Chapter 18.55 WIRELESS COMMUNICATIONS FACILITIES

A. The purpose of this chapter is to reasonably regulate, to the extent permitted under California and federal law, the installations, operations, collocations, modifications, replacements and removals of various wireless communications facilities (“WCFs”) in the city recognizing the benefits of wireless communications while reasonably respecting other important city needs, including the protection of public health, safety, and welfare, aesthetics and local values.

B. The overarching intent of this chapter is to make wireless communications reasonably available while protecting scenic views and preserving the rural character and aesthetics of the city. This will be realized by:

1. Minimizing the visual and physical effects of WCFs through appropriate design, siting, screening techniques and location standards;

2. Encouraging the installation of visually unobtrusive WCFs at locations where other such facilities already exist; and

3. Encouraging the installation of such facilities where and in a manner such that potential adverse aesthetic impacts to the community are minimized.

C. To allow the city to better preserve the established rural character, it is the intent to limit the duration of WCF permits, in most cases, to terms of ten years, and to reevaluate existing WCFs at the end of each term for purposes of further minimizing aesthetic impacts on the community.

D. It is not the purpose or intent of this chapter to:

1. Prohibit or to have the effect of prohibiting wireless communications services; or

2. Unreasonably discriminate among providers of functionally equivalent wireless communications services; or

3. Regulate the placement, construction or modification of WCFs on the basis of the environmental effects of radio frequency (“RF”) emissions where it is demonstrated that the WCF does or will comply with the applicable FCC regulations; or

4. Prohibit or effectively prohibit collocations or modifications that the city must approve under state or federal law.

E. The provisions in this chapter shall apply to all permit applications to install, operate or change, including, without limitation, to collocate, modify, replace or remove, any new or existing wireless tower or base station within the city. This chapter does not apply to WCFs owned by or exclusively operated for government agencies, amateur radio stations, satellite dish or other television antennas or other OTARD antennas, or towers, except to the extent that such towers may be used to support WCFs.

F. Nothing in this chapter is intended to allow the city to preempt any state or federal law or regulation applicable to a WCF.

G. The provisions of this chapter are in addition to, and do not replace, any obligations a WCF permit holder may have under any franchises, licenses, or other permits issued by the city.

H. PVEMC 18.55.010 through 18.55.200 are applicable to PVEMC 18.55.210 through 18.55.230. (Ord. 722 § 1, 2017)

18.55.020 Definitions.

For the purpose of this chapter, the following words and phrases shall be defined as follows:

“Antenna” means any system of wires, poles, rods, reflecting discs, dishes, whips, or other similar devices used for the transmission or reception of electromagnetic waves.

“Antenna height” means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended.

“Array” means one or more antennas mounted at approximately the same level above ground on tower or base station.

“Base station” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables [FCC]-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in [47 C.F.R. § 1.40001(b)(9)] or any equipment associated with a tower.

(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of [47 C.F.R. § 1.40001] that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i) – (ii) of [47 C.F.R. § 1.40001].

Note: As an illustration and not a limitation, the FCC’s definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless communications facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

“Camouflaged” or “concealed WCF” means a wireless communications facility that (1) is integrated as an architectural feature of an existing structure such as (but not limited to) a cupola, or (2) is integrated in an outdoor fixture such as (but not limited to) a flagpole; or (3) uses a design which mimics and is consistent with nearby natural, or architectural features, or is incorporated into or replaces existing permitted facilities (including but not limited to stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

“City-owned structure” without limitation means any pole, building, facility, transportation or traffic sign or other structure owned by the city.

“Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as “[t]he 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.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” new equipment to an existing facility and does not necessarily refer to more than one wireless communications facility installed at a single site.

“CPUC” means the California Public Utilities Commission or its successor agency.

“Director” means the city manager or the designee of the city manager.

“Distributed antenna system” or “DAS” means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

“Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”

“Eligible facility permit” or “EFP” means a permit for an eligible facilities request that meets the criteria found in PVEMC 18.55.230.

“Eligible support structure” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.”

“Existing” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”

“Facility” means an installation used to transmit signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities.

“FCC” means the Federal Communications Commission or its successor agency.

“Mock-up” means a temporary, full-sized, structural model built to scale chiefly for study, testing, or displaying a wireless communications facility. It is nonfunctional and has no power source.

“Monopole” means a single freestanding, nonlattice, tubular tower that is not camouflaged and that is used to act as or support an antenna or antenna arrays.

“Nonresidential zone” means any zoning district other than the R-1, single-family residential zone, or R-M, multifamily residential zone.

“OTARD antenna” means antennas covered by the “over-the-air reception devices” rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.

“Personal wireless service facilities” means facilities for the provision of personal wireless services, as defined in 47 U.S.C. Section 332(c)(7).

“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. Section 332(c)(7).

“Private property” means any property owned by a private individual or entity.

“Public property” means the same as set forth in PVEMC 12.04.010, which defines the term as “property owned in fee by the city or dedicated for public use.”

“Public rights-of-way” means the same as set forth in PVEMC 12.04.010, which defines the term as “public easements or public property that are used for streets, alleys or other public purposes.” This definition excludes (1) any other public property that is not used primarily for roadways, or (2) other fee-owned public property.

“RF” means radio frequency.

“Screening” means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm, and/or other specially designed device so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized.

“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

“Section 6409(a) modification” means a collocation or modification of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station. For the purposes of a Section 6409(a) modification, the term “substantial change” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. Note: The thresholds for a substantial change in 47 C.F.R. Section 1.4000(b)(7) above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a).

“Site” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”

“Temporary wireless facilities” means portable wireless communications facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless communications facilities not permanently affixed to the land.

“Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

“Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.”

“Unconcealed” means a wireless communications facility that is not a camouflaged facility and has no or effectively no camouflage techniques applied such that the wireless equipment is plainly obvious to the observer.

“Unlicensed wireless service” means the offering of telecommunications services, using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services, as defined in 47 U.S.C. Section 332(c)(7).

“Utility pole” means any utility pole used by one or more CPUC-regulated utilities.

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

“Wireless communications facility” or “WCF” means a facility used to provide personal wireless services as defined in 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services; or any other FCC licensed or authorized service. A WCF does not include a facility entirely enclosed within a permitted building outside of the rights-of-way where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of this code. A WCF consists of an antenna or antennas, including, but not limited to, directional, omni-directional and parabolic antennas, base station, support equipment, and (if applicable) a wireless tower. It does not include the support structure to which the WCF or its components is attached. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter.

“Wireless facilities provider” means an entity utilized by a wireless service provider to construct and/or operate the wireless service provider’s wireless facility.

