Chapter 11.44 TELECOMMUNICATIONS DEVELOPMENT AND INSTALLATION

A. The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunications facilities and installation of antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Gonzales as set forth within the goals, objectives and policies of the Gonzales general plan; while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations and encouraging managed development of telecommunications infrastructure to ensure Gonzales’ role in the evolution of technology. It is also the stated intent of this chapter to provide a public forum to ensure a balance between public concerns and private interests in establishing telecommunications and related facilities.

B. It is furthermore intended that, to all extent permitted by law, the city shall apply these regulations to specifically accomplish the following:

1. Protect the visual character of the city from the potential adverse effects of telecommunications facility development and minor antenna installation.

2. Ensure against the creation of visual blight within or along the city’s scenic corridors and structural ridge lines.

3. Retain local responsibility for and control over the use of public rights of way to protect citizens and enhance the quality of their lives.

4. Protect the inhabitants of Gonzales from the possible adverse health effects associated with exposure to high levels of NIER (nonionizing electromagnetic radiation).

5. Protect the environmental resources of Gonzales.

6. Ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the business community.

7. Create and preserve telecommunications facilities that will serve as an important and effective part of Gonzales’s emergency response network.

8. Simplify and shorten the process for obtaining necessary permits for telecommunications facilities, while at the same time protecting the legitimate interests of Gonzales citizens.

9. Provide for the charging of reasonable, competitively neutral, nondiscriminatory fees for use of the public right of way by telecommunications providers.

10. Provide for the maximization of access and usability of an internet web site for the city of Gonzales. (1972 Code § 15.04.010)

11.44.020 DEFINITIONS:

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:


ANTENNA:	Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks (COLTs) facilities, as well as dispatch carriers for specialized mobile radio (SMR) services and enhanced SMR (ESMR).


Building Mounted:	Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building mounted mast less than ten feet (10’) tall and six inches (6") in diameter, or structure other than a telecommunications tower.


Directional (Also Known As A "Panel" Antenna):	Transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees (360°).


Ground Mounted:	Any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten feet (10’) tall and six inches (6") in diameter.


Omni-Directional:	Transmits and/or receives radio frequency signals in a three hundred sixty degree (360°) radial pattern. For the purpose of this chapter, an omni-directional antenna is up to fifteen feet (15’) in height and up to four inches (4") in diameter.


Parabolic (Also Known As A Satellite Dish Antenna):	Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication or signals in a specific directional pattern. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas. Direct broadcast satellite service (DBS) is a system in which signals are transmitted directly from a satellite to a small (not exceeding 18 inch) home receiving dish. DBS competes with cable television.


Portable:	Any device used to transmit and/or receive electromagnetic or radio frequency communications or signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long term use at a given site.


Vertical:	A vertical type antenna without horizontal cross sections greater than one-half inch (1/2") in diameter.


COLOCATION:	See definition of Telecommunications Facility, Colocated.


EQUIPMENT BUILDING, SHELTER OR CABINET:	A cabinet or building used by telecommunications providers to house equipment at a facility.


INHABITED AREA:	Any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.


LATTICE TOWER:	A self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars, to support antennas and related equipment.


MAXIMUM CREDIBLE EARTHQUAKE:	The maximum earthquake predicted to affect a given location based on the known lengths of the active faults in the vicinity.


MONOPOLE:	A wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.


NIER:	Nonionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).


PUBLIC SERVICE USE OR FACILITY:	A use operated or used by a public body or public utility in connection with any of the following services: water, wastewater management, public education, parks and recreation, fire and police protection, disaster or other emergency response operations, solid waste management, transportation or utilities.


PUBLIC WAY:	Means and includes all public streets and utility easements, now and hereafter owned by the city, but only to the extent of the city’s right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.


QUASI-PUBLIC USE:	A use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.


READILY VISIBLE:	An object that stands out as a prominent feature of the landscape when viewed with the naked eye.


RELATED EQUIPMENT:	All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.


SATELLITE EARTH STATION:	A telecommunications facility consisting of more than a single satellite dish smaller than ten feet (10’) in diameter that transmits to and/or receives signals from an orbiting satellite.


SILHOUETTE:	A representation of the outline of the tower and antenna associated with a telecommunications facility, as seen from an elevation perspective.


STRUCTURE RIDGELINE:	The line along the top of a roof or top of a structure, if it has no roof.


TELECOMMUNICATIONS FACILITY:	A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.


