This section establishes the parameters for review of a Wireless Permit to identify review criteria, processing procedures, regulations, and conditions for these requests.
A. Reviewing Authority. The Director is authorized to act on and grant approvals of a Wireless Permit for any small wireless facility. The Zoning Administrator is the authority for all other Wireless Permit applications.
B. Review Criteria:
1. Requirements for Ministerial Approval of Small Wireless Facilities. The Director shall ministerially approve, subject to the conditions stated in Section 15.53.100, a complete and duly filed application for a Wireless Permit if the Director determines that:
a. the proposed project is a small wireless facility, and
b. the proposed project would not be located on a structure within the boundaries of the Central Business District (CBD) and would not be located on a new pole or support structure within a Residential Preservation Zone (P), and
c. either: (i) the proposed project would meet the requirements of Section 15.53.060 (regarding preferred locations and structures) as compared to the other substantially different potential alternatives within 500 feet of the proposed project or (ii) any more-preferred location(s) and support structure(s) within 500 feet would be technically infeasible, and
d. the proposed project complies with Municipal Code Section 15.53.070, (“Small Wireless Facility Setback Requirements”) requirements, and
e. the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions, and
f. the proposed project complies with the Public Works Department standard plans and all other applicable standards in this Code.
2. Findings for Discretionary Approval of Small Wireless Facilities and other Wireless Facilities. If the proposal is for a telecommunications facility that does not meet all of the requirements of subsection B.1, immediately above, the Director shall issue the permit if the following findings are made after conducting a public hearing (if a public hearing is required):
a. The proposed location for the facility is reasonable when considering both (i) the federal mandate to not regulate personal wireless service facilities in a manner that would “prohibit or have the effect of prohibiting the provision of personal wireless services” and (ii) the city’s legitimate related policy objectives relating to the location of wireless facilities.
b. The proposed facility is substantially compatible with existing or planned developments and uses in the same general area and would not be substantially detrimental to existing or planned developments or uses within the general area.
c. The proposed facility will not be materially detrimental to the health, safety and general welfare of the public (excluding any environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission’s regulations concerning such emissions).
d. Antennas and any poles or other structures erected to support antennas are visually compatible with their surroundings.
3. Conditional Approvals, Denials Without Prejudice. Subject to any applicable federal or California laws, except to the extent contrary to a statement in this code, nothing in this code is intended to limit the ability to conditionally approve or deny without prejudice any Wireless Permit application as may be necessary or appropriate to ensure compliance with this code.
(Ord. 3315 § 2 (part), 2022)