A. 
The purpose of this chapter is to promote and protect the public health, safety and welfare, preserve the aesthetic character of the Solvang community, and to reasonably regulate the development and operation of wireless telecommunication facilities within the city to the extent permitted under state and federal law.
B. 
This chapter establishes clear guidelines and standards and a process for expedited permit application review intended to facilitate the orderly deployment of wireless transmission equipment to provide advanced telecommunication services to the city, its residents, businesses, and the community at large.
C. 
Because of the potential negative aesthetic impacts of wireless telecommunication facilities, including visual blight and the diminution of property value, the city endeavors to locate telecommunication facilities within commercial, industrial or other nonresidential zones, screen them from view, and encourage collocation with other wireless telecommunication facilities. Further, where a wireless telecommunications facility does not satisfy city planning and zoning standards, applicants shall be required to show, via scientific evidence from an expert in the field, that a significant gap in the wireless telecommunications provider's service exists and that no other feasible alternative sites exist. Per the FCC Telecommunications Act of 1996, local zoning cannot be preempted unless a wireless telecommunications facility is necessary to remedy a significant gap in coverage of the provider's service and there is a lack of feasible alternative site locations.
D. 
The regulations in this city are specifically not intended to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit the provision of personal wireless services; (2) unreasonably discriminate among functionally equivalent service providers; or (3) regulate wireless telecommunications facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission hereinafter also referred to as "FCC."
E. 
This chapter shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable state laws and administrative and court decisions and determinations relating to same.
(Ord. 24-0378, 12/9/2024)
For the purposes of this chapter, the following terms are specially defined.
Antenna.
A device used to transmit and/or receive radio or electromagnetic waves. Examples include, but are not limited to, panel antennas, microwave dishes, directional antennas and whip antennas.
Base Station.
The equipment and non-tower supporting structure at a fixed location that enable FCC- licensed or authorized wireless telecommunications between user equipment and a communications network.
Collocation.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. It also means to add new equipment to an existing facility, which may or may not be owned by the same company.
Equipment Cabinet.
Any transmission or other equipment other than an antenna housed within a protective case. An equipment cabinet may be indoors or outdoors, large or small, movable or immovable, above or below ground. Any equipment case with a heat sink or other cooling mechanism for the equipment inside qualifies as an equipment cabinet.
Manager.
The city of Solvang planning manager, as defined chapter 3 of the Solvang Municipal Code.
Monopole.
A single freestanding tower that is not disguised or camouflaged and is used to either act as or support antenna or arrays.
Non-Tower Support Structure.
Any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.
Stealth Facility.
A wireless telecommunication facility designed and constructed to be integrated into a building or other structure, or placed on or within a building or other structure, so that no portion of any equipment cabinet, transmission equipment, or any other apparatus associated with the facility's function is visible from publicly accessible areas.
Transmission Equipment.
Any equipment that facilitates transmission for any FCC-licensed or authorized wireless telecommunication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.
Wireless.
Any FCC-authorized wireless telecommunications service.
Wireless Telecommunications Facility or Wireless Facility or Facility.
Any facility that transmits and/or receives electromagnetic waves, including, but not limited to, commercial wireless telecommunications antennas and other types of transmission equipment for the transmission or receipt of such signals, towers or similar structures supporting said equipment, equipment cabinets and connectors, pedestals, meters, tunnels, vaults, splice box, surface location marker, equipment, equipment buildings, parking areas and other accessory development. The term also means any facility or transmission equipment used to provide any FCC-authorized wireless telecommunications service, including, but not limited to, personal wireless services defined by the Telecommunications Act of 1996 and licensed by the FCC, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennas, distributed antenna systems ("DAS") and similar systems.
Wireless Tower.
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
(Ord. 24-0378, 12/9/2024)
This chapter applies to all wireless facilities and transmission equipment as follows:
A. 
New Facilities. All permit applications received after the effective date of this chapter must comply with this chapter.
B. 
Changes to Existing Facilities. All permit applications which in any manner whatsoever seek approval to modify a previously approved facility received after the effective date of this chapter must comply with this chapter.
C. 
Exemptions. This section shall not apply to:
1. 
The city of Solvang Municipal wireless communications facilities.
2. 
Amateur Radios. This section shall not govern any amateur radio facility that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
3. 