Colocated:	A telecommunications facility comprised of a single telecommunications tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.


Commercial:	A telecommunications facility that is operated primarily for a business purpose or purposes.


Exempt:	Includes, but is not limited to, the following unless located within a recognized historic district:
	A. A single ground or building mounted receive only radio or television antenna, including any mast, for the sole use of the tenant occupying a residential parcel on which the radio or television antenna is located, with an antenna height, including the height of any structure upon which it is placed, not exceeding twenty five feet (25’).
	B. A ground or building mounted citizens’ band radio antenna, including any mast, if the height (post and antenna), including the height of any structure upon which it is placed, does not exceed thirty five feet (35’).
	C. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service, if the height (post and antenna), including the height of any structure upon which it is placed, does not exceed thirty five feet (35’).
	D. A ground or building mounted receive only radio or television satellite dish antenna, which does not exceed three feet (3’) in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located, provided the height of said dish does not exceed the height of the ridge line of the primary structure on said parcel.
	E. Any citizens’ band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the amateur radio service which existed at the time of the adoption of this chapter (March 1997).
	F. Mobile services providing information coverage of news events of a temporary nature.
	G. Hand held devices such as cell phones, business band mobile radios, walkie talkies, cordless telephones, garage door openers and similar devices as determined by the planning director.
	H. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights, including the height of any structure upon which it is placed, not exceeding thirty five feet (35’).


Major:	All telecommunications facilities not clearly set forth and included in the definition of "exempt", "mini" or "minor" facilities.
Mini:	An attached wireless communication facility consisting of, but not limited to, the following unless located on a structure recognized as an historic landmark:
	A. A single ground or building mounted receive only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located, with an antenna height, including the height of any structure upon which it is placed, not exceeding fifty feet (50’).
	B. A ground or building mounted citizens’ band radio antenna, including any mast, if the height (tower, support structure, post and antenna), including the height of any structure upon which it is placed, does not exceed seventy feet (70’).
	C. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service, if the height (post and antenna), including the height of any structure upon which it is placed, does not exceed seventy feet (70’).
	D. A ground or building mounted receive only radio or television satellite dish antenna, with diameter exceeding three feet (3’) but less than eight feet (8’) in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located, provided the height of said dish does not exceed the height of the ridge line of the primary structure on said parcel.
	E. An exempt telecommunications facility located within a recognized historic district.
	F. City owned and operated antennas used for emergency response services, public utilities, operations and maintenance if the height, including the height of any structure upon which it is placed, does not exceed seventy feet (70’).


Minor:	Any of the following:
	A. Antennas which meet the definition of "telecommunications facility, mini" with the exception of the height limit.
	B. Telecommunications facilities less than thirty five feet (35’) in height and that adhere to section 11.44.100 of this chapter.
	C. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches (4") in diameter whose total height does not exceed thirty five feet (35’), including any mast to which it is attached, located on public or quasi-public, commercial, and/or industrial zoned property.
	D. A ground or building mounted panel antenna whose height is equal to or less than four feet (4’) and whose area is not more than four hundred eighty (480) square inches in the aggregate (e.g., one foot diameter parabola or 2 foot x 1.5 foot panel) as viewed from any one point, located on public or quasi-public, commercial, and/or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable.
	E. More than three (3) antennas, satellite dishes (greater than 3 feet in diameter), panel antennas, or combination thereof, proposed to be placed on a commercial or industrial parcel, including existing facilities.
	F. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on public or quasi-public, commercial, and/or industrial zoned property.
	G. Telecommunications facilities less than fifty feet (50’) in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Gonzales which is utilized for public and/or quasi-public uses where it is found by the planning director to be compatible with the existing city uses of the property.
	H. Telecommunications facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the planning director to be aesthetically compatible with the existing and surrounding structures.
	I. Telecommunications facilities located on a structure recognized as an historic landmark.
	J. Installation of an antenna on any existing structure of any height (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) other than a telecommunications tower, so long as said additional antenna adds no more than twenty feet (20’) to the height of said existing structure.
	K. Installation of an antenna on an existing telecommunications tower of any height, including a preexisting tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet (20’) to the height of said existing tower.


Multiple User:	A telecommunications facility comprised of multiple telecommunications towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only.


Noncommercial:	A telecommunications facility that is operated solely for a nonbusiness purpose.


