A. Purpose and Intent.
1. The purpose of this Section is to regulate the installation, operation, and maintenance of personal Wireless Communications Facilities in the City. The City recognizes that the unrestricted installation of redundant personal Wireless Communications Facilities is contrary to the City’s efforts to stabilize economic and social aspects of neighborhood environments, and to promote safety and aesthetic considerations, family environments, and a basic residential character within the City in enacting this Section, the City intends to:
a. Promote and protect the health, safety, comfort, convenience and general welfare of residents and business in compliance with this Zoning Code;
b. Protect the benefits derived by the City, its residents, and the general public from access to personal wireless services while minimizing, to the greatest extent feasible, the redundancy of personal Wireless Communications Facilities in the City;
c. Balance these goals by permitting the installation and operation of personal Wireless Communications Facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety, and/or aesthetic impacts on nearby properties and the community as a whole; and
d. Comply with applicable law, including the 1996 Telecommunications Act.
2. In enacting this Section, it is the intent of the Council that no additional rights or entitlements be conferred to construct or maintain personal Wireless Communications Facilities, other than those rights or entitlements existing under applicable State or Federal law.
3. This Section is intended to regulate all uses of wireless communications in the City, including uses by public utilities, to the extent of the City’s power to regulate the use of land under State or Federal law, but not to exceed the scope of the City’s authority.
B. Applicability. This Section applies to all proposed antennas and modifications and related personal Wireless Communications Facilities, as follows:
1. All applications for approval of the installation of new personal Wireless Communications Facilities in the City.
2. All facilities for which applications were received by the Director but not approved prior to the effective date of the ordinance codifying this Section, shall comply with the regulations and guidelines of this Section.
3. All facilities for which applications were approved by the City on or prior to the effective date of the ordinance codifying this Section shall be exempt from this Section, except for the requirements of Subparagraph C.6.c.
All facilities for which applications have been previously approved, but are now or hereafter:
a. Expanded;
b. Modified by the installation of additional antennas, larger antennas or more powerful antennas; or
c. When one or more new bands of service are activated shall comply with this Section.
C. Standards for All Personal Wireless Communications Facilities. All personal Wireless Communications Facilities shall comply with the following requirements:
1. Permit Requirements. No personal Wireless Communications Facility shall be installed, expanded, modified by the installation of additional antennas, larger antennas or more powerful antennas, or when one or more new bands of service are activated, until the applicant or operator has obtained:
a. The required permits or other City authorizations,
b. An Encroachment Permit from the Public Works Department (if applicable), and
c. Any other permit required by the Municipal Code including a Building Permit or Electrical Permit. Applications for new facilities and substantial modifications to existing facilities shall be first reviewed by the Director. All discretionary permits will be scheduled for public hearing in compliance with this Section. The applicable Review Authority shall determine if a proposed project is the least intrusive means to close a significant gap in the applicant's service coverage.
2. Application Content. Applications for the approval of personal Wireless Communications Facilities shall include, but are not necessarily limited to, an application fee and the following information, in addition to all other information required by the City for a discretionary permits or authorizations application in compliance with Chapter 10.82 (Permit Application Filing and Processing):
a. Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in compliance with the location requirements of Subparagraph C.3., below;
b. Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the applicable review authority in assessing the visual impacts of the proposed facility and its compliance with the provisions of this Section;
c. A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator 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 applicable discretionary permit or authorization unless: (i) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a personal Wireless Communications Facility site not shown on a master plan submitted to the City within the prior two years or (ii) the applicant establishes before the applicable review authority that a new personal Wireless Communications Facility is necessary to close a significant gap in the applicant's personal Communications service, and the proposed new installation is the least intrusive means to do so;
d. A siting analysis which identifies a minimum of five other feasible locations within or without 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 shall include at least one collocation site;
e. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A” titled “Operational Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands shall be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power;”
f. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application;
g. A noise study, prepared by a qualified engineer, for the proposed personal Wireless Communications Facility including, but not limited to, equipment (i.e., air conditioning units and back-up generators);
h. A written statement of the applicant’s willingness to allow other carriers to collocate on the proposed personal Wireless Communications Facility wherever technically and economically feasible and aesthetically desirable;
i. Other information as the Director shall establish from time to time in compliance with the Permit Streamlining Act, Government Code Section 65940, or to respond to changes in law or technology; and
j. An application for a personal Wireless Communications Facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code Section 7901 shall be accompanied by evidence satisfactory to the Director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation.
