§ 17.46.050 WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS.

   (A)   Permits required for facilities on private property and public property outside public rights-of-way. Other than facilities that are located within the public rights of way, which are governed by Chapter 12.52 of this code, no new wireless telecommunications facility or wireless telecommunications collocation facility shall be located within the city on any private property or any public property outside the public rights-of-way, unless the permits required by this chapter have been obtained from the city. Other than facilities that are located within the public rights of way, which are governed by Chapter 12.52 of this code, no modification to a wireless telecommunications facility or wireless telecommunications collocation facility shall be made unless the permits required by this chapter have been obtained from the city. Such permits are in addition to any other permit required pursuant to this code.

   (B)   No speculative facilities. Any wireless telecommunications facility, wireless telecommunications collocation facility, and/or a telecommunications tower subject to this chapter, which is built on speculation and for which there is no wireless tenant, is prohibited within the city.

   (C)   Types of permits required. The level of permitting required for the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility on any private property or any public property outside the public rights-of-way in each zone shall be as shown in the following table:

   (D)   Legend and explanations. The following legend and explanations apply to the above chart.

RF RE RL

RM RM/RH

RH

NC1

CRS RCC

RCM

OIRD/ LM

BE

M

P/QP

HWP HR ANF

HCD

SP PD

Small Wireless Facility - installed or mounted to an existing or replacement pole, tower, or structure; or installed or mounted to a new pole, tower or structure; or collocated with an existing facility

C/E

C/E

C/E

AR

AR

AR

AR

AR

AR

AR

C/E

C/E

**

Major Wireless Telecommunications Facility - installed or mounted to a new pole, or telecommunications tower structure

C/E

C/E

C/E

C

C

C

C

C

C

C

C/E

C/E

**

Major Wireless Telecommunications Facility - ground-mounted, building mounted or roof-mounted, installed or mounted to an existing or replacement pole or tower or structure, or collocated with an existing facility

C/E

C/E

C/E

C

C

C

C

C

C

C

C/E

C/E

**

Wireless Telecommunications Collocation Facility - Small Wireless Facility

C/E

C/E

C/E

AR

AR

AR

AR

AR

AR

AR

C/E

C/E

**

Wireless Telecommunications Collocation Facility - Major Wireless Facility

C/E

C/E

C/E

C

C

C

C

C

C

C

C/E

C/E

**

Wireless Telecommunications Collocation Facility - collocation pursuant to Cal. Govt. Code § 65850.6

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

Eligible Facilities Request - pursuant to Section 6409(a) and 47 C.F.R. § 6.100(b)(7).

AR

AR

AR

AR

AR

AR

AR

AR

AR

AR

AR

AR

AR

Emergency Power Generator on Macro-Cell Tower Site (Cal. Gov’t Code § 65850.75) – Complies with criteria in § 17.46.210(C)(1)

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

P/AR

Any Other Power Generator (non-Gov’t Code § 65850.75) – See § 17.46.220

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR

mCU P or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

mCUP or AR1

 

LEGEND
P	If an existing wireless telecommunications collocation facility was approved pursuant to § 17.46.120, additional collocations are permitted if they meet the requirements of that section.
AR	Means the use is a permitted use, subject to administrative review by the Community Development Director for determination of compliance with all code requirements.
C	Means the use requires a major conditional use permit (also abbreviated “CUP”) approved by the Planning Commission. For general conditional use permit procedures, see Chapter 17.52.
mCUP	Means the use requires a minor conditional use permit (also abbreviated “mC”) approved by the Development Review Committee. For general minor conditional use permit procedures, see Chapter 17.52..
DL	For the list of discouraged locations and permitting requirements, see § 17.46.040(B).
E	Means the proposed facility in a discouraged location requires approval of an exception by the Director pursuant to §§ 17.46.040(B) and 17.46.200 in addition to any other permit requirement; except that if the proposed facility requires a major conditional use permit granted by the Planning Commission, then the findings and decision on the exception shall be made by the Planning Commission rather than by the Director.
**	See § 17.46.040.E above, the list of discouraged locations in § 17.46.040(B) and the land use element of the general plan for permitting requirements in the planned development (PD) zone or specific plan (SP) zone. A major conditional use permit shall be required for a new major wireless telecommunications facility or new major wireless telecommunications collocation facility, or the modification to an existing major wireless telecommunications facility or major wireless telecommunications collocation facility, in (a) a PD or SP zone that specifically permits such facilities unless the zone or plan specifies a different permitting requirement; or (b) in a PD or SP zone that is silent or defers to the code in regards to such facilities, and is not a discouraged location. See § 17.46.040(C).
Footnote 1	An application for a backup power supply that qualifies as transmission equipment for an eligible facility shall be governed by the procedures and requirements for eligible facilities requests unless the proposal constitutes a substantial change.

 

(Ord. 2021-10 § 6 (part), 2021)