TELECOMMUNICATIONS TOWER:	A mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast less than ten feet (10’) tall and six inches (6") in diameter supporting a single antenna shall not be considered a telecommunications tower. (1972 Code § 15.04.020)

11.44.030 GENERAL REQUIREMENTS:

The following requirements shall be met for all telecommunications facilities in any zoning district:

A. Any applicable general plan goals, objectives, programs and policies, specific plan, PUD standards, design guidelines, and the permit requirements of any agencies which have jurisdiction over the project.

B. All the requirements established by the other chapters of the Gonzales municipal code and Gonzales zoning ordinance that are not in conflict with the requirements contained in this chapter.

C. Any applicable provisions of the uniform building code, national electrical code, uniform plumbing code, uniform mechanical code, and uniform fire code.

D. Any applicable federal aviation administration regulations.

E. Any applicable easements or similar restrictions on the subject property, including adopted PUD standards.

F. Facilities and minor antennas cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback.

G. All setbacks shall be measured from the base of the tower or structure closest to the applicable property line or structure.

H. All commercial telecommunications facilities and minor antenna shall comply at all times with all FCC rules, regulations, and standards.

I. All telecommunications facilities shall maintain in place a security program, when determined necessary by and subject to the review and approval of the police chief, that will prevent unauthorized access and vandalism.

J. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

K. All telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the city shall register with the city pursuant to section 11.44.040 of this chapter.

L. The display of any sign or any other graphics on a telecommunications facility or on its screening is prohibited, except for public safety warnings. (1972 Code § 15.08.010)

11.44.040 REGISTRATION OF CARRIERS AND PROVIDERS:

A. Registration Required: All telecommunications carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the city, or outside the corporate limits from telecommunications facilities within the city, shall register with the city on forms to be provided by the planning director, which shall include the following:

1. The identity and legal status of the registrant, including any affiliates.

2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

3. A narrative and map description of registrant’s existing or proposed telecommunications facilities within the city.

4. A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city.

5. Information sufficient to determine that the applicant has applied for and is receiving any certificate of authority required by the California public utility commission to provide telecommunications services or facilities within the city.

6. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the federal communications commission (FCC) to provide telecommunications services or facilities within the city.

7. Such other information as the planning director may reasonably require.

B. Registration Fee: Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee as set forth by resolution of the city council.

C. Purpose Of Registration: The purpose of registration under this section is to:

1. Provide the city with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the city, or that own or operate telecommunications facilities with the city.

2. Assist the city in enforcement of this chapter.

3. Assist the city in the collection and enforcement of any license fees or charges that may be due the city.

4. Assist the city in monitoring compliance with local, state and federal laws.

D. Amendment: Each registrant shall inform the city within sixty (60) days of any change of the information set forth in this section. (1972 Code § 15.08.020)

11.44.050 WRITTEN AGREEMENT:

No approval granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the approval to occupy and use public ways of the city will be granted. (1972 Code § 15.08.030)

11.44.060 NONEXCLUSIVE GRANT:

No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of telecommunications services or any other purposes. (1972 Code § 15.08.040)

11.44.070 RIGHTS GRANTED:

No approval granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and term stated in the approval. Further, no approval shall be construed as any warranty of title. (1972 Code § 15.08.050)

11.44.080 EXEMPT FACILITIES:

"Exempt" facilities defined in section 11.44.020 of this chapter (under definition of "telecommunications facility") may be installed, erected, maintained and/or operated in any residential zoning district, except recognized historic districts, where such antennas are permitted under this chapter, without benefit of a building permit or other entitlement process, so long as all the following conditions are met:

A. The antenna use involved is accessory to the primary use of the property which is not a telecommunications facility.

B. In a residential zone, no more than one support structure for licensed amateur radio operator or satellite dish no more than three feet (3’) in diameter is allowed on the parcel.

C. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

D. There is compliance with all applicable provisions of the uniform building code. (1972 Code § 15.08.060)

11.44.090 MINI FACILITIES:

"Mini" facilities defined in section 11.44.020 of this chapter (under definition of "telecommunications facility") may be installed, erected, maintained and/or operated in any residential, commercial or industrial zoning district where such antennas are permitted under this chapter, upon the issuance of a building permit which has received site plan review and approval by the planning director, so long as all the following conditions are met:

A. In a commercial or industrial zone, no more than three (3) antennas or satellite dishes eight feet (8’) or less in diameter, where adequate screening, at the discretion of the planning director, is provided, and the telecommunications facilities are solely for the use of the project site tenants, location subject to the discretionary review and approval of the planning director.