3. Preferred Zones and Locations. When doing so would not conflict with one of the standards specified in this Subsection or with Federal law, personal Wireless Communications Facilities shall be located in the most appropriate location as described in this Subparagraph, which range from the most appropriate to the least appropriate. Nothing in this Section shall detract from the requirements of Subparagraph C.4.a., below.
a. Collocation on an existing facility in a commercial zone;
b. Collocation on an existing structure or utility pole in a commercial zone;
c. Location on a new structure in a commercial zone;
d. Collocation on an existing facility in a public facility or recreation zone;
e. Location on an existing structure or utility pole in a public facility or recreation zone; or
f. Location on a new structure in a public facility or recreation zone.
No new facility may be placed in a less appropriate area unless the applicant demonstrates to the satisfaction of the applicable Review Authority that no more appropriate location can feasibly serve the area the facility is intended to serve provided, however, that the applicable review authority may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.
4. Design and Development Standards. Personal Wireless Communications Facilities shall be designed and maintained as follows:
a. All new personal Wireless Communications Facilities shall be set back at least 1,000 feet from schools, dwelling units, and parks, as measured from the closest point of the personal Wireless Communications Facility (including accessory equipment) to the applicable property line, unless an applicant establishes that a lesser setback is necessary to close a significant gap in the applicant's personal Communications service, and the proposed personal Wireless Communications Facility is the least intrusive means to do so. An applicant who seeks to increase the height of an existing personal Wireless Communications Facility, or of its antennas, located less than 1,000 feet from a school, dwelling unit, or park shall establish that the increase is necessary to close a significant gap in the applicant’s personal Communications service, and the proposed increase is the least intrusive means to do so.
b. Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.
c. Unless otherwise prohibited by State or Federal law, all equipment not located on a roof shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.
d. The facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or expressly permitted by the City.
e. At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limit established in Section 10.38.060 (Noise) at the facility’s property line; provided, however, that for any facility located within 500 feet of any property zoned residential, or improved with a residential use, the equipment noise shall at no time be audible at the property line of any residentially zoned, or residentially improved property.
f. If the majority of radio frequency coverage from the proposed facility is outside the City limits, the applicant shall, in addition to the other requirements of this Section, prove that the applicant is unable to locate the proposed facility within the locale(s) that will receive the majority of the coverage from the proposed personal Wireless Communications Facility, and that no other feasible location for the facility exists outside of the City limits. The fact that an applicant for a discretionary permit in the City has been denied a wireless facility, antenna, or wireless coverage in another jurisdiction shall not be considered evidence or proof that the applicant is unable to locate in another jurisdiction.
5. Independent Expert Review. The City shall retain an independent, qualified consultant to review any application for a permit for a new personal Wireless Communications Facility or modification to an existingpersonal Wireless Communications Facility. The review is intended to be a review of technical aspects of the proposed Wireless Communications Facility or modification of an existing Wireless Communications Facility and shall address any or all of the following:
a. Whether the proposed Wireless Communications Facility is necessary to close a significant gap in coverage and is the least intrusive means of dong so;
b. The accuracy and completeness of submissions;
c. Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
d. The applicability of analysis techniques and methodologies;
e. The viability of alternative sites and alternative designs; and
f. Any other specific technical issues designated by the City.
The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, established by the Director.
6. Conditions of Approval. All facilities approved under this Section shall be subject to the following conditions:
a. Facilities. Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signs, or as expressly authorized by the City.
b. Abandonment.
(1) Personal Wireless Communications Facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than 90 days after the discontinuation of use. Disuse for 90 days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this Zoning Code or any predecessor to this Code.
(2) The Director shall send a written notice of the determination of non-operation to the owner and operator of the personal Wireless Communications Facility, who shall be entitled to a hearing on that determination before the Commission, provided that written request for a hearing is received by the Department within 10 days of the date of the notice. Any hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings), although no further appeal from the decision of the Commission may be had other than in compliance with Code of Civil Procedure Section 1094.5. Upon a final decision of the Commission or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.