“Wireless facility permit, administrative” or “AWFP” means any new facility or collocation or modification to an existing facility that is camouflaged in a nonresidential zone and integrated into the facade and design of an existing structure or building. If on an existing utility pole in a nonresidential zone, the facility must be integrated into the pole, well designed, and does not substantially change the appearance of the pole as determined by the director.

“Wireless facility permit, conditional” or “CWFP” means any new facility, collocation, or modification to an existing facility not subject to PVEMC 18.55.230 located in a public rights-of-way or on private property that is unconcealed, located in a less preferred location, unconcealed in a preferred location, or does not meet the criteria for either an administrative wireless facility permit or an eligible facility permit.

“Wireless service provider” means the FCC licensed or authorized entity actually offering wireless services to the public. (Ord. 722 § 1, 2017)

18.55.030 Standards generally applicable to all wireless communications facilities.

A. Height Restrictions.

1. No tower or antenna of any wireless communications facility shall exceed the zone height limit of the zone upon which the wireless communications facility is located.

2. No wireless communications facility located in the public rights-of-way or public property shall exceed seventeen feet in height above ground level, unless otherwise approved pursuant to PVEMC 18.55.070; and except that a WCF on an existing utility pole cannot exceed six feet above the height of the existing pole.

3. The height limitations in subsections (A)(1) and (2) of this section are subject to preemption pursuant to 47 U.S.C. Section 14000.

B. Installation of WCFs. Prior to the installation of a new wireless communications facility or a modification or collocation to an existing wireless communications facility that does not constitute an “eligible facilities request” nor qualify for an eligible facility permit, the owner, or occupant with written permission from the owner of the lot, premises, parcel of land or building on which a wireless communications facility is to be located shall first obtain a conditional wireless facility permit or administrative wireless facility permit from the city pursuant to this chapter.

C. Installation of Eligible Facilities. Unless specifically exempt by federal or state law, all applications for the installation of wireless communications facilities that constitute “eligible facilities requests” within the meaning of 47 U.S.C. Section 1455(a) require the approval of an eligible facility permit as described in PVEMC 18.55.230 prior to construction of such eligible facility.

D. Exempted Facilities. This chapter does not apply to the following:

1. Amateur radio facilities;

2. OTARD antennas;

3. Facilities owned and operated by the city for its use; or

4. Facilities owned and operated by CPUC-regulated electric companies authorized to deliver electrical power in the city for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

E. Encroachment Permit. In addition to the subsections above, installation of a wireless communications facility on public property or public rights-of-way requires an encroachment permit.

F. Required Permits. All proposed facilities and collocations or modifications to facilities governed under this chapter shall be subject to either a conditional wireless facility permit or an administrative wireless facility permit from the city, unless exempted from this chapter as an eligible facility permit under PVEMC 18.55.230.

1. Conditional Wireless Facility Permit.

a. A conditional wireless facility permit is required for any new facility, collocation, or modification to an existing facility located in a public rights-of-way, public property or on private property as follows:

(1) All facilities in less preferred locations, as defined in PVEMC 18.55.210(C)(1)(b) and 18.55.220(E)(2);

(2) All unconcealed facilities in preferred locations, as defined in PVEMC 18.55.210(C)(1)(a) and 18.55.220(E)(2); and

(3) All other facilities that do not meet the criteria for either an administrative wireless facility permit described herein or an eligible facility permit described in PVEMC 18.55.230.

b. Approval of a conditional wireless facility permit for a wireless communications facility shall be subject to the following:

(1) All standards and regulations contained in PVEMC 18.55.210 and 18.55.220, and any amendments or modifications to the facility as approved by resolution of the planning commission at a noticed public hearing;

(2) No wireless communications facility proposed within two hundred feet from any dwelling used or approved for a residential use may be approved unless the proposed facility meets all of the following criteria:

(a) The proposed wireless communications facility is located on public property or public rights-of-way;

(b) All nonantenna equipment associated with the proposed wireless communications facility is placed underground, unless otherwise approved by the planning commission;

(c) No individual antenna on the proposed wireless communications facility exceeds three cubic feet in volume, unless the planning commission otherwise approves camouflage techniques that would justify an alternative size;

(d) The cumulative antenna volume on any single pole does not exceed nine cubic feet, unless the planning commission otherwise approves camouflage techniques that would justify an alternative size;

(e) The proposed wireless communications facility is located a minimum of two hundred feet from any other wireless communications facility located along the same side of the street, unless otherwise approved pursuant to PVEMC 18.55.070; and

(f) The proposed wireless communications facility is located a minimum of two hundred feet from any intersection along any street, unless the city in its proprietary capacity has granted a license or other access agreement for a wireless communications facility to use a city-owned, nondecorative traffic or safety sign pole at such an intersection, in which case no more than one city-owned, nondecorative traffic signal pole at any such intersection shall be permitted to be used to accommodate wireless communications facilities, unless otherwise approved pursuant to PVEMC 18.55.070.

c. A wireless communications facility application must include all of the contents described in PVEMC 18.55.040.

d. All decisions for a wireless communications facility must be in writing and contain the reasons for approval or denial.

e. All approved or deemed-approved wireless communications facilities shall be subject to all the conditions imposed by the planning commission.

f. Noticing requirements and appeal provisions shall follow the procedures described in PVEMC 17.04.100.

2. Administrative Wireless Facility Permit.

a. An administrative wireless facility permit is required for any new facility or collocation or modification to an existing facility as follows:

(1) All camouflaged facilities in a nonresidential zone that are integrated into the facade and design of an existing building;

(2) All camouflaged facilities on an existing structure, other than a utility pole, in a nonresidential zone;

(3) Any camouflaged facility on a utility pole in a nonresidential zone, excluding public rights-of-way, that is integrated into the pole, well designed, and does not substantially change the appearance of the pole as determined by the director; or

(4) Wireless telecommunication equipment that is incidental to and part of the provision of a public utility, including electrical power, gas, and sewerage, in accordance with a franchise agreement with the city.

b. Approval of an administrative wireless facility permit shall be subject to the following:

(1) All standards and regulations described in PVEMC 18.55.040 and 18.55.210, and any amendments or modifications to the facility as approved by the director.