B. Replacement of preexisting telecommunications facilities, installed under a prior approval under this chapter, which is being proposed for replacement by equipment of identical or a smaller size, at the discretion of the planning director.

C. In a residential zone, where more than one, but no more than three (3), antennas or satellite dishes exceeding three feet (3’) but less than eight feet (8’) in diameter are proposed.

D. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (1972 Code § 15.08.070)

11.44.100 MINOR FACILITIES:

A. Basic Requirements: "Minor" facilities as defined in section 11.44.020 of this chapter (under definition of "telecommunications facility") may be installed, erected, maintained and/or operated in any public or quasi-public, commercial, or industrial zoning district where such antennas are permitted under this chapter, upon the issuance of a site plan permit, so long as all the following conditions are met:

1. The minor antenna use involved is accessory to the primary use of the property, which is not a telecommunications facility.

2. The combined effective radiated power radiated by all the antennas present on the parcel is less than one thousand five hundred (1,500) watts.

3. The combined NIER levels produced by all the antennas present on the parcel does not exceed the NIER standard established in section 11.44.270 of this chapter.

4. The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel, so as to create a negative visual impact.

5. The antenna is located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located and no closer than twenty feet (20’) to any property line.

6. None of the guy wires employed are anchored within the area in front of the primary structure on the parcel.

7. No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact.

8. At least ten feet (10’) of horizontal clearance exists between the antenna and any power lines, unless more clearance is required to meet CPUC standards.

9. All towers, masts, and booms are made of a noncombustible material, and all hardware, such as brackets, turnbuckles, clips, and similar type equipment subject to rust or corrosion, has been protected either by galvanizing or sheradizing after forming.

10. The materials employed are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible.

11. The installation is in compliance with the manufacturer’s structural specifications and the requirements of the uniform building code, including section 507, exceptions table SD, table 23-24 and section 3602, as applicable.

12. The height of the facility shall include the height of any structure upon which it is placed, unless otherwise defined within this chapter.

13. No more than two (2) satellite dishes are allowed on the parcel, one of which may be over three feet (3’) in diameter, but no larger than eight feet (8’) in diameter, with adequate screening, at the discretion of the planning director.

14. Any ground mounted satellite dish with a diameter greater than four feet (4’) that is situated less than five (5) times its actual diameter from adjoining property lines which has screening treatments located along the antenna’s nonreception window axes and low level landscape treatments along its reception window axes.

15. Any roof mounted panel antenna with a face area greater than three and one-half (3 1/2) square feet shall be located so as to be effectively unnoticeable.

16. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

17. The facility is located more than seventy five feet (75’) from any residential dwelling unit, unless recognized as an "exempt" facility as set forth in section 11.44.020 of this chapter, under definition of "telecommunications facility".

18. No trees larger than twenty inches (20") in diameter measured at four and one-half feet (4 1/2’) high on the tree would have to be removed.

19. Any new building, structure, control panel, etc., shall be effectively screened from view from off site.

20. The site has an average cross slope of ten percent (10%) or less.

21. All utility lines to the facility from public or private streets shall be undergrounded.

22. If located within a recognized historic district, or on a structure recognized as an historic landmark, that adequate screening has been provided.

23. The general criteria set forth in this chapter are met. (1972 Code § 15.08.080)

B. Referral: The planning director may refer a site plan permit for a minor telecommunications facility that meets all of the above standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the planning commission review this matter. In that case and the case of any proposed facility that fails to meet one or more of the standards listed above, a conditional use permit approved by the planning commission and the city council shall be required to construct the facility in question. (1972 Code § 15.08.090)

11.44.110 MINIMUM APPLICATION REQUIREMENTS:

The following are the minimum criteria applicable to all "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions may also be necessary. All telecommunications facilities shall comply with the following:

A. The planning director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock ups and/or photomontages, visual impact analysis, NIER (nonionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security considerations, lists of other nearby telecommunications facilities known to the city, master plan for all related facilities within the city limits of Gonzales and within one-fourth (1/4) mile therefrom; and facility design alternatives to the proposal and deposits for peer review, if deemed necessary by the director. The planning director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted.

