Structural codes.
(D)
Modifications. Additions, enlargements or modifications of uses or
structures upon property for which an administrative use permit has
been granted shall not be allowed except pursuant to a subsequent
permit as might otherwise be required or granted pursuant to the terms
of this chapter.
(Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
(A)
Zoning Compliance. Wireless communications facilities may be permitted
in any zone, right-of-way or easement, except the open space/conservation
(OS/C) zone. Transmitting wireless communications facilities are strongly
discouraged in residential zones or adjacent to schools.
(B)
Height. Wireless communications facilities shall be limited to a maximum height of thirty-six feet as defined in Section 25.55.004 - Definitions "Height." The height of a non-exempt parabolic antenna shall be measured from its most vertical position and extent. Wireless communications facilities may be constructed in an existing legal, conforming or nonconforming structure at any height, if the installation is located entirely within the structure's physical limits or "envelope" and the structure's exterior appears to remain unchanged. Wireless communications facilities may be installed on the outside of an existing legal, conforming or nonconforming structure at any height, if such installation adds no more than ten inches of horizontal width to a structure's vertical surface, or if the facilities are located below and within the upper limits of an existing roof parapet.
(C)
Safety. Access to wireless communications facilities shall be restricted
to maximize public safety. Security measures should include fencing,
screening and signage, as deemed appropriate by the design review
board.
(D)
Aesthetics. The city's "Guidelines for Site Selection and Visual
Impact and Screening of Telecommunication Facilities," which is on
file with the community development department for review and copying,
shall be utilized to reduce visual impact. In an effort to reduce
a proposed wireless communications facility's aesthetic visual impact,
the Planning Commission or director of community development or designee
may request that alternative designs be developed and submitted for
consideration. Aesthetic visual impact review shall include consideration
of public views, including, but not limited to, views to and along
the coast, inland to and from the hillsides, as well as from public
parks, trails and open spaces. Co-location of wireless communications
facilities is desirable, but there shall not be an unsightly proliferation
of wireless communications facilities on one site, which adversely
affects community scenic and aesthetic values.
(E)
Environmentally Sensitive Area (ESA) Protection. Placement of wireless
communications facilities shall not be allowed to cause adverse impacts
on environmentally sensitive areas (ESAs as defined in Open Space/Conservation
Policy 8-1). Placement within ESAs shall be prohibited.
(F)
Radio Frequency (RF) Radiation Standard. Within three months after
construction of a wireless communications 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 radio frequency (RF)
radiation shall not exceed the most current FCC safety standards.
(G)
Long-Term Compliance. 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 an
approved transmitting antenna shall submit an affidavit indicating
that the wireless communications 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 independent tests
to verify compliance with the most current FCC Safety Standards and
approved power levels. The director of community development or designee
shall periodically review the approved wireless communications facility
sites and determine if testing is necessary. Approved wireless communications
facility providers shall be notified of all such director's determinations.
The operator(s) of the approved wireless communications facility shall
be responsible for the full cost of such tests.
(H)
Setbacks. The setback of all wireless communications facilities shall
meet the development standards and setback requirements of the applicable
zoning district.
(I)
Lighting. Any exterior lighting for wireless communications facilities
shall be fully shielded.
(J)
Identification. Each wireless communications facility shall be identified
by a permanently installed plaque or marker, no larger than four inches
by six inches, clearly identifying the addresses, email contact information,
and twenty-four-hour local or toll-free contact telephone numbers
for a live contact person for both the permittee and the agent responsible
for the maintenance of the wireless communications facility. Emergency
contact information shall be included for immediate responses. Such
information shall be updated in the event of a change in the permittee,
the agent responsible for maintenance of the wireless communications
facility, or both.
(K)
Maintenance.
(1)
All graffiti on any components of the wireless communications facility
shall be removed promptly in accordance with city regulations. Graffiti
on any accessory equipment in the public right-of-way must be removed
within forty-eight hours of notification.
(2)
All landscaping attendant to the wireless communications facility
shall be maintained at all times and shall be promptly replaced if
not successful.
(3)
If a flagpole is used for camouflaging a wireless communications
facility, flags shall be flown and shall be properly maintained at
all times. The use of the United States flag is subject to the provisions
of the United States Flag Code, 4 U.S.C. § 6 et seq.
(4)
All wireless communications facility sites shall be kept clean and
free of litter.
(5)
All equipment cabinets shall display a legible sign clearly identifying
the address, email contact information, and twenty-four-hour local
or toll-free contact telephone numbers for both the permittee and
the agent responsible for the maintenance of the wireless communications
facility. Such information shall be updated in the event of a change
in the permittee, the agent responsible for maintenance of the wireless
communications facility, or both.
(L)
Compliance. The permittee and the wireless communications facility
shall adhere to and comply with all applicable requirements of federal,
state and local laws, ordinances, rules, and regulations.
(M)
Abandonment or Discontinuance of Use.
(1)
All permittees or operators who intend to abandon, discontinue, and/or
terminate the use of any wireless communications facility, or co-located
portion thereof, shall notify the city of such intentions no less
than sixty days prior to the final day of use. Said notification shall
be in writing, shall specify the date of termination and shall include
reference to the applicable permit number.
(2)
All wireless communications facilities, or co-located portion thereof,
not in use for ninety days shall be considered abandoned.
(N)
Relocation. Permittee shall modify, remove or relocate its wireless communications facility, or portion thereof, without cost or expense to city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance or operation of any other city or service utility providers underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a wireless communications facility shall be completed within ninety days of notification by city unless exigencies dictate a shorter period for removal or relocation. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of permittee in compliance with Municipal Code Section 7.24.130 "Abatement cost recovery." Further, in the event of an emergency, the city may modify, remove, or relocate wireless communications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1485 § 10, 2008; Ord. 1579 § 1, 2013; Ord.
1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 §
5, 2022)