(2) No camouflaged wireless communications facility proposed within two hundred feet from any dwelling used or approved for a residential use may be permitted unless the proposed facility meets all of the following criteria:

(a) All nonantenna equipment associated with the proposed wireless communications facility is placed underground or concealed into the facade or design of a building;

(b) No individual antenna on the proposed wireless communications facility exceeds three cubic feet in volume;

(d) For facilities not concealed within a building, the proposed wireless communications facility must be located a minimum of two hundred feet from any other wireless communications facility located along the same side of a street, unless the existing facility is concealed into the facade or design of a building, and a minimum of two hundred feet from any street intersection.

c. All approved or deemed-approved wireless communications facilities shall be subject to all the conditions imposed by the director.

d. All decisions for an administrative wireless facility permit must be in writing and contain the reasons for approval or denial. Each decision of the director to approve or deny an administrative wireless facility permit shall be reported to the city council and the planning commission according to procedures established by the director. Notice of the decision shall be mailed to the applicant and all owners of real property abutting, across the street or alley from, or having a common corner with the subject site.

e. An interested party may appeal a decision of the director under this section to the planning commission by filing a written appeal with the director within fifteen days after such decision and paying the established appeal fee. The planning commission shall approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law. The planning commission determination shall be final unless appealed to the city council. (Ord. 722 § 1, 2017)

18.55.040 Application content.

A. The director shall develop and publish and from time to time modify and republish an application or applications to be used to apply for permits or extensions thereof.

B. At a minimum, the director shall include in every application the following information:

1. Legal Description. A legal description of the property where the wireless communications facility is to be installed.

2. Radius Map and Certified List. A radius map and a certified list of the names and addresses of all property owners within three hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor. For wireless communications facilities in the public rights-of-way, the three hundred feet shall be measured from any portion of a base station, including antennas, cables, and equipment. The radius map and certified list may be reduced for AWFP and EFP applications at the discretion of the director.

3. Plot Plan. A plot plan of the lot, premises or parcel of land showing the exact location of the proposed wireless communications facility (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.

4. Elevations and Roof Plan. Building elevations and roof plan (for building- and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.

5. Screening. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility.

6. Manufacturer’s Specification. Manufacturer’s specifications, including installation specifications, exact location of cables, wiring, materials, color, and any support devices that may be required.

7. Good-Faith Letter. Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location and screened to the greatest extent feasible in accordance with the site selection and visual impact criteria of PVEMC 18.55.210 and 18.55.220.

8. Reasonable Efforts to Collocate Required. Applicants proposing new wireless communications facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to collocate the proposed facility on an existing facility, or antenna mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include all relevant information as applicable regarding existing towers or base stations in the area, topography, signal interference, signal propagation and available land zoning restrictions.

9. Photographs and Photo Simulations. Photographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle.

10. Master Plan. A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the wireless service provider intended to serve the city. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants may not file, and the city shall not accept, applications that are not consistent with the master plan for a period of two years from approval of a conditional wireless facility permit or administrative wireless facility permit unless: (a) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a wireless communications facility site not shown on a master plan submitted to the city within the prior two years, or (b) the applicant establishes before the planning commission that a new wireless communications facility is necessary to close a significant gap in the applicant’s service area, and the proposed new installation is the least intrusive means to do so.

A significant gap is deemed by the courts to be fact specific, and defies any bright line legal rule. Where an applicant claims a significant gap, it bears the burden to provide technically sufficient information as part of its application disclosing the nature and location of such gap, the base or basis of the claim, and the further burden to disclose all of the elements and/or factors that contributed to the applicant’s assertion thereof. The presumption shall be that no significant gap exists absent the showings required herein. Where the applicant is a wireless facilities provider that is not a wireless service provider for the services to be provided from the site under consideration and a significant gap is asserted, the information required shall be provided only by the wireless service provider, shall be provided under penalty of perjury, and shall be signed by an authorized employee of the wireless service provider. The director shall incorporate these requirements in each wireless application.

11. Alternative Analysis. A siting analysis which identifies a minimum of five other feasible locations within or outside the city which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The alternative site analysis should include at least one collocation site, if feasible.

12. Noise Study. A noise study prepared and certified by an acoustical engineer licensed by the state of California for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city’s noise regulations. The noise study must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed a one dba increase over ambient noise levels as measured from the property line of any residential property. Within residential zones and properties adjacent to residential zones, soundproofing measures shall be used to reduce noise caused by the operation of a wireless communications facility and all accessory equipment to a level which would have a no-net increase in ambient noise level as measured from the property line of any residential property.

13. Certificate of Public Convenience and Necessity. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the public rights-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a true and complete copy of its CPCN.

14. Mock-Up. A mock-up including all proposed antenna structures, antennas, cables, hardware and related accessory equipment shall be constructed prior to notice being given to the public and at least fifteen calendar days prior to a public hearing, in order for the planning commission or the director to assess aesthetic impacts to surrounding land uses and public rights-of-way. This requirement may be waived by the director.

Installation of a mock-up can occur prior to submittal of a formal application; provided, that the public works director has reviewed the plans for the mock-up and grants approval of an encroachment permit or other valid permit. Prior to installation of a mock-up, the applicant shall provide notice to all residents and homeowners within three hundred feet of the proposed mock-up at least forty-eight hours in advance, and shall provide proof of notice to the public works director.

15. RF Exposure Compliance Report. An RF exposure compliance report prepared and certified by an RF engineer licensed by the state of California that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

16. Written Authorization from Property Owner Required. Every applicant applying for authorization to construct, modify, or remove a wireless communications facility located on private or public property must include with its application a written authorization signed by the owner of the property.

17. Other Information. Any other information as deemed necessary by the city in order to consider an application for a wireless communications facility.

18. Fees. The application shall be accompanied by the appropriate fee in an amount as established by resolution of the city council.

19. Community Meeting. In addition to any other action otherwise required by law pertaining to the processing of a conditional wireless facility permit application, the applicant for which such review is being sought shall take all of the following actions:

a. Send written notice to both the owner(s) of real property, as shown on the latest equalized assessment roll, within three hundred feet of the proposed wireless communications facility, and the city planning department, of the pendency of the filing of such an application, including with such notice copies of preliminary drawings of the proposed project at a scale no smaller than one inch equals sixteen feet. No application for neighborhood review will be accepted as complete unless it contains evidence acceptable to the director that such notice has been sent.

b. Hold a community meeting at least four weeks before the date of the planning commission meeting at which the application will be heard, and invite the persons entitled to notice pursuant to subsection (B)(19)(a) of this section to attend such meeting to discuss the proposed application. The community meeting shall be held on a nonholiday weekend or during daylight hours and before nine a.m. or after five p.m. on a weekday. The meeting shall be held at the subject site; provided, however, that if the occupancy of the subject site by a tenant or physical conditions at the subject site make it unsafe or infeasible to provide a table and chairs at the subject site, the meeting may be held at another location within the city. The mock-up of the proposed project shall be erected at the subject site before the meeting. The primary location and all alternative sites shall be presented to the community as well as the reasons for the selection of the primary location. Notice of the date, time and place of such meeting shall be sent at least seven days before the meeting and shall be filed with the planning department.

c. If the hearing on the application is continued by the planning commission, the applicant is encouraged, but not required, to hold a further meeting with the persons entitled to notice pursuant to (a) of this subsection at least one week prior to the continued hearing.

d. If a meeting pursuant to subsection (B)(19)(b) of this section results in any modifications to the project prior to the planning commission hearing on the project, the applicant shall (1) notify the director of the proposed modifications, and (2) explain to the planning commission at the hearing on the matter any discrepancy between the project as proposed in the notice sent pursuant to subsection (B)(19)(a) of this section and the project as presented to the planning commission.