(3) The operator of a facility shall notify the City in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.
(4) All facilities not removed within the required 90-day period shall be in violation of this Zoning Code. In the event the City removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the City incurs for the removal of the facilities, including legal fees and costs.
c. Indemnification. The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the City and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys’ fees), or damages arising from the City's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.
d. Removal of Unsafe Facilities. If, at any time after 10 years of the issuance of a Building Permit or Encroachment Permit, or any shorter period permitted by Government Code Section 65964(b), any personal Wireless Communications Facility becomes incompatible with public health, safety or welfare, the applicant or operator of the facility shall, upon notice from the City and at the applicant’s or operator’s own expense, remove that facility. Written notice of a determination in compliance with this Subparagraph shall be sent to the owner and operator of the personal Wireless Communications Facility, who shall be entitled to a hearing on that determination before the Commission, provided that written request for a hearing is received by the Department within 10 days of the date of the notice. Any hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings), although no further appeal from the decision of the Commission may be had other than in compliance with Code of Civil Procedure Section 1094.5. Upon a final decision of the Commission or the running of the time for a request for a hearing without such a request, the operator shall have 90 days to remove the facility.
e. Monitoring Requirements. The owner or operator of any personal Wireless Communications Facility approved in compliance with this Subsection shall cooperate with the Director to verify that the facility conforms with relevant building and safety requirements, and verify that the facility complies with the requirements of this Section.
f. Performance Bond. Before the issuance of a Building Permit or Encroachment Permit, the applicant or owner/operator of the facility shall pay for and provide a performance bond, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant’s or owner/operator of the facility’s obligation under the conditions of approval and the Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the Director on a case-specific basis and in an amount reasonably related to the obligations required under this Zoning Code and all conditions of approval, and shall be specified in the conditions of approval.)
g. Nontransferability. An applicant shall not transfer a permit to any person or entity before completion of construction of a personal Wireless Communications Facility.
h. As-built Photographs. The applicant shall submit as-built photographs of the facility within 90 days of installation of the facility, detailing the installed equipment.
7. In addition to the findings required in Chapter 10.84 (Conditional Use Permits and Minor Use Permits) no proposed personal Wireless Communications Facility may be approved unless the applicable review authority first finds all of the following:
a. The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. The evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility.
b. The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator’s service coverage which alternative site is a more appropriate location for the facility under the standards of this Section.
c. The facility satisfies the location requirements of Subparagraph C.3., above.
8. Violations. The City may revoke a discretionary permit for any personal Wireless Communications Facility in violation of this Section in compliance with Chapter 10.122 (Permit Revocations and Modifications). The remedies specified in this Section shall be cumulative, and the City may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
D. Standards for Personal Wireless Communications Facilities Not Located Within a Public Right-of-Way. In addition to the requirements specified in Subsection C., above, all personal Wireless Communications Facilities not located within a public right-of-way shall comply with the following requirements:
1. Location Requirements. To minimize aesthetic and visual impacts on the community, personal Wireless Communications Facilities shall be located in compliance with the following standards:
a. General Requirements. A freestanding Wireless Communications Facility tower or monopole shall be set back a distance of at least 150 percent of the height of the tower from the nearest property line of any residentially zoned or occupied lot.
b. Restricted Locations - Stealth Facilities Required. Personal Wireless Communications Facilities located within any nonresidential zone on a site that contains a legally established residential use shall be designed as a stealth facility:
c. Prohibited Locations. No personal Wireless Communications Facility shall be established within any residential or open space zone.
(1) Residential Zones. No facility shall be located within a residential zone, including areas set aside for open space, parks, or playgrounds.
(2) Open Space. No facility shall be located within an open space zone or park.
