(A) The purpose of this chapter is to provide a uniform and comprehensive set of standards and procedures to regulate the location, placement, installation, height, appearance, and operation of wireless telecommunications antennas and related facilities (“wireless telecommunications facilities” or “WTFs”) in city-owned or leased public rights-of-way (PROW), consistent with city laws, applicable state and federal requirements, and changing technology. The regulations are intended to provide for the appropriate development of wireless telecommunications facilities within the PROW to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community’s aesthetic character and scenic vistas.
(B) The procedures set forth in this chapter are intended to permit WTFs in the PROW that are tailored to the type of wireless telecommunication facility that is sought. Collocation of facilities are preferred and encouraged, subject to all other provisions of this chapter.
(C) This chapter is not intended to, nor shall it be interpreted or applied to:
(1) Prohibit or effectively prohibit any wireless service provider’s ability to provide wireless telecommunications services;
(2) Prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate wireless telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;
(3) Unreasonably discriminate among providers of functionally equivalent services;
(4) Deny any request for authorization to place, construct or modify WTFs on the basis of environmental effects of radio frequency emissions to the extent that such WTFs comply with the FCC’s regulations concerning such emissions;
(5) Prohibit any collocation or modification that the city may not deny under federal or California state law; or
(6) Otherwise authorize the city to preempt any applicable federal or state law.
(D) Due to rapidly changing technology and regulatory requirements, and to further implement this chapter, the Director may adopt policies, procedures and forms consistent with this chapter, which shall be posted on the city’s website and maintained at the Department for review, inspection and copying by applicants and other interested members of the public. The Director may update the rules, policies, procedures and forms in his/her discretion to adjust for new technologies, federal and/or state regulations, and/or to improve and adjust the city’s implementing regulatory procedures and requirements, and compliance therewith is a condition of approval of every wireless telecommunications facility permit (WFTP).
(Ord. 2021-09 § 5 (part), 2021)