A community meeting may be required at the discretion of the director for an application for an administrative wireless facility permit or an eligible facility permit.

C. Appeals. No decision on any wireless communications facility application shall be considered final until and unless all appeals have been taken or are time-barred.

D. Effect of State or Federal Law Change. In the event a subsequent state or federal law prohibits the collection of any information described herein, the director is authorized to omit, modify or add to that request from the city’s application form. (Ord. 722 § 1, 2017)

18.55.050 Independent consultant review.

A. Authorization. The city council authorizes the director to, in his or her discretion, select and retain an independent consultant with expertise in communications satisfactory to the director in connection with any permit application.

B. Scope. The director may require the independent consultant to review and comment on any issue that involves specialized or expert knowledge in connection with the application. Such issues may include, but are not limited to:

1. Permit application completeness or accuracy;

2. Planned compliance with applicable federal RF exposure standards;

3. Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

4. Whether technically feasible and potentially available alternative locations and designs exist;

5. The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and

6. Any other application issue or element that requires expert or specialized knowledge.

C. Deposit. The applicant must pay for the cost of any review required under subsection B of this section and for the technical consultant’s testimony in any hearing as requested by the director and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant’s testimony and expenses at any meeting where that testimony is requested by the director. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the director shall invoice the applicant who shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in the code. (Ord. 722 § 1, 2017)

18.55.060 Collocation and modification standards.

The following additional development and design criteria apply to collocation and modifications to existing wireless communications facilities. The modification or collocation of wireless facilities not subject to the provisions of PVEMC 18.55.230 shall be disapproved if any of the following will occur:

A. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site;

B. The proposed collocation or modification would diminish the existing concealment elements of the support structure as determined by the director;

C. The proposed collocation or modification violates any section of the PVEMC, or any prior condition of approval for the site;

D. If the site is not presently camouflaged, the proposed collocation or modification does not provide for camouflage. (Ord. 722 § 1, 2017)

18.55.070 Exemptions to prevent an effective prohibition.

All requests granted under this chapter are subject to review and consideration by the planning commission. The applicant always bears the burden to demonstrate why an exemption should be granted. An applicant seeking an exemption under this section on the basis that a permit denial would actually or effectively prohibit the provision of the telecommunications service to be provided by the wireless communications facility must demonstrate by clear and convincing evidence all of the following:

A. A significant gap in the applicant’s service coverage exists; and

B. All alternative designs and locations are either technically infeasible or not available. (Ord. 722 § 1, 2017)

18.55.080 Compliance report.

A. Within thirty days after installation or modification of a WCF, the applicant shall deliver to the director a written report that demonstrates that its WCF as constructed and normally operating fully complies with the conditions of the permit, including height restrictions, and applicable safety codes, including structural engineering codes. The demonstration shall be provided in writing to the director containing all technical details to demonstrate such compliance, and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by the city at the sole expense of the applicant, which shall promptly reimburse the city for its review expenses. The director may require additional proofs of compliance as part of the application process and on an ongoing basis to the extent the city may do so consistent with federal law.

B. If the initial report required by this section shows that the WCF does not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the applicant demonstrates to the city’s satisfaction that the WCF is compliant. Applicant shall promptly reimburse the city for its compliance review expenses.

C. If the initial report required by this section is not submitted within the time required, the city may, but is not required to, undertake such investigations as are necessary to prepare the report described in subsection A of this section. Applicant shall within five days after receiving written notice from the city that the city is undertaking the review, deposit such additional funds with the city to cover the estimated cost of the city obtaining the report. Once said report is obtained by the city, the city shall then timely refund any unexpended portion of the applicant’s deposit. The report shall be provided to the applicant. If the report shows that the applicant is noncompliant, the city may suspend the permit until the applicant demonstrates to the city’s satisfaction that the WCF is compliant. During the suspension period, the applicant shall be allowed to activate the WCF for short periods, not to exceed one hundred twenty minutes during any twenty-four-hour period, for the purpose of testing and adjusting the site to come into compliance.

D. If the WCF is not brought into compliance promptly, the city may revoke the permit and require removal of the WCF. (Ord. 722 § 1, 2017)

18.55.090 Maintenance.

The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (Ord. 722 § 1, 2017)

18.55.100 Amortization of nonconforming facilities.

A. Any nonconforming facilities in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this section. As used in this section, the “fair market value” will be the construction costs listed on the building permit application for the subject facility and the “minimum years” allowed will be measured from the date on which this chapter becomes effective.

Fair Market Value on Effective Date	Minimum Years Allowed
Less than $50,000	5
$50,000 to $500,000	10
Greater than $500,000	15

B. The director may grant a written extension to a date certain not greater than one year when the facility owner shows (1) a good faith effort to cure nonconformance, and (2) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The director must not grant any permanent exemption from this section.

C. Nothing in this section is intended to limit any permit term to less than ten years. In the event that the amortization required in this section would reduce the permit term to less than ten years for any permit granted on or after July 21, 2017, then the minimum years allowed will be automatically extended by the difference between ten years and the number of years since the city granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. Section 1455(a) pursuant to PVEMC 18.55.230 on the basis that the subject wireless communications facility is a legal nonconforming facility. (Ord. 722 § 1, 2017)

18.55.110 Permit extensions.

An existing wireless communications permit that is subject to term expiration may be extended for a maximum of two additional five-year terms upon the following conditions:

A. Every application for a five-year extension shall be:

1. Made on the extension application form provided by the city; and

2. Accompanied by a fee in an amount as established by resolution of the city council.

B. The extension application shall be developed and revised from time to time at the director’s discretion. The extension application shall at a minimum require the following:

1. The identification of the wireless site requested to be extended; and

2. A true and complete copy of all city-issued permits for the site including any collocations at the site.

C. The extension application shall be approved by the director only upon the following mandatory showings:

1. That the site as it exists at the time the extension application is tendered is in all respect compliant with all applicable city permits for the site, including collocations; and

2. If the site as it exists at the time the extension application is tendered would be approvable consistent with the city’s code in existence at that time. (Ord. 722 § 1, 2017)

18.55.120 Temporary wireless facilities.

A. Temporary wireless facilities may be placed and operated within the city without an administrative temporary use permit only when a duly authorized federal, state, county or city official declares an emergency within the city, or a region that includes the city in whole or in part at the location of the temporary wireless facility.