Any Wireless Communications Facility proposed for a site within any open space zone shall not be deemed a “public utility” as that term is otherwise defined and understood in the Municipal Code regarding development in open space zones.
d. Guidelines for Placement on Structures. Antennas shall be mounted on structures utilizing the methods described below. If an antenna cannot be mounted as specified in Subparagraph (1), it may be mounted in compliance with Subparagraph (2). If an antenna cannot be mounted as specified in either Subparagraph (1) or (2), it may be mounted in compliance with Subparagraph (3):
(1) A stealth facility mounted on an existing structure or collocated on an existing tower;
(2) A stealth facility mounted on an existing steel or concrete pole, including a light standard; or
(3) A stealth facility mounted on a new steel, wood, or concrete pole.
2. Design and Development Standards. Personal Wireless Communications Facilities shall be designed and maintained as follows:
a. Building-mounted facilities shall be designed and constructed to be fully screened in a manner that is compatible in color, texture and type of material with the architecture of the structure on which the facility is mounted.
b. All accessory equipment associated with the operation of a personal Wireless Communications Facility shall be located within a building enclosure or underground vault that complies with the development standards of the zone in which the accessory equipment is located.
3. Exception to Location Restrictions - Council Approval Required. Notwithstanding Subparagraph D.1.c., above, personal Wireless Communications Facilities may be allowed in a prohibited location only if the applicant obtains a Conditional Use Permit from the Council following a public hearing and recommendation from the Commission, and provides technically sufficient and conclusive proof that the proposed location is necessary for provision of wireless services to substantial areas of the City, that it is necessary to close a significant gap in the operator’s coverage and that there are no less intrusive alternative means to close that significant gap.
E. Standards for Personal Wireless Communications Facilities Located within Public Rights-of-Way. In addition to the requirements in Subsection C., above, all personal Wireless Communications Facilities located within public rights-of-way shall comply with the following requirements to the fullest extent permitted by State and Federal law.
1. Construction. These standards are intended to exert the maximum authority available to the City in the regulation of personal Wireless Communications Facilitiesunder applicable State and Federal law but not to exceed that authority. Accordingly, this Section shall be construed and applied in light of any limits on the City’s authority. The purpose of this Subsection is to regulate personal Wireless Communications Facilities proposed for sites within public rights-of-way consistently with the rights conferred on telephone corporations by Public Utilities Code Sections 7901 and 7901.1 and to address the aesthetic and safety concerns unique to such proposals due to their highly visible location in rights-of-way that must be safely shared with pedestrians, motorists and other utility infrastructure.
2. Application Content. Applications for the approval of personal Wireless Communications Facilities within the public right-of-way shall include the following information, in addition to all other information required by Subparagraph C.2., above. The applicant shall provide certification that the facility is for the use of a telephone corporation or state the basis for its claimed right to enter the right-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 copy of its CPCN.
3. Guidelines. All personal Wireless Communications Facilities located within a public right-of-way shall be designed as follows:
a. Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the applicable review authority.
b. Pole-mounted equipment shall not exceed six cubic feet.
c. Pole-mounted antennas shall adhere to the following guidelines:
(1) If an antenna cannot be mounted as specified in Subparagraph (a), it may be mounted in compliance with Subparagraph (b). If an antenna cannot be mounted as specified in either Subparagraph (a) or (b), it may be mounted in compliance with Subparagraph (c).:
(a) A stealth facility mounted on an existing, collocated monopole or tower;
(b) A stealth facility mounted on an existing steel or concrete pole, including a light standard; or
(c) A stealth facility mounted on a new steel, wood, or concrete pole but only if an operator shows that it cannot otherwise close a significant gap in its service coverage, and that the proposal is the least intrusive means of doing so.
(2) All installations shall be engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of an additional antenna installation on a pole with existing antennae.
(3) The maximum height of any antenna shall not exceed 24 inches above the height of a pole or tower other than a streetlight pole, nor six feet above the height of a streetlight pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 16 feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95 as it now exists or may hereafter be amended.
(4) A freestanding Wireless Communications Facility tower or monopole shall be set back a distance of at least 150 percent of the height of the tower to the nearest structure designed for occupancy.
d. Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of a public right-of-way, or safety hazards to pedestrians and motorists. In no case shall ground-mounted equipment, walls, or landscaping be less than 18 inches from the front of the curb.
e. Facilities shall not be located within 500 feet of another Wireless Communications Facility on the same side of a street.
f. No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act.
