The City Council finds and determines as follows:
A. Section 7901 authorizes telephone and wireless corporations to construct telephone or wireless telecommunication lines along and upon any public road or highway, along or across any of the waters or lands within this state and to erect poles, posts, piers or abatements for supporting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.
B. California Public Utilities Code Section 7901.1 confirms the right of municipalities to exercise reasonable control as to the time, place and manner for access to roads, highways and waterways, which control must be applied to all entities in an equivalent manner and may involve the imposition of fees. Specifically, the courts have determined that a municipality has authority to regulate the placement and appearance of telecommunications equipment installed on its public rights-of-way and that a municipality need not grant wireless providers blanket permission to install their equipment throughout a municipality, but may require wireless providers to go through a site-specific permitting process provided the process does not create a burden that it runs afoul of section 7901.
C. It is in the public interest for the city to establish reasonable regulations to promote and protect the city's aesthetic values by regulating the time, place and manner of installation of personal wireless facilities.
(Ord. 3315 § 2 (part), 2022)