B. By placing a temporary wireless facility pursuant to this section the entity or person placing the temporary wireless facility agrees to and shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the city or its agents, officers, officials, employees or volunteers for any and all claims of any nature related to the installation, use, nonuse, occupancy, removal, and disposal of the temporary wireless facility.

C. The temporary wireless facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary wireless facility.

D. Any temporary wireless facilities placed pursuant to this section must be removed within the earlier of (1) five days after the date the emergency is lifted or (2) upon three days’ written notice from the director or city manager, or (3) within one hour if required for public safety reasons by city police or fire officials. In the event that the temporary wireless facility is not removed as required in this section, the city may at its sole election remove and store or remove and dispose of the temporary wireless facility at the sole cost and risk of the person or entity placing the temporary wireless facility.

E. Any person or entity that places temporary wireless facilities pursuant to this section must send the director or city manager an email notice or deliver a written notice by hand within thirty minutes of the placement followed by a written notice dispatched within twelve hours to the director or city manager via prepaid U.S. mail first overnight delivery, such as U.S. Postal Express Mail or its equivalent, that identifies the site location of the temporary wireless facility and person responsible for its operation. (Ord. 722 § 1, 2017)

18.55.130 Revocation.

A. Grounds for Revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or law provision applicable to the facility.

B. Revocation Procedures.

1. When the director finds reason to believe that grounds for permit revocation exist, the director shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee’s last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice, but no more than thirty days unless authorized by the director, to cure the noncompliance or show that no noncompliance ever occurred.

2. If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the city council shall conduct a noticed public hearing to determine whether to revoke the permit for the uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the city council. After the noticed public hearing, the city council may revoke or suspend the permit when it finds that the permittee had notice of the noncompliance and an enforceable permit, permit condition or law applicable to the facility. Written notice of the city council’s determination and the reasons therefor shall be dispatched by certified U.S. mail, return receipt requested, to the permittee’s last known address. Upon revocation, the city council may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare. (Ord. 722 § 1, 2017)

18.55.140 Decommissioned or abandoned wireless communications facilities.

A. Decommissioned Wireless Facilities. Any permittee that intends to decommission a wireless communications facility must send thirty days’ prior written notice by United States certified mail to the director. The permit will automatically expire thirty days after the director receives such notice of intent to decommission, unless the permittee rescinds its notice within the thirty-day period.

B. Procedures for Abandoned Facilities or Facilities Not Kept in Operation.

1. To promote the public health, safety and welfare, the director may declare a facility abandoned when:

a. The permittee notifies the director that it abandoned the use of a facility for a continuous period of ninety days; or

b. The permittee fails to respond within thirty days to a written notice sent by certified U.S. mail, return receipt requested, from the director that states the basis for the director’s belief that the facility has been abandoned for a continuous period of ninety days; or

c. The permit expires and the permittee has failed to file a timely application for renewal.

2. After the director declares a facility abandoned, the permittee shall have ninety days from the date of the declaration (or longer time as the director may approve in writing as reasonably necessary) to:

a. Reactivate the use of the abandoned facility subject to the provisions of this chapter and all conditions of approval;

b. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned facility; or

c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.

3. If the permittee fails to act as required in subsection (B)(2) of this section within the prescribed time period, the city council may deem the facility abandoned and revoke the underlying permit(s) at a noticed public meeting in the same manner as provided in subsection (B)(2) of this section. Further, the city council may take any legally permissible action or combination of actions reasonably necessary to protect the public health, safety and welfare from the abandoned wireless communications facility. (Ord. 722 § 1, 2017)

18.55.150 Wireless communications facilities removal or relocation.

A. Removal by Permittee. The permittee or property owner must completely remove the wireless communications facility and all related improvements, without cost or expense to the city, within ninety days after:

1. The permit expires; or

2. The city council properly revokes a permit pursuant to PVEMC 18.55.130(B); or

3. The permittee decommissions the wireless communications facility; or

4. The city council properly deems the wireless communications facility abandoned pursuant to 18.55.140(B); or

5. In addition and within the ninety-day period, the permittee or property owner must restore the former wireless communications facility site area to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

B. Removal by City. The city may, but is not obligated to, remove an abandoned wireless communications facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed wireless communications facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate in its sole discretion. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. A lien may be placed on all abandoned personal property and the real property on which the abandoned wireless communications facility is located for all costs incurred in connection with any removal, repair, restoration and storage performed by the city. The city clerk shall cause such a lien to be recorded with the county of Los Angeles clerk-recorder’s office.

C. Relocation Procedures for Facilities in the Rights-of-Way. After reasonable written notice to the permittee, the director may require a permittee, at the permittee’s sole expense and in accordance with the standards in this chapter applicable to such wireless communications facility, to relocate or reconfigure a wireless communications facility in the public rights-of-way as the director deems necessary to maintain or reconfigure the rights-of-way for other public projects or take any actions necessary to protect public health, safety and welfare. The provisions in this section are intended to include circumstances in which a wireless communications facility is installed on a pole scheduled for undergrounding. (Ord. 722 § 1, 2017)

18.55.160 Fee or tax.

The city council may, by resolution, impose any fee or tax permitted by law for the placement of a wireless communications facility. Such fee or tax shall be in addition to any fee imposed by the city council for an application for a conditional wireless facility permit or administrative wireless facility permit. (Ord. 722 § 1, 2017)

18.55.170 Compliance obligations.

An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the code, this chapter, any permit, any permit condition or any applicable law or regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by the applicant or permittee. (Ord. 722 § 1, 2017)

18.55.180 Conflicts with prior ordinances.

If the provisions in this chapter conflict in whole or in part with any other city regulation or ordinance adopted prior to the effective date of this chapter, the provisions in this chapter will control. (Ord. 722 § 1, 2017)

18.55.190 Duty to retain records.

The permittee must maintain complete and accurate copies of all permits and other regulatory approvals (collectively, the “records”) issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. (Ord. 722 § 1, 2017)

18.55.200 Severability.

In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this section and shall not affect the validity of the remaining portions of this section. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this section irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this section might be declared unconstitutional, preempted or otherwise invalid. (Ord. 722 § 1, 2017)

18.55.210 Wireless communications facilities on public or private property.

A. Purpose. The following procedures and design standards shall be required for the installation of wireless communications facilities within public or private property. These criteria are intended to guide and facilitate applicants in locating and designing facilities and supporting equipment in a manner that will be compatible with the purpose, intent, and goals of this section. It is the intent of the city to use its time, place, and manner authority to protect and preserve the aesthetics of the city.