4. Findings. In addition to the findings specified in Subparagraph C.7., above, no proposed personal Wireless Communications Facility within a public right-of way may be approved unless all of the following findings are first made:
a. The proposed facility has been designed to blend with the surrounding environment, with minimal visual impact on the public right-of-way.
b. The proposed facility will not have an adverse impact on the use of the public right-of-way, including but not limited to, the safe movement and visibility of vehicles and pedestrians.
5. Conditions of Approval. In addition to compliance with the guidelines specified in Subparagraph 3., above, and the conditions of approval listed in Subparagraph C.6., above, all facilities approved under this Subsection shall be subject to the following conditions:
a. Any approved Wireless Communications Facility located within a public right-of-way shall be subject to conditions, changes or limitations as are from time to time deemed necessary by the City Engineer to: (i) protect the public health, safety, and welfare; (ii) prevent interference with pedestrian and vehicular traffic; or (iii) prevent damage to a public right-of-way or any property adjacent to it. Before the City Engineer imposes conditions, changes, or limitations in compliance with this Subparagraph 3., above, the City Engineer shall notify the applicant or operator, in writing, by mail to the address specified in the application or other address as may be on file with the City. The change, new limitation or condition shall be effective 24 hours after deposit of the notice in the United States mail.
b. The applicant or operator of the personal Wireless Communications Facility shall not move, alter, temporarily relocate, change, or interfere with any existing facility without the prior written consent of the owner of that facility. No structure, improvement or facility owned by the City shall be moved to accommodate a personal Wireless Communications Facility unless: (i) the City determines, in its sole and absolute discretion, that the movement will not adversely affect the City or surrounding residents or businesses, and (ii) the applicant or operator pays all costs and expenses related to the relocation of the City’s facilities. Every applicant or operator of any personal Wireless Communications Facility shall assume full liability for damage or injury caused to any property or person by his, her, or its facility. Before commencement of any work in compliance with an Encroachment Permit issued for any personal Wireless Communications Facility within a public right-of-way, an applicant shall provide the City with documentation establishing to the City’s satisfaction that the applicant has the legal right to use or interfere with any other facilities within the public right-of-way to be affected by applicant’s facilities.
c. Should any utility company offer electrical service to a Wireless Communications Facility which service does not require the use of a meter cabinet, the applicant or operator of the facility shall at its cost remove the meter cabinet and any foundation thereof and restore the area to its prior condition.
F. Standards for Satellite Antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the regulations of the Federal Communications Commission. Satellite antennas with diameters larger than one meter in residential zones and two meters in nonresidential zones shall also comply with the following requirements, provided these provisions do not conflict with applicable State and Federal regulations.
1. Application - Plans. Plans for satellite antennas shall be submitted with applications for a Building Permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to approval of the Director.
2. Location. No satellite antenna shall be located within any required front yard or street side yard setbacks in any zone. In addition, no portion of a satellite antenna shall extend beyond a property line.
3. Color. A satellite antenna and its supporting structure shall be painted a single, neutral, non-glossy color such as an earth tone, gray, or black.
4. Wiring. All wiring shall be placed underground whenever possible.
5. Residential Zones. In any residential zone, satellite antennas shall be subject to the following standards:
a. Satellite antennas shall not exceed 15 feet in height, as measured from the finished grade or other surface on which the antenna is placed;
b. Only one satellite antenna may be allowed on any single-family residential site;
c. Only one antenna shall be allowed per dwelling unit on any multi-family residential site;
d. A satellite antenna shall be separated from adjacent properties by at least a six-foot-high solid wall or fence or by trees or other plants of equal minimum height;
e. Any satellite antenna that is taller than an adjacent property-line fence shall be located away from the side or rear property line a distance equal to or greater than the height of the antenna;
f. The diameter of a satellite antenna shall not exceed two meters. This provision may be modified by the Director if the applicant provides a sufficient technical study prepared by a qualified engineer demonstrating to the Director’s satisfaction that strict compliance would result in no satellite reception; and
g. A satellite antenna shall be used for private, noncommercial purposes only.