Over-the-Air Receiving Devices. This section shall not govern any over-the-air receiving devices, as defined by the FCC at 47 CFR section 1.4000, with a maximum diameter of one meter (39 inches) for residential installations, and two meters (78 inches) for nonresidential installations, and designed, installed, and maintained in compliance with the FCC and the California Public Utilities Commission (hereinafter referred to as the "CPUC") regulations.
(Ord. 24-0378, 12/9/2024)
A. 
Permits. All new facilities and collocations or modifications to existing facilities shall require a permit in accordance with this chapter.
1. 
Conditional Use Permit and Zoning Clearance. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter, shall be subject to the approval of a conditional use permit in compliance with section 11-16-6 of this title and subject to the approval of a zoning clearance in compliance with section 11-16-5 of this zoning code. Review by the design review committee is limited to visual aesthetics and design, landscaping including screening and fencing, and site lighting.
2. 
Zoning Clearance. All collocations or modifications to existing facilities that meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter shall be subject to review by the manager.
3. 
Other Required Permits and Approvals. In addition to any conditional use permit or Zoning Clearance required under this section, an applicant must also apply for and obtain any separate permit or approval required for such telecommunication facility under this zoning code, including, but not limited to, building, and encroachment permits.
B. 
Permit Submittal. Applicant shall submit all required documents identified on the appropriate submittal checklist.
C. 
Incomplete Application Notices. In the event that city staff determines that a permit application does not contain all the required materials, city staff may issue an incomplete letter consistent with this subsection.
1. 
City staff may toll the time for review only when it issues an incomplete letter within the first 30 days after a permit application is submitted, and only when the letter specifies the incomplete or missing information and the publicly available information source that requires that missing or incomplete information. City staff may issue an incomplete letter after the first 30 days, but it will not toll the time for review.
2. 
After an applicant responds to an incomplete letter, city staff may toll the time for review when it issues a subsequent incomplete letter within 10 days after the applicant's response (even when the first 30-day period has elapsed); provided, however, that the subsequent incomplete letter cannot toll the time for review based on an issue not cited in the first incomplete letter.
D. 
Public Notice. Public notice of applications submitted shall be made pursuant to section 11-17-4 of this title.
(Ord. 24-0378, 12/9/2024)
A. 
Conditional Use Permit Application Materials.
1. 
Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.
2. 
Independent Consultant Deposit. An independent consultant deposit, if required, as the manager may establish to reimburse the city for its costs to retain one or more independent consultants to review the conditional use permit and zoning clearance application.
3. 
Site Plans. Complete and accurate construction-quality plans drawn to scale, prepared, signed and sealed by a California-licensed engineer, land surveyor and/or architect, including: (a) plan views and all four elevations before and after the proposed construction with all height and width measurements called out; (b) a depiction of all proposed transmission equipment; (c) a depiction of all proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view.
4. 
Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same or similar design and in roughly the same setting as the proposed wireless communication facility, or a statement that no such completed facility exists.
5. 
Statement of Purpose. A clear and complete written statement of purpose shall minimally include: (a) a description of the technical objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted service area to be benefitted by the proposed project; (c) the estimated number of users in the targeted service area; and (d) 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.
6. 
Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.
7. 
Alternative Sites Analysis. A clear and complete written alternative sites analysis that shows at least three technically feasible and potentially available alternative sites considered, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate. A complete alternative sites analysis may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three technically feasible and potentially available alternative sites.
8. 
Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with all maximum permissible exposure limits established by the FCC. The report shall include a detailed description of all mitigation measures required under the FCC.
9. 
Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
10. 
Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include, without limitation, all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include without limitation the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
11. 
Collocation Consent. A written statement, signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.
12. 
Other Published Materials. All other information and/or materials that the city may, from time to time, make publicly available and designate as part of the application requirements.
B. 
Guidelines and Standards in General.
1. 
Location Guidelines.
a. 
Collocation Preference. Applicants shall collocate with existing facilities to the extent feasible.
b. 
Preferred Locations. To minimize aesthetic and visual impacts and to the maximum extent feasible, all new telecommunication facilities shall be located according to the following preferences, ordered from most-preferred to least-preferred:
i. 
Parcels owned or controlled by the city;
ii. 
Parcels owned or controlled by other governmental entities;
iii. 