B. The planning director is explicitly authorized at his/her discretion to employ on behalf of the city an independent technical expert to review any technical materials submitted, including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party. (1972 Code § 15.08.100)

11.44.120 STANDARD AGREEMENT REQUIRED:

A. Agreement Required; Right Of Entry By City: A maintenance or facility removal agreement signed by the applicant shall be submitted to the planning director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunications tower, one or more new buildings or equipment enclosures larger in aggregate than three hundred (300) square feet, more than three (3) satellite dishes of any size, or a satellite dish larger than four feet (4’) in diameter, except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter, under "telecommunications facility". Said agreement shall bind the applicant and the applicant’s successors in interest to properly maintain the exterior appearance of and ultimately remove the facility in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the city and/or its agents to enter onto the property and undertake said work so long as:

1. The planning director has first provided the applicant the following written notices:

a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least forty five (45) calendar days to complete it; and

b. A follow up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the city’s intent to commence the required work within ten (10) working days.

2. The applicant has not filed an appeal pursuant to section 11.44.310 of this chapter within fourteen (14) working days of the notice required under subsection A1 of this section. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the city.

3. All costs incurred by the city to undertake any work required to be performed by the applicant pursuant to the agreement referred to in this subsection, including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within ten (10) working days of written request therefor such costs as the city reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within ten (10) working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the monies demanded within ten (10) working days. It shall further require that operation remain suspended until such costs are paid in full.

B. Fee: Standard agreement required by subsection A of this section shall be accompanied by the payment of a fee, as established by resolution of the city council, into a trust fund established to cover expenditures for the removal, screening, enhancement or similar activities relating to the existence of telecommunications facilities within the city.

C. Stipulations: Standard agreement required by subsection A of this section shall include, but not be limited to, the following stipulations agreed to by the applicant:

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

2. The telecommunications facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith. (1972 Code § 15.08.110)

11.44.130 LIFE OF PERMITS:

A. Periodic Review; Costs Borne By Provider: A conditional use or site plan permit issued pursuant to this chapter authorizing establishment of a "telecommunications facility", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter, shall be reviewed every ten (10) years. Costs associated with the review process shall be borne by the telecommunications facility owner or provider. Grounds for revocation of the conditional use or site plan permit, pursuant to chapters 12.20, 12.28 and 12.32 of this code, shall be limited to a finding that: 1) the use involved is no longer allowed in the applicable zoning district; 2) the facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal, and the permittee has failed to supply assurances acceptable to the planning director that the facility will be brought into compliance within one hundred twenty (120) days; 3) the permittee has failed to comply with the conditions of approval imposed; 4) the facility has not been properly maintained; or 5) the facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above do in fact exist or that the notice required under section 11.44.290 of this chapter was not provided.

B. Failure To Renew Permit: If a conditional use permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing ten (10) years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued within one hundred twenty (120) days thereafter, all improvements installed, including their foundations down to three feet (3’) below ground surface, shall be removed from the property and the site restored to its natural preconstruction state within one hundred eighty (180) days of nonrenewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition, unless the property owner establishes to the satisfaction of the planning director that these sections of road are necessary to serve some other allowed use of the property that is permitted or is currently present or to provide access to adjoining parcels. (1972 Code § 15.08.120)

11.44.140 STRUCTURAL REQUIREMENTS:

No telecommunications facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any "telecommunications tower", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter, located at a distance of less than one hundred ten percent (110%) of its height from a habitable structure, property line, or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind and earthquakes when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the building official prepared by a structural engineer licensed by the state describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the planning director at least every five (5) (self-supporting and guyed towers)/ten (10) (monopoles) years of an inspection report prepared by a California licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the building official may require repair or, if a serious safety problem exists, removal of the tower. (1972 Code § 15.08.130)

11.44.150 BASIC TOWER AND BUILDING DESIGN:

All "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all the following measures shall be implemented:

A. Towers, Construction: Telecommunications towers shall be constructed out of metal or other nonflammable material, unless specifically conditioned by the city to be otherwise.

B. Height Of Towers: Telecommunications towers taller than thirty five feet (35’) shall be monopoles or guyed or lattice towers except where satisfactory evidence is submitted to the planning director or planning commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunications use to minimize the need for screening from adjacent properties or to reduce the potential for bird strikes.

C. Satellite Dishes, Construction: Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the planning director or planning commission, as appropriate, is submitted showing that this is infeasible.

D. Support Facilities: Telecommunications support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only).

E. Height Of Supports: Telecommunications support facilities shall be no taller than fifteen feet (15’) in height and shall be treated to look like a building or facility typically found in the area.

