(A) Findings required for all applications. In addition to findings necessary to approve a major conditional use permit or minor conditional use permit, as applicable, no permit shall be granted for any wireless telecommunications facility or wireless telecommunications collocation facility subject to this chapter unless all of the following findings are made by the reviewing authority:
(1) The proposed wireless telecommunications facility or wireless telecommunications collocation facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.
(2) The proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a wireless telecommunications facility or wireless telecommunications collocation facility.
(3) That general landscaping considerations as outlined in this chapter, when applicable, have been complied with to complement the structures and antenna, provide an attractive environment and preserve natural features and elements.
(4) The proposed wireless telecommunications facility or wireless telecommunications collocation facility complies with all federal RF emissions standards and all other requirements of the FCC, CPUC, and any other federal and/or state agency.
(5) The applicant has demonstrated that the proposed wireless communications facility or wireless telecommunications collocation facility is in compliance with all federal and/or state requirements, including but not limited to, FCC and CPUC requirements, including but not limited to all applicable RF emissions standards and all other requirements of any federal and/or state agency.
(6) The proposed facility has been designed and located in compliance with all applicable provisions of this chapter and all applicable construction codes.
(7) The applicant has demonstrated that the proposed facility will not cause any interference with city or other governmental emergency operations, as evidenced by competent evidence.
(8) The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.
(9) The applicant has submitted a statement of its agreement to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.
(10) Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this chapter.
(B) Additional findings for facilities not collocated. In addition to all other findings required by this chapter, to approve a wireless telecommunications antenna that is not collocated with other existing or proposed wireless telecommunications facilities or a new or replacement ground-mounted antenna, monopole, or lattice tower, the reviewing authority shall be required to also find that collocation or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such siting:
(1) Would have more significant adverse effects on views or other environmental considerations;
(2) Would impair the quality of service to the existing wireless telecommunications facility; or
(3) Would require existing wireless telecommunications facilities at the same location to go off-line for a significant period of time.
(C) Eligible facilities requests.
(1) Required findings for approval. In addition to all other findings required by this chapter, an eligible facilities request shall not be approved unless the Director makes all of the following findings:
(a) The proposed project facility is for the collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;
(b) The proposed facility does not constitute a substantial change to the physical dimensions of the existing wireless tower or base station, as defined in this chapter; and
(c) The proposed facility otherwise qualifies as an eligible facility under then-existing provisions of Section 6409(a) and all applicable federal regulations.
(2) Grounds for denial. In addition to any other alternative recourse permitted under federal law, the Director may deny approval of an eligible facilities request when the Director finds that the proposed facility:
(a) Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or
(b) Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or
(c) Involves the replacement of the entire support structure; or
(d) Does not qualify for mandatory approval under Section 6409(a) for any lawful reasons.
(3) Denial without prejudice. Any denial of an eligible facility request shall be without prejudice to the applicant, the real property owner or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for an eligible facilities request.
(4) Effect of changes to federal law. This division does not and shall not be construed to grant any rights beyond those granted by Section 6409(a) and its implementing federal regulations. In the event Section 6409(a) or applicable regulations are stayed, amended, revised or otherwise not in effect, no modifications to an eligible facility shall be processed or approved under this division (C) or any other provision of this code.
(Ord. 2021-10 § 6 (part), 2021)