Parcels principally used as a golf course;
iv. 
Parcels or rights-of-way in commercial zones;
v. 
Parcels or rights-of-way in open space zones; and
vi. 
Parcels or rights-of-way in residential zones.
c. 
Exception for Facilities Proposed Based on Proximity to Residential Uses. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is not a stealth facility within 500 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is a stealth facility within 300 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location.
d. 
Most Strongly Disfavored Locations. No facility shall be permitted or constructed in a location where it would:
i. 
Extend above a ridgeline;
ii. 
Impact a designated scenic viewshed;
iii. 
Require the removal or relocation of a protected tree; or
iv. 
Be on the same parcel as a historical site or structure.
2. 
Stealth and Concealment Techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened appropriately as determined by planning commission on recommendation from the design review committee. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind substantially different than the surrounding live trees.
3. 
Landscaping. All facilities shall include a landscaped buffer at least four feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained for the life of the project. The planning commission on recommendation from the design review committee may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.
4. 
Height. All new facilities and substantial changes to existing facilities shall comply with the applicable zone height limit as specified in the zone district in which it is located, unless a modification as to height is approved by the planning commission.
5. 
Setbacks. All new facilities and substantial changes to existing facilities shall comply with the applicable setback requirements as specified in the zone district regulations in which the facility is located.
6. 
Lights. Unless otherwise required under Federal Aviation Administration ("FAA") regulations, applicants shall install only timed or motion-sensitive lights and design all lights associated with the wireless telecommunication facility in accordance with section 11-12-18 of this title.
7. 
Noise. At no time shall transmission equipment or any other associated equipment (including, but not limited to, heating and air conditioning units) at any wireless telecommunication facility emit noise that exceeds the applicable limit(s) established in the noise element of the city's general plan. Testing of backup generators or similar equipment shall only occur during standard daylight hours and in no event prior to 7:00 a.m. Monday through Friday and 8:00 a.m. Saturday and Sunday.
8. 
Signage. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted/required by the city.
9. 
Code Compliance. All facilities shall at all times comply with all applicable federal, state, and local building codes, electrical codes, fire codes, and any other code related to public health and safety.
C. 
Guidelines and Standards Specific to Wireless Towers.
1. 
To minimize aesthetic and visual impacts, all new wireless towers shall be designed in accordance with the preferred designs, ordered from most-preferred to least-preferred, as follows:
a. 
New freestanding architectural feature (e.g., faux clock tower, water tank, flagpole, etc.).
b. 
Public art installation.
c. 
False tree compatible with surrounding foliage and natural environment.
2. 
All wireless towers shall be designed and situated in a manner that utilizes existing natural or manmade features (including, but not limited to, topography, vegetation, buildings, or other structures) to visually conceal the wireless tower to the maximum extent feasible.
3. 
All tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible.
D. 
Guidelines and Standards Specific to Base Stations.
1. 
All transmission equipment shall be concealed within existing architectural features to the maximum extent feasible.
2. 
All new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure, and shall use materials in similar quality, finish, color, and texture as the existing underlying structure.
3. 
All transmission equipment shall be mounted at the lowest height and set back from the roofline to maximum extent feasible.
E. 
Guidelines and Standards Specific to Facilities in the Public Right-of-Way.
1. 
Preferred Locations. Facilities shall be located as far from residential uses as feasible, and on arterial and collector streets to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200 foot setback from other facilities, except when collocated or on opposite sides of the same street.
2. 
Undergrounded Equipment. All non-antenna equipment shall be installed underground to the maximum extent feasible. All vents, exhausts and similar features for undergrounded equipment shall be flush to grade to the maximum extent feasible; all above-grade vents, exhausts or similar features shall be designed to blend with the environment to maximum extent feasible.
3. 
Pole-Mounted or Tower-Mounted Equipment. All pole-mounted and tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, non-reflective colors that blend with the visual environment. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface unless certain equipment must be placed lower in order to comply with California Public Utilities Commission General Order 95.
F. 
Applicable Criteria for Conditional Use Permit Approval. In addition to all the guidelines and standards contained in this section, the planning commission may specifically consider the following factors in determining whether to issue a major conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this chapter are better served by the waiver:
1. 
Height of the proposed facility;
2. 
Proximity of the facility to residential structures and residential zone boundaries;
3. 