B. Permit Required.

1. Installation of wireless communications facilities located on public or private property will be subject to this chapter.

2. Applicants shall apply for a conditional wireless facility permit or administrative wireless facility permit for any wireless communications facility that it seeks to place on public or private property.

C. Design Standards. The following general design guidelines shall be considered for regulating the location, design, and aesthetics for a wireless communications facility:

1. Site Selection Criteria.

a. Preferred Locations. When doing so would not conflict with one of the standards set forth in this subsection or with federal law, wireless communications facilities shall be located in the most preferred location as described in this subsection, which range from the most preferred to the least preferred locations on public or private property.

(1) Location on a new or existing building in a nonresidential zone.

(2) Location on an existing city-owned structure in a nonresidential zone.

(3) Location on a new camouflaged structure in a nonresidential zone.

(4) Located more than two hundred feet of a residential building, excluding out-buildings, unless camouflaged in or on a nonresidential building (e.g., churches, temples, etc.).

b. Less Preferred Locations. To the extent feasible, facilities shall not be located in the following areas:

(1) Environmentally sensitive areas;

(2) On the top of a ridgeline when prominently visible from public viewpoints;

(3) On the top of a bluff, slope or hill along or adjacent to a roadway where views of the ocean would be significantly obstructed; or

(4) On a structure, site or in a district designated as a local, state or federal historical landmark, or having significant local historical value as determined by the city council.

c. No new facility may be placed in a less preferred location unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no more preferred location can feasibly serve the area the facility is intended to serve; provided, however, that the planning commission may authorize a facility to be established in a less preferred location if doing so is necessary to prevent substantial aesthetic impacts.

d. All facilities (including all related accessory cabinet(s)) shall meet the setback requirements of the underlying zone. In no case shall any portion of a facility be located in a defined front yard or side yard.

e. In no case shall any part of a facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use is decreased) or interfere with the normal operation of the existing use of the site.

f. All wireless communications facilities shall utilize unmetered commercial power service, or commercial power metering in the enclosure required by the utility, or remote power metering in flush-to-grade vaults. If a commercial power meter is installed and the wireless communications facility can be converted to unmetered or wireless power metering, the permittee shall apply for a permit modification to perform the conversion.

g. Any freestanding ground-mounted wireless communications facility, including any related accessory cabinet(s) and structure(s), shall apply towards the allowable lot coverage for structures/buildings of the underlying zone.

h. The antenna height of any wireless communications facility shall not exceed the height limit of the underlying zone or the maximum permissible height of property upon which the WCF is located.

D. General Standards.

1. Unless Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless communications facility shall be valid for a period of ten years, unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire.

2. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.

3. No permittee shall unreasonably restrict access to an existing antenna location if required to collocate by the city, and if feasible to do so.

4. All antennas shall be designed to prevent unauthorized climbing.

E. Visual Impacts.

1. Facilities shall be designed to be as visually unobtrusive as possible. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties.

2. Facilities shall not be of a bright, shiny or glare-reflective finish. The facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding; provided, that, wherever feasible, a light color shall be used to meet this requirement.

3. If feasible, the base station and all wires and cables necessary for the operation of a facility shall be placed underground so that the antenna is the only portion of the facility that is above ground. If the base station is located within or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables attached to the base station screened from public view. The applicant shall demonstrate to the satisfaction of the planning commission or director that it is not technically feasible to locate the base station below ground.

4. Innovative design to minimize visual impact must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.

5. Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the facility and the grade of the site as related to surrounding nearby grades of properties and public street rights-of-way.

6. Landscaping or other screening shall be placed so that the antenna and any other aboveground structure is screened from public view. Landscaping or other screening required by this section shall be maintained by the permittee and replaced as necessary as determined by the director. All existing landscaping that has been disturbed by the permittee in the course of placement or maintenance of the wireless facility shall be restored to its original condition as existed prior to placement of the wireless facility by the permittee.

7. Wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening.

8. All building and roof-mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and located to minimize visual impacts.

F. Undergrounding of Equipment. To preserve community aesthetics, all facility equipment, excluding antennas, aboveground vents, and the smallest possible electrical meter boxes, shall, to the greatest extent possible, be required to be located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Equipment may include, but is not limited to, the following: meter pedestals, fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, electrical meter boxes related to wireless communications facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas on public property and private property. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities, the director may approve alternative above-grade equipment mounting when adequately screened from public view. Any approved above-grade equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to interfere with or create hazards to pedestrians or motorists.

G. Soundproofing Measures. Within residential zones, and properties adjacent to residential zones, soundproofing measures shall be used to reduce noise caused by the operation of wireless communications facilities and all accessory equipment to a level which would have no net increase in ambient noise level.

H. Antennas and Other Pole-Mounted Equipment. Antennas and other pole-mounted equipment located above ground shall conform to the following criteria:

1. Facilities installed on existing utility poles, street lights or sign poles shall be appropriately scaled and aesthetically designed such that the new facility is not substantially larger, more obtrusive, or more readily visible than the existing facilities or utility devices affixed to the utility poles in the immediate vicinity of the proposed installation.

2. No more than one antenna array may be attached to a utility pole, street light pole or sign pole unless it is a collocation.

3. If required, an antenna enclosure shall be attached directly to the top of the pole or mounted around the main pole circumference. Antenna enclosures shall not be mounted perpendicular to the main pole structure and shall not be mounted on cross members or outrigger structures extending from the main pole.

4. Antennas may not exceed six feet above the utility pole tip height, unless additional separation is required by applicable safety codes.

5. Pole-mounted equipment, other than the antenna, is prohibited on sign poles. Equipment shall be located in a ground-mounted cabinet or underground vault.

6. No new poles may be installed except as replacements for existing poles.

7. No new utility pole may be installed in a commercial or open space zone unless the CPUC has authorized the applicant to install such facilities and the applicant demonstrates that no other feasible alternative exists.

8. All facilities may only have subdued colors and nonreflective materials that blend with the surrounding area.

9. Conduits shall not be exposed and must be concealed within the support pole. (Ord. 722 § 1, 2017)

18.55.220 Wireless communications facilities in the public rights-of-way.

A. Purpose. The following procedures and design standards shall be required for the installation of wireless communications facilities within the public rights-of-way. These criteria are intended to guide and facilitate applicants in locating and designing facilities and supporting equipment in a manner that will be compatible with the purpose, intent, and goals of this section. It is the intent of the city to use its time, place, and manner authority to protect and preserve the aesthetics of the city and the health and safety of pedestrians and occupants of vehicles in city rights-of-way.

B. Permit Required. Installation of wireless communications facilities within the public rights-of-way will be permitted subject to payment of applicable permit fees. The director or his designee will review and approve encroachment permit applications from carriers which hold a certificate of public convenience and necessity (CPCN) from the California Public Utilities Commission (CPUC), subject to the criteria contained in this section.

