(A) General. This chapter applies to all requests for the city's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on private property (whether owned by a private party or public entity) within the city's territorial and jurisdictional boundaries, unless expressly exempted pursuant to this section.
(B) Wireless facilities on city property. This chapter applies to permit applications for wireless facilities on property or structures owned or controlled by the city; provided, however, that this chapter does not govern whether or under what terms and conditions the city would tease, license or otherwise allow a wireless facility on such property or structures.
(C) Small wireless facilities. Notwithstanding anything in this chapter to the contrary, all small wireless facilities are subject to a permit as specified in a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All small wireless facilities shall comply with the City Council's policy. If the City Council policy is repeated and not replaced, an application for a small wireless facility shall be processed pursuant to this chapter.
(D) Eligible facilities requests. Notwithstanding anything in this chapter to the contrary, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 are subject to a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the City Council's policy. If the City Council policy is repealed and not replaced, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall be processed pursuant to this chapter.
(E) Other exemptions. Notwithstanding anything in this chapter to the contrary, this chapter shall not be applicable to the following:
(1) Wireless facilities operated by the city for public purposes;
(2) Wireless facilities installed completely indoors or within venues and used to extend personal wireless services into a business or the subscriber's private residence, such as a femto cell or indoor distributed antenna system;
(3) OTARD antennas;
(4) Antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) Wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D.
(Ord. 995 C.S., passed 10-19-22)