Nature of uses on adjacent and nearby properties;
4. 
Surrounding topography;
5. 
Surrounding tree coverage and foliage;
6. 
Design of the facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. 
Proposed ingress and egress;
8. 
Availability of existing facilities for collocation and/or other existing structures; and
9. 
Alternative sites listed by applicant.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and Intent.
1. 
Under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state and local governments "may not deny, and shall approve" any "eligible facilities request" so long as it does not "substantially change the physical dimensions of the existing wireless tower or base station." See 47 USC section 1455(a)(2013). A permit application subject to section 6409(a) is referred to as a "covered request."
2. 
On December 17, 2014, the FCC adopted a report and order that interpreted section 6409(a) to limit local discretion over wireless permit applications that qualified under the statute as a covered request. Among other things, the FCC specifically limited the kinds of information localities could solicit in permit applications, defined "substantially change the physical dimensions" to include objective thresholds under a cumulative limit, and enacted a rule that "deemed-granted" any covered request when the local reviewing authority fails to act within 60 days after the application is submitted. The FCC codified its rules to interpret section 6409(a) at 47 CFR section 1.40001 et seq.
3. 
The purpose of this subsection is to promote and protect the public health, safety and welfare. This chapter does so by setting forth standards and processes taken from section 6409(a) and the FCC's rules for the submittal, review, and action upon a permit application.
4. 
This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, and the applicable FCC and court decisions and determinations relating to same.
5. 
In the event that a court of competent jurisdiction issues a final ruling invalidating section 6409, then all proposed modifications to existing facilities subject to this section must be approved by a conditional use permit under section 11-16-2(G) of this title.
B. 
Time for Review. Federal regulations provide that the city must approve or deny on a zoning clearance permit application, and all other required permits and approvals, within 60 days after the applicant submits the permit application, unless tolled due to an incomplete notice or a mutual agreement to extend the time. Under federal regulations, failure to act upon a zoning clearance permit and all other required permits and approvals, within 60 days will result in a "deemed-granted" permit.
C. 
Zoning Clearance Application Materials.
1. 
Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.
2. 
Site Plans. Complete and accurate construction-quality plans drawn to scale, including: (a) plan views and all four elevations before and after the proposed change with all height and width measurements called out; (b) a depiction of all existing and proposed transmission equipment; (c) a depiction of all existing and proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view. For wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed currently, if applicable. For base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as originally constructed.
3. 
Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.
4. 
Narrative. A written narrative that explains in explicit factual detail why the applicant believes that section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval under the applicable section of this chapter for the proposed change and explain what facts allow the manager to affirmatively make each finding.
5. 
Prior Permits. True and correct copies of all previously issued permits, together with all conditions of approval, together with a written statement from the applicant that certifies the proposal will not violate any applicable permit or condition of approval.
6. 
Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC, as well as an analysis of alternative locations. The report shall include a detailed description of all mitigation measures required under the FCC.
7. 
Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
8. 
Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include, without limitation, the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
9. 
Other Permits and Approvals. A zoning clearance permit application must include all permit applications with all required application materials for each and every separate permit or approval required for such telecommunication facility under this zoning code, including, but not limited to, building, and encroachment.
10. 
Other Published Materials. All other information and/or materials that the city may make publicly available and designate as part of the application requirements.
D. 
Findings for Zoning Clearance Approval for Existing Wireless Towers on Private Property. The manager must approve a zoning clearance permit application to change an existing wireless tower on private property when the manager finds all of the following:
1. 
The applicant proposes a change that involves a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities;
2. 
The proposed change does not increase the height more than 10% or one additional antenna array not more than 20 feet (whichever is greater) above the height that exists currently, if applicable;
3. 
The proposed change does not increase the width more than 20 feet or the tower width at the level of the appurtenance (whichever is greater);
4. 
The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. 
The proposed change does not involve excavation outside the lease or license area;
6. 
The proposed change does not defeat any existing concealment elements; and
7. 
The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
E. 
Findings for Zoning Clearance Approval for Existing Base Stations on Private Property. The manager must approve a zoning clearance permit application to change an existing base station on private property when the manager finds all of the following:
1. 
The applicant proposes a change on a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing;
2. 
The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;
3. 
The proposed change does not increase the width more than six feet;
4. 
The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. 