C. Insurance Required. A certificate of general liability insurance and commercial automobile liability insurance in a form and amount acceptable to the city must be submitted prior to issuance of the permit, and maintained for as long as the facilities exist within the public rights-of-way.

D. Permit Duration. Unless Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless communications facility shall be valid for a period of ten years, unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire.

E. Design Standards.

1. Location. Facilities may be located in the public rights-of-way when doing so would not conflict with one or more of the standards set forth in this subsection or with federal law.

2. Wireless communications facilities in the public rights-of-way shall be located in the most preferred location as described in this subsection, which range from the most preferred to the least preferred locations.

a. Location on an existing city-owned structure in a nonresidential zone.

b. Located more than two hundred feet of a residential building, excluding accessory buildings.

c. Location on an existing structure, utility pole or street sign pole, except that the facility may be located in a residential zone if it is necessary to prevent substantial aesthetic impacts and is the least intrusive means.

d. Location on a new camouflaged structure in a nonresidential zone.

e. Collocation on an existing eligible support structure, except that the facility may be located in a residential zone if it is necessary to prevent substantial aesthetic impacts and is the least intrusive means.

f. Location on a new structure, except that the facility may be located in a residential zone if it is necessary to prevent substantial aesthetic impacts and is the least intrusive means.

3. Proposed facilities located in the public rights-of-way may be denied if any of the following occurs:

a. Conflicts with existing overhead or underground utilities or structures;

b. Interferes with traffic visibility;

c. Results in vehicular access problems;

d. Results in a safety hazard;

e. Would violate any law or regulation; or

f. Significantly impacts the aesthetics of the area.

4. Undergrounding of Equipment. To preserve the rural nature and the community aesthetics, all portions of a wireless communications facility, excluding antennas and the towers or poles they are mounted to, shall be required to be located underground, flush to the finished grade, fully enclosed, and not cross property lines. Electrical meter boxes related to wireless communications facilities shall be appropriately screened and located in less prominent areas within the public rights-of-way.

5. For facilities adjacent to residential zones, sound reduction measures shall be used to reduce any noise caused by the operation of the wireless communications facility.

F. Antennas and Other Pole-Mounted Equipment. Antennas located above ground on an existing utility pole or on a sign pole shall conform to the following criteria:

1. Wireless communications facilities shall be appropriately scaled and aesthetically designed to be consistent with the surrounding area in which it is installed.

2. No more than one antenna array may be attached to any structure in the public rights-of-way unless for a collocation.

3. If required, an antenna enclosure shall be attached directly to the top of the pole or mounted around the main pole circumference. Antennas shall not be mounted perpendicular to the main pole structure and shall not be mounted on cross members or outrigger structures extending from the main pole unless required by the CPUC.

4. Antennas may not exceed six feet above the utility pole tip height, unless additional separation is required by applicable safety codes.

5. Pole-mounted equipment, other than antennas, are prohibited on sign poles unless otherwise approved by the planning commission. Equipment shall be located within a ground-mounted cabinet or underground vault.

6. No new poles may be installed except as replacements for existing poles.

7. No new utility pole may be installed in a public rights-of-way unless the CPUC has authorized the applicant to install such facilities and the applicant demonstrates that no other feasible alternative exists.

8. All facilities may only have subdued colors and nonreflective materials that blend with the surrounding area.

9. Conduits shall not be exposed and must be concealed within the support pole. (Ord. 722 § 1, 2017)

18.55.230 Rule 6409, eligible wireless communications facilities.

A. Purpose. The purpose of this section is to adopt reasonable regulations and procedures, consistent with and subject to federal and California state law, for compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related Federal Communications Commission regulations codified in 47 C.F.R. Section 1.40001 et seq.

1. Section 6409(a) generally requires that state and local governments “may not deny, and shall approve” requests to collocate, remove or replace transmission equipment at an existing tower or base station. FCC regulations interpret the statute and create procedural rules for local review, which generally preempt subjective land-use regulations, limit application content requirements and provide the applicant with a “deemed granted” remedy when the local government fails to approve or deny the request within sixty days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only “personal wireless service facilities” (e.g., cellular telephone towers and equipment), Section 6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g., wi-fi, satellite, or microwave backhaul).

2. The city council finds that the partial overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless communications facilities deployment and deliberately planned community development in accordance with local values. The city council further finds that a separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will best prevent such confusion.

3. Accordingly, the city of Palos Verdes Estates adopts this section to reasonably regulate requests submitted for approval under Section 6409(a) to collocate, remove or replace transmission equipment at an existing wireless tower or base station, in a manner that complies with federal law and protects and promotes the public health, safety and welfare of the citizens of Palos Verdes Estates.

B. Prohibition of Personal Wireless Service. This section does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless communications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.

C. Eligible Facility Permit. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted for approval under Section 6409(a) shall require an eligible facility permit subject to the director’s approval, conditional approval or denial under the standards and procedures contained in this section. However, the applicant may alternatively elect to seek either a conditional wireless facility permit or an administrative wireless facility permit described elsewhere in this chapter.

D. Other Regulatory Approvals Required. No collocation or modification approved under any eligible facility permit may occur unless the applicant also obtains all other permits or regulatory approvals from other city departments and state or federal agencies. An applicant may obtain an eligible facility permit concurrently with permits or other regulatory approvals from other city departments after first consulting with the director. Furthermore, any eligible facility permit granted under this section shall remain subject to the lawful conditions and/or requirements associated with such other permits or regulatory approvals from other city departments and state or federal agencies.

E. Permit Applications – Submittal and Review Procedures.

1. Permit Application Required. The director may not grant any eligible facility permit unless the applicant has submitted a complete application.

