(A) This chapter applies to the siting, construction, modification or other deployment of any and all WTFs located or proposed to be located within the PROW as follows:
(1) All WTFs for which applications were not approved prior to the effective date of this section shall be subject to and comply with all provisions of this chapter.
(2) All WTFs for which applications were approved and permits issued by the city prior to the effective date of this chapter shall not be required to obtain a new or amended WTFP until such time as this section so requires. If a WTF was lawfully constructed or installed within the PROW in accordance with applicable local, state or federal regulations prior to the effective date of this section but does not comply with the current standards, regulations and/or requirements of this section, such WTF shall be deemed a legal nonconforming facility and shall also be subject to the provisions of § 12.52.210.
(3) Any WTF proposed to be installed, modified or otherwise deployed on any existing utility structure (e.g. Southern California Edison or Southern California Gas Company) in the PROW, except as otherwise required by state or federal pole attachments rules or any other provision of federal and/or state law, subject to submittal of documentation establishing the applicable exemption; and provided further that such WTF shall comply with all other standards set forth in this chapter and the rules and guidelines, and shall obtain any related ministerial permit(s) (encroachment permit, excavation permit, or building permit) required in order to access and/or use the PROW.
(4) Any WTF proposed to be installed, modified or replaced on any city infrastructure located within the PROW, including but not limited to, any city-owned, leased or licensed pole, tower, base station, cabinet, structure, or facility of any kind. The city may require that the city and an applicant enter into a license, lease or other agreement in a form acceptable to the city, in accordance with § 12.52.050(J) of this chapter, prior to approval of a WTFP for a facility to be installed, modified or replaced on city infrastructure.
(B) Exemptions. This chapter does not apply to the following wireless telecommunications facilities:
(1) An amateur station as defined by the FCC, 47 C.F.R. Part 97, of the FCC’s Rules, or its successor regulation.
(2) Any antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. § 1.4000, or its successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.
(3) Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Director.
(4) Any WTF owned, leased and/or operated by the city or any other governmental agency.
(5) Emergency medical care provider-owned and operated facility.
(6) Mobile services providing public information coverage of news events of a temporary nature.
(7) Any other WTF exempted from this code by federal or state law, subject to submittal of documentation establishing the applicable exemption.
(8) Any WTF proposed to be deployed or deployed on any public property owned or leased by the city or any other public entity located outside of the PROW, including but expressly not limited to, city-owned or controlled infrastructure located outside the PROW or any infrastructure owned by any other public entity outside the PROW, including but not limited to, any city-owned, leased or licensed street lights, traffic light poles, wires, fiber-optic strands, conduit, and any other city-owned or controlled poles, towers, base stations, cabinets, structures, buildings, or facility of any kind located outside the PROW. Such wireless telecommunications facilities on public property outside the PROW shall be subject to Chapter 17.46 of Title 17 of this code and not to this chapter.
(9) Any WTF proposed to be deployed or deployed on any private property. WTFs on private property shall be subject to Chapter 17.46 of Title 17 of this code and not to this chapter.
(Ord. 2021-09 § 5 (part), 2021)