The proposed change does not involve excavation outside the lease or license area;
6. 
The proposed change does not defeat any existing concealment elements; and
7. 
The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
F. 
Findings for Zoning Clearance Approval for Altering Facilities in the Public Right-of-Way. The manager must approve an application to change an existing wireless tower or base station in the public right-of-way when the manager finds all of the following:
1. 
The applicant proposes a change on either: (a) a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities (i.e., a "wireless tower"), or (b) a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing (i.e., a "base station");
2. 
The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;
3. 
The proposed change does not increase the width more than six feet;
4. 
The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. 
The proposed change does not involve excavation outside the proximity to the ground-mounted equipment in the public rights-of-way;
6. 
The proposed change does not defeat any existing concealment elements; and
7. 
The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
G. 
Conditions of Approval Specific to Section 6409(a) Facilities. In addition to all other conditions of approval permitted under state and federal law that the manager may deem appropriate for a specific change, all zoning clearance permits under this chapter, whether affirmatively granted by the manager under federal directive in 47 USC section 1455(a) or deemed granted by the operation of law, shall include all the conditions of approval as follows:
1. 
No Automatic Renewal. Grant or acceptance of this permit shall not renew or extend the underlying permit term.
2. 
Indemnification. To the maximum extent permitted by applicable law, and as part of its application, the applicant shall enter into an agreement whereby the applicant shall agree to at all times defend, indemnify, protect, save harmless, and exempt the city, its officers, commissioners, directors, attorneys, agents, servants, employees, and volunteers from any and all penalties, damages, or charges, excepting only punitive damages, which arise from claims, suits, demands, causes of action, and/or awards, and/or costs and expenses in connection therewith, whether compensatory or consequential, whether legal or equitable, which arise from, or are caused by, the construction, erection, installation, location, collocation, operation, maintenance, repair, modification, replacement, removal, relocation, or restoration of wireless transmission equipment within the city based on any act or omission of an applicant, its directors, officers, attorneys, site managers, agents, employees, contractors, subcontractors, independent contractors, or representatives. Without limiting the generality of the foregoing, the penalties, damages, or charges referenced in this condition of approval, shall include all reasonable attorneys' fees, consultants' fees, and expert witness' fees as costs and expenses recoverable by the city.
3. 
Compliance with Applicable Laws. The applicant shall comply with all applicable provisions in this chapter, any permit issued under this chapter, and all other applicable laws and regulations. Any failure by the city to enforce compliance shall not relieve any applicant of its obligations under this chapter, any permit issued under this chapter, or all other applicable laws and regulations.
4. 
Violations. The city may revoke a zoning clearance permit granted under this chapter for any violation of this zoning code. The remedies available to the city shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
5. 
No Waiver of Standing. The city's grant of any zoning clearance permit pursuant to 47 USC section 1455(a) shall not waive, nor be deemed to waive, the city's right and/or standing to challenge the validity of 47 USC section 1455(a) or any related administrative or judicial order or decision, either on its face or as applied in any particular case.
H. 
Zoning Clearance Denial Without Prejudice.
1. 
Grounds for a Denial Without Prejudice. The manager may issue a denial without prejudice for a zoning clearance permit when:
a. 
Based on the materials submitted by the applicant, the manager cannot make all findings required for the type of proposed change;
b. 
The proposed change would cause a violation of an objective, generally applicable law related to health and safety;
c. 
The proposed change involves the replacement of the entire support structure; or
d. 
The proposed change does not qualify for mandatory approval under 47 USC section 1455(a), as may be amended or superseded, and as may be interpreted by any order or decision by the FCC or by any court of competent jurisdiction.
2. 
Procedures for Zoning Clearance Permit Denial Without Prejudice. All zoning clearance permit application denials shall be in written form; the written permit denial shall include: (a) the decision date; (b) a statement that the city denies the permit without prejudice; (c) a short and plain statement with the basis for the denial; and (d) that the applicant may submit the same or substantially the same permit application in the future.
3. 
Submittal After Zoning Clearance Permit Denial Without Prejudice. After the manager denies a zoning clearance permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be immediately allowed to either:
a. 
Submit a new zoning clearance permit application for the same or substantially the same proposed change; or
b. 
Submit a new major conditional use permit application for the same or substantially the same proposed change.
4. 
