(A) In the event it is determined by the City Attorney that state or federal law prohibits discretionary permitting requirements for certain WTFs, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Further, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. Such a determination by the City Attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a discretionary permit, a ministerial wireless facilities permit shall be required prior to installation or modification of a facility, and all provisions of this section shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Director rather than as a discretionary permit. Any conditions of approval set forth in this section or the rules and guidelines, or deemed necessary by the Director, shall be imposed and administered as reasonable time, place and manner rules.
(B) If subsequent to the issuance of the City Attorney’s written determination pursuant to division (A) of this section, the City Attorney determines that the law has changed and that discretionary permitting is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney’s written determination shall be a public record.
(C) All WTFs shall be built and maintained in compliance with all federal and state laws including but not limited to the American with Disabilities Act (ADA).
(D) Changes in law. All WTFs shall meet the current standards and regulations of the FCC, the CPUC and any other agency of the federal or state government with the authority to regulate wireless telecommunications providers and/or WTFs. If such standards and/or regulations are changed, the permittee and/or wireless communications provider shall bring its facility into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring facilities into compliance with any revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the permittee and/or wireless telecommunications provider’s expense.
(Ord. 2021-09 § 5 (part), 2021)