F. Site Below Ridgeline: Telecommunications support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

G. Color To Blend With Elements: All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that, in the opinion of the planning director or planning commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

H. Cross Sectional Area: The project description and permit shall include a specific maximum allowable gross cross sectional area, or silhouette, of the facility. The silhouette shall be measured from the "worst case" elevation perspective.

I. Special Design: The city shall have the authority to require special design of the telecommunications facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

J. Anticlimbing Measures: Telecommunications facilities shall ensure that sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (1972 Code § 15.08.140)

11.44.160 CRITICAL DISASTER RESPONSE FACILITIES:

A. Required Measures: All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end, all the following measures shall be implemented:

1. Nonflammable exterior wall and roof covering shall be used in the construction of all buildings.

2. Openings in all buildings shall be protected against penetration by fire and windblown embers.

3. The telecommunications tower, when fully loaded with antennas, transmitters, other equipment and camouflaging, shall be designed to withstand the forces expected during the "maximum credible earthquake". All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

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

5. Measures shall be taken by the service provider or carrier to keep the facility operational in the event of disaster.

B. Demonstration Of Compliance:

1. Demonstration of compliance with the requirements in subsections A1, A2, A4 and A5 of this section (fire only) shall be evidenced by a certification signed by the city fire chief on the building plans submitted.

2. Demonstration of compliance with the requirements in subsections A3 through A5 of this section (earthquake only) shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the state. (1972 Code § 15.08.150)

11.44.170 LOCATION:

All telecommunications facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end, all of the following measures shall be implemented for all "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter:

A. Special Painting Or Lighting: No telecommunications facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the planning director or planning commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility.

B. Visibility Of Facility: No telecommunications facility shall be installed on, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or in property designated as parks and open space or as being in a flood hazard zone in the Gonzales general plan, unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible.

C. Proximity To Other Facility: No telecommunications facility that is readily visible from off site shall be installed closer than one-half (1/2) mile from another readily visible uncamouflaged or unscreened facility unless it is a colocated facility, situated on a multiple user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, or technical evidence acceptable to the planning director or planning commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of colocating it on one of these former sites.

D. Blending With Surroundings: No telecommunications facility that is readily visible from off site shall be installed on a site that is not already developed with telecommunications facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable, or technical evidence acceptable to the planning director or planning commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of colocating it on one of these former sites.

E. Setback Requirements: Telecommunications towers shall be set back at least twenty percent (20%) of the tower height from all property lines and at least one hundred feet (100’) from any public trail, park or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet (20’) from any property line. (1972 Code § 15.08.160)

11.44.180 HEIGHT DETERMINATION:

The height of a telecommunications tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. (1972 Code § 15.08.170)

11.44.190 COLOCATED AND MULTIPLE USER FACILITIES:

A. Analysis:

1. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunications service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding rural and urban areas. The analysis shall address the potential for colocation at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The city may require independent verification of this analysis at the applicant’s expense.

2. Facilities which are not proposed to be colocated with another telecommunications facility shall provide a written explanation why the subject facility is not a candidate for colocation.

B. Design: All colocated and multiple user telecommunications facilities shall be designed to promote facility and site sharing. To this end, telecommunications towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when, in the determination of the planning director or planning commission, as appropriate, this will minimize overall visual impact to the community.

C. Colocation Encouraged:

1. The facility shall make available unutilized space for colocation of other telecommunications facilities, including space for these entities providing similar, competing services.

2. A good faith effort in achieving colocation shall be required of the host entity.

3. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the city property files.

4. Unresolved disputes may be mediated by the planning commission or city council.

5. Colocation is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off line for a significant period of time.

D. Improvements Causing Interference: Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of said establishment of additional facilities, shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities. (1972 Code § 15.08.180)

11.44.200 LIGHTING:

All telecommunications facilities shall be unlit except for the following:

A. A manually operated or motion detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night.

B. The minimum tower lighting required under FAA regulation.

C. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences. (1972 Code § 15.08.190)

11.44.210 ROADS AND PARKING:

All "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter, shall be served by the minimum roads and parking areas necessary. To this end, all the following measures shall be implemented:

A. Roads: Existing roads shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and public works director. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunications facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and public works director.