Costs to Review a Denied Zoning Clearance Permit. The city shall be entitled to recover the reasonable costs for its review of any zoning clearance permit application. In the event that the manager denies a zoning clearance permit application, the city shall return any unused deposit fees within 60 days after a written request from the applicant. An applicant shall not be allowed to submit a major conditional use permit application or submit a zoning clearance permit application for the same or substantially the same change unless all costs for the prior-denied permit application are paid in full.
(Ord. 24-0378, 12/9/2024)
A. 
Selection by Manager. The manager may select and retain with the approval of the city manager one or more independent consultants with expertise in telecommunications satisfactory to the manager in connection with any permit review and evaluation.
B. 
Scope. The independent consultant shall review the project aspects that involve technical or specialized knowledge and may address:
1. 
Whether the applicant submitted a complete and accurate application;
2. 
Whether the facts and materials presented in a particular application tend to support certain statements or analyses in the application;
3. 
Compliance with any applicable regulations;
4. 
Any other specific technical or specialized issues requested by the city; and/or
5. 
Presence or absence of a significant gap in service coverage, as appropriate.
C. 
Independent Consultant Fee Deposit. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the manager, paid at the time the applicant submits an application. The applicant shall pay all consultant fees before the city may act on a permit application. In the event that such costs and/or fees do not exceed the deposit amount, the city shall refund any unused portion within 60 days after the final building permit is released or, if no final building permit is released, within 60 days after the city receives a written request from the applicant.
(Ord. 24-0378, 12/9/2024)
A. 
All wireless telecommunication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.
B. 
The site and the wireless telecommunication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.
C. 
All graffiti on wireless telecommunication facilities must be removed at the sole expense of the permittee within 48 hours of notification.
D. 
The permittee shall at all times maintain current contact information for all parties responsible for the facility, which shall include a phone number, street address and email address for at least one natural person. All such contact information shall be provided to the manager.
E. 
A wireless telecommunication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities. If deemed necessary by the city public works department, the permittee shall modify, remove, or relocate its facility, or portion thereof, at permittee's sole cost and expense and without cost or expense to the 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 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 telecommunications facility shall be completed within a reasonable relocation time frame as determined by the manager. In the event a wireless telecommunications 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 applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
F. 
If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the manager of the revocation within 10 days of receiving notice of such revocation.
(Ord. 24-0378, 12/9/2024)
A. 
Any facility whose permit has expired or whose permit has been terminated by the city or that is not operated for a continuous period of 180 days shall be deemed abandoned, and the owner of the facility shall remove the facility within 90 days of receipt of notice from the manager notifying the owner of the abandonment.
B. 
If the facility is not removed within the 90-day period, the manager may remove the facility at the permittee's, facility owner's, or landowner's expense pursuant to the city's abatement procedures.
C. 
If there are two or more users of the permitted facility, this provision shall not become effective until all applicable permits have expired or have terminated or all users cease using the wireless tower.
(Ord. 24-0378, 12/9/2024)
Upon transfer of an approved wireless telecommunication facility or any rights under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the manager of the date of the transfer and the identity of the transferee. The manager may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.
(Ord. 24-0378, 12/9/2024)
A. 
Each permit issued, except permitted uses pursuant to this chapter, shall be issued for a period of 10 years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the manager. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of section 11-18-9 of this chapter.
B. 
If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to insure that the facility is still in operation, that it has been properly maintained, that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified, and to determine if new means exist to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new means exist that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.
C. 
The city may add conditions to any new permits as necessary to advance a governmental interest related to health, safety, or welfare, provided, however, that any condition shall comply with applicable FCC and CPUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If an entitlement is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city's decision was made. Any applicant that is dissatisfied with a decision to renew or not to renew their permit may appeal the decision in accordance with the provisions of the section(s) under which the original approval was issued.
(Ord. 24-0378, 12/9/2024)
Notwithstanding the provisions of this chapter, one or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the manager a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service. Exceptions shall be subject to the review and approval of the planning commission and city council. The burden is on the applicant to prove significant gaps and least intrusive means as required herein.
(Ord. 24-0378, 12/9/2024)
In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause, or phrase in this chapter unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause, or phrase in this chapter irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases in this chapter might be declared unconstitutional, preempted, or otherwise invalid.
(Ord. 24-0378, 12/9/2024)