6. Nonresidential Zones. In any nonresidential zone, satellite antennas may be roof- or ground-mounted and shall be subject to the following standards:
a. If roof-mounted, satellite antennas shall be screened from ground view by a parapet or other screening
approved by the Director. The minimum height and design of a parapet, wall, or other screening shall be subject to the approval of the Director;
b. If ground-mounted, satellite antennas shall not be located between a structure and an adjacent street, and shall be screened from public view and neighboring properties;
c. The location and height of satellite antennas shall comply with all requirements of the underlying zone; and
d. If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless screened from view.
G. Standards for Amateur Radio Antennas. All amateur radio antennas shall be designed, constructed, and maintained as follows:
1. The maximum height shall not exceed 40 feet, measured from finished grade;
2. Any boom or other active element or accessory structure shall not exceed 25 feet in length;
3. Antennas may be roof- or ground-mounted; and
4. Antennas may not be located in any front or side setbacks.
5. These standards in Subsection F. are subject to modification or waiver by the Director on a case-by-case basis where required for the City to comply with FCC PRB-1 and California Government Code Section 65850.3 and where such modification or waiver is based on sufficient technical information provided in writing by the applicant at the request of the City.
H. Effects of Development on Antenna Reception. The City shall not be liable if development within the City after installation of an antenna impairs antenna reception, transmission, utility, or function to any degree.
I. Private Enforcement. In addition to any other remedy available to the City under this Zoning Code, at law, or in equity, violations of this Section may be remedied as follows:
1. The City Attorney may bring a civil action to enforce this Section and to obtain the remedies specified below or otherwise available in equity or at law.
2. Any person acting for the interests of himself, herself, or itself, or of its members, or of the general public (hereinafter “a private enforcer”) may bring a civil action to enforce this Section with the remedies specified below, if both the following requirements are met:
a. The action is commenced more than 60 days after the private enforcer gives written notice of an alleged violation of this Section to the City Attorney and to the alleged violator.
b. No person acting on behalf of the City has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.
3. A private enforcer shall provide a copy of his, her, or its action to the City Attorney within seven days of filing it.
4. Upon settlement of or entry of judgment in an action brought in compliance with Subparagraph 7., below, the private enforcer shall give the City Attorney a notice of that settlement or judgment. No private enforcer may settle such an action unless the City Attorney or the court determines the settlement to be reasonable in light of the purposes of this Section. Any settlement in violation of this requirement shall be set aside upon motion of the City Attorney to a court of competent jurisdiction.
5. Upon proof of a violation of this Section, the court shall award the following:
a. Appropriate injunctive relief and damages in the amount of either:
(1) Upon proof, actual damages; or
(2) With insufficient or no proof of damages, a minimum of $500 dollars for each violation of this Section (hereinafter “statutory damages”). Unless otherwise specified in this Section, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Section, no private enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this Section if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication.
b. Restitution to the appropriate party or parties of gains obtained due to a violation of this Section.
c. Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for public health and safety.
d. Attorney’s fees and costs reasonably incurred by a successful party in prosecuting or defending an action.
Any damages awarded in an action brought by the City Attorney shall be paid into the City’s general fund, unless the court determines that they should be paid to a damaged third party.
6. Upon proof of at least one violation of this Section, a private enforcer, the City Attorney, any peace officer, or Zoning Code enforcement official may obtain an injunction against further violations of this Section or, as to small claims court actions, a judgment payable on condition that a further violation of this Section occur within a time specified by the court.
7. Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this Section solely on behalf of the general public. When a private enforcer does so, nothing about such an action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her, or its own behalf based upon the same facts.
8. Nothing in this Section shall prohibit a private enforcer from bringing an action to enforce this Section in small claims court, provided the relief sought is within the jurisdiction of that court.
J. Additional Notice to Neighbors.
1. After an application to allow the installation of a Wireless Communications Facility in compliance with this Section is complete, the City shall endeavor to provide property owners at least 10 days’ prior notice of the initial public hearing on the matter.
2. Written notice shall be mailed to the record owner of each property located within 1,500 feet of the proposed site in compliance with Chapter 10.116 (Public Notices and Hearings).
3. Failure of the City to provide notice in compliance with this Subsection shall not be grounds to challenge a determination provided that the notice otherwise required by law has been provided. (Ord. 935 § 3 (part), 2015)