B. Parking Areas:

1. Existing parking areas shall, whenever possible, be used.

2. Any new parking areas constructed shall be no larger than three hundred fifty (350) square feet. (1972 Code § 15.08.200)

11.44.220 VEGETATION PROTECTION AND FACILITY SCREENING:

All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end, all of the following measures shall be implemented for all "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter:

A. Landscape Plan:

1. A landscape plan shall be submitted with project application submittal indicating all existing vegetation, identifying landscaping that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas.

2. The landscape plan shall be subject to review and approval of the site plan review process.

3. All trees larger than four inches (4") in diameter shall be identified in the landscape plan with indication of species type, diameter at four and one-half feet (4 1/2’) high, and whether it is to be retained or removed with project development.

B. Required Measures: Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power or telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:

1. A tree protection plan shall be submitted with the building permit application. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction.

2. Grading, cutting or filling, and the storage or parking of equipment or vehicles shall be prohibited in landscaped areas to be protected and the drip line of any trees required to be preserved. Such areas shall be fenced to the satisfaction of the planning director. Trash, debris, or spoils shall not be placed within these fences nor shall the fences henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the planning director.

3. All underground lines shall be routed such that a minimum amount of damage is done to tree root systems.

C. Replanting With Vegetation: All areas disturbed during project construction other than the access roads and parking areas required under section 11.44.210 of this chapter shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the planning director.

D. Replacing Trees Or Vegetation: Any existing trees or significant vegetation on the facilities site or along the affected access area that die shall be replaced with native trees and vegetation of a size and species acceptable to the planning director.

E. Increased Visibility: No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power or telecommunication lines serving it. (1972 Code § 15.08.210)

11.44.230 FIRE PREVENTION:

A. Minimizing Risk Of Fire: All telecommunications facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end, all of the following measures shall be implemented for all "telecommunications facilities", when determined necessary by the fire chief, except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter:

1. At least one hour fire resistant interior surfaces shall be used in the construction of all buildings;

2. Monitored automatic fire extinguishing systems approved by the fire chief shall be installed in all equipment buildings and enclosures.

3. Rapid entry (KNOX) systems shall be installed as required by the fire chief.

4. Type and location of vegetation and other materials within ten feet (10’) of the facility and all new structures, including telecommunications towers, shall have review for fire safety purposes by the fire chief. Requirements established by the fire chief shall be followed.

5. All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.

B. Demonstration Of Compliance: Demonstration of compliance with the requirements in subsections A1 through A5 of this section shall be evidenced by a certificate signed by the fire chief on the building plans submitted. (1972 Code § 15.08.220)

11.44.240 ENVIRONMENTAL RESOURCE PROTECTION:

All telecommunications facilities shall be sited so as to minimize the effect on environmental resources. To that end, the following measures shall be implemented for all "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter:

A. Endangering Plants Or Animals: No telecommunications facility or related improvements, including, but not limited to, access roads and power lines, shall be sited so as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species.

B. Archaeological Sites: No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site.

C. Migratory Birds: No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds.

D. Compliance With City Regulations: The facility shall comply with all applicable city floodplain, floodway and storm drainage and erosion control regulations.

E. Adverse Visual Impacts: Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.

F. Public Use Areas: Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

G. Drainage, Erosion Control Measures: Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of ten percent (10%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible. (1972 Code § 15.08.230)

11.44.250 NOISE AND TRAFFIC:

All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end, all the following measures shall be implemented for all "telecommunications facilities", except "exempt" and "mini" facilities as defined in section 11.44.020 of this chapter:

A. Construction Activities: Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday, nonholiday) between the hours of seven thirty o’clock (7:30) A.M. and five thirty o’clock (5:30) P.M., unless allowed at other times by the planning director.

B. Generators: Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred feet (100’) of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of sixty (60) dB at the property line and an interior noise level of an Ldn of forty five (45) dB. Testing and maintenance shall only take place on weekdays between the hours of eight thirty o’clock (8:30) A.M. and four thirty o’clock (4:30) P.M.

C. Traffic Kept To Minimum: Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two (2) round trips per day on an average annualized basis once construction is complete. (1972 Code § 15.08.240)

11.44.260 VISUAL COMPATIBILITY:

A. Blending With Surroundings: Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunications service and the need to be compatible with neighboring residences and the character of the community.

B. Design: The facility shall be designed to blend with any existing supporting structure and shall not substantially alter the character of the structure or local area.