2. Permit Application Content. This section governs minimum requirements for permit application content and procedures for additions and/or modifications to eligible facility permit applications. The city council directs and authorizes the director to develop and publish application forms, checklists, informational handouts and other related materials that describe required materials and information for a complete application in any publicly stated form. Without further authorization from the city council, the director may from time to time update and alter the permit application forms, checklists, informational handouts and other related materials as the director deems necessary or appropriate to respond to regulatory, technological or other changes. The materials required under this section are minimum requirements for any eligible facility permit application the director may develop.

a. Application Fee Deposit. The applicable permit application fee established by city council resolution. In the event that the city council has not established an application fee specific to an eligible facility permit, the established fee for an administrative wireless facility permit shall be required.

b. Prior Regulatory Approvals. Evidence that the applicant holds all current licenses and registrations from the FCC and any other applicable regulatory bodies where such license(s) or registration(s) are necessary to provide wireless services utilizing the proposed wireless communications facility. For any prior local regulatory approval(s) associated with the wireless communications facility, the applicant must submit copies of all such approvals with any corresponding conditions of approval. Alternatively, a written justification that sets forth reasons why prior regulatory approvals were not required for the wireless communications facility at the time it was constructed or modified.

c. Site Development Plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a California-licensed engineer showing any existing wireless communications facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements.

d. Equipment Specifications. Specifications that show the height, width, depth and weight for all proposed equipment. For example, dimensioned drawings or the manufacturer’s technical specifications would satisfy this requirement.

e. Photographs and Photo Simulations. Photographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle. At least one photo simulation must clearly show the impact on the concealment elements of the support structure, if any, from the proposed modification.

f. RF Exposure Compliance Report. An RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

g. Justification Analysis. A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. Section 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the city to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station; and (ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.

h. Noise Study. A noise study prepared and certified by an acoustical engineer licensed by the state of California for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city’s noise regulations. The noise study must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits set out in the noise ordinance.

3. Pre-Application Meeting Appointment. Prior to application submittal, applicants must schedule and attend a pre-application meeting with city staff for all eligible facility permit applications. Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project qualifies for an eligible facility permit; any latent issues in connection with the existing tower or base station; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues. Applicants must submit a written request for an appointment in the manner prescribed by the director. City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.

4. Application Submittal Appointment. All applications for an eligible facility permit must be submitted to the city at a pre-scheduled appointment. Applicants may submit up to three WCF site applications per appointment but may schedule successive appointments for additional applications whenever feasible by the director. Applicants must submit a written request for an appointment in the manner prescribed by the director. City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.

5. Application Resubmittal Appointment. All application resubmittals must be tendered to the city at a pre-scheduled appointment. Applicants may resubmit up to three individual WCF site applications per appointment but may schedule successive appointments for additional applications whenever feasible for the city. Applicants must submit a written request for an appointment in the manner prescribed by the director. City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.

6. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within ninety days after the city deems the application incomplete in a written notice to the applicant. The director may in the director’s discretion grant a written extension for up to an additional thirty days upon a written request for an extension received prior to the ninetieth day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant’s reasonable control.

F. Notice.

1. Manner of Notice. Within fifteen days after an applicant submits an application for an eligible facility permit, written notice of the application shall be sent by first-class United States mail to:

a. Applicant or its duly authorized agent;

b. Property owner or its duly authorized agent;

c. All real property owners within three hundred feet from the subject site as shown on the latest equalized assessment rolls;

d. Any person who has filed a written request with either the city clerk or the city council; and

e. Any city department that will be expected to review the application.

2. Notice Content. The notice required under this section shall include all the following information:

a. A general explanation of the proposed collocation or modification;

b. The following statement: “This notice is for information purposes only; no public hearing will be held for this application. Federal law may require approval for this application. Further, Federal Communications Commission regulations may deem this application granted by the operation of law unless the City approves or denies the application, or the City and applicant reach a mutual tolling agreement”; and

c. A general description, in text or by diagram, of the location of the real property that is the subject of the application.

G. Approvals – Denials without Prejudice. Federal regulations dictate the criteria for approval or denial of approval permit application submitted under Section 6409(a). The findings for approval and criteria for denial without prejudice are derived from, and shall be interpreted and applied in a manner consistent with, such federal regulations.

1. Findings for Approval. The director may approve or conditionally approve an application for an eligible facility permit only when the director finds all of the following:

a. The application involves the collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

b. The proposed changes would not cause a substantial change.

2. Criteria for a Denial without Prejudice. The director shall not approve an application for an eligible facility permit when the director finds that the proposed collocation or modification:

a. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or

b. Involves a structure constructed or modified without all approvals required at the time of the construction or modification; or

c. Involves the replacement of the entire support structure; or

d. Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.

3. All Eligible Facility Permit Denials Are without Prejudice. Any “denial” of an eligible facility permit application shall be limited to only the applicant request for approval pursuant to Section 6409(a) and shall be without prejudice to the applicant. Subject to the application and submittal requirements in this chapter, the applicant may immediately submit a new permit application for either a conditional wireless facility permit, administrative wireless facility permit, or submit a new and revised eligible facility permit.

4. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the city’s authority to conditionally approve an application for an eligible facility permit to protect and promote the public health, safety and welfare.

H. Standard Conditions of Approval. Any eligible facility permit approved or deemed granted by the operation of federal law shall be automatically subject to the conditions of approval described in this section.

1. Permit Duration Unchanged. The city’s grant or grant by operation of law of an eligible facility permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of an eligible facility permit shall not extend the term of the underlying wireless facility permit or any city-authorized extension thereto.

2. Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any eligible facility permit(s), such permit(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facility permits. A permittee shall not be required to remove its improvements approved under the invalidated eligible facility permit when it has submitted an application for either a conditional wireless facility permit or an administrative wireless facility permit for those improvements before the one-year period ends. The director may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.

3. No Waiver of Standing. The city’s grant or grant by operation of law of an eligible facility permit does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible facility permit.

4. Compliance with All Applicable Laws. The permittee shall maintain compliance at all times with all federal, state and local laws, statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject site, the facility or any use or activities in connection with the use authorized in this permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws.

5. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

6. Contact Information for Responsible Parties. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person who is responsible for the facility. All such contact information for responsible parties shall be provided to the director upon permit grant, annually thereafter, and permittee’s receipt of the director’s written request.

7. Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees (a) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (b) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

8. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Radio frequency emissions, to the extent that they comply with all applicable FCC regulations, are not considered to be adverse impacts to adjacent properties.

9. General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

10. Graffiti Abatement. Permittee shall remove any graffiti on the wireless communications facility at permittee’s sole expense subject to the provisions of Chapter 8.49 PVEMC.

I. Notice of Decision – Appeals.

1. An application for an eligible facilities request shall be filed with the director on a form prescribed by the director.

2. Each decision of the director to approve an eligible facilities request shall be reported to the city council and the planning commission according to procedures established by the director. Notice of the decision shall be mailed to the applicant and all owners of real property abutting, across the street or alley from, or having a common corner with the subject site as shown on the latest equalized assessment rolls at the time the application was submitted.

3. An interested party may appeal a decision of the director under this section to the planning commission by filing a written appeal with the director within fifteen days after such decision and paying the established appeal fee. The planning commission shall approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law. The planning commission determination shall be final unless appealed to city council.

4. Fees for an eligible facilities request and for an appeal of a determination thereon shall be levied as provided for by this code and established by resolution of the city council.

5. No decision on any wireless communications facility application shall be considered final until and unless all appeals have been taken or are time-barred. (Ord. 722 § 1, 2017)