C. Waste And Debris: Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

D. Analysis: A visual analysis, which may include photomontage, field mock up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the planning director. Consideration shall be given to views from public areas, as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. (1972 Code § 15.08.250)

11.44.270 NIER EXPOSURE:

A. Power Generation: No telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no telecommunications facility or combination of facilities shall produce, at any time, power densities in any "inhabited area", as this term is defined in section 11.44.020 of this chapter, that exceed the ANSI (American National Standards Institute) C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the city, county, the state, or the federal government.

B. Compliance With Standards: Initial compliance with this requirement shall be demonstrated for any facility within four hundred feet (400’) of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER (nonionizing electromagnetic radiation) calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent (80%) of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the planning director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may require, at the applicant’s expense, independent verification of the results of the analysis.

C. Periodic Reports: Every telecommunications facility within four hundred feet (400’) of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five (5) years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the planning director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed eighty percent (80%) of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the state to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author’s or engineer’s findings with respect to compliance with the current NIER standard shall be submitted to the planning director within five (5) years of facility approval and every five (5) years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety (90) days of the date said change becomes effective.

D. Failure To Comply; Use Permit Revocation: Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement. (1972 Code § 15.08.260)

11.44.280 EXCEPTIONS:

A. Conditional Use Permit: Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the city council. Such a permit may only be approved if the city council finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

B. Concurrence By Fire Chief: An exception to the requirements of sections 11.44.160 and 11.44.230 of this chapter may only be granted upon written concurrence by the fire chief.

C. Setback Requirements Waived: Tower setback requirements may be waived under any of the following circumstances:

1. The facility is proposed to be colocated onto an existing, legally established telecommunications tower; and

2. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (1972 Code § 15.08.270)

11.44.290 PUBLIC NOTICE:

In addition to the public notice required by law, the following special noticing shall be provided:

A. Conditional Use Permit: Notice of consideration or a public hearing, as appropriate, on a conditional use permit authorizing the establishment or modification of a telecommunications facility shall be provided to the operators of all telecommunications facilities, registered with the city pursuant to section 11.44.040 of this chapter, within one mile of the subject parcel via mailing of the standard legal notice prepared.

B. Site Plan Permit: Notice of the approval of a site plan permit by the planning director authorizing the establishment or modification of, or the renewal of a permit for, a telecommunications facility or minor antenna needing site plan review, shall be mailed to all adjacent property owners within three hundred feet (300’). Mailing of said notice shall start a fourteen (14) calendar day appeal period. (1972 Code § 15.08.280)

11.44.300 AMBIGUITY:

In order to achieve consistent and efficient coordination and enforcement in the administration of this chapter, the planning director, or some person delegated to act in his/her stead, shall have the power and duties set forth below:

A. All duties identified for the planning director as set forth in section 12.12.080 of this code, including the authority to interpret this chapter to members of the public, to city departments and other branches of city government, including preliminary negotiation with and advice to applicants for administrative approval, subject to the policy of the city council. Said duties shall be carried out in consultation with the director of public works.

B. Report regularly to the city council on the conduct of his/her office including number of applications processed and their resolution. (1972 Code § 15.08.290)

11.44.310 APPEAL; HEARING:

Any person who disagrees with a ruling or interpretation of the planning director regarding this chapter may appeal the matter to the planning commission. Such appeal shall be made in writing and filed with the city clerk within fourteen (14) calendar days of the ruling or interpretation. The city clerk will then transmit the appeal to the planning director, who will cause the matter to be placed on the agenda of the planning commission. If no appeal is made within that time, the ruling or interpretation shall be final. The appeal shall be addressed to the city clerk and shall set forth in writing the grounds for the appeal and the relief sought by the appellant. The hearing shall be scheduled within two (2) regularly scheduled meetings. The planning director shall notify in writing all persons who have demonstrated their interest in this matter of the time and place of the meeting on the appeal at least ten (10) calendar days prior to the meeting. The planning director shall transmit the application and all exhibits therewith to the planning commission for consideration. For the purposes of this section, a ruling is a discretionary action (e.g., a conditional use permit or a site plan permit), and an interpretation refers to the determination of the intent and application of provisions of this chapter. Application or enforcement of provisions of this chapter shall not be considered interpretations or rulings and are not subject to appeal. Notwithstanding this section, an individual may file for an exception from the provisions of this chapter pursuant to section 11.44.280 of this chapter. (1972 Code § 15.08.300)