1. In order to ensure compliance with the requirements of 47 U.S.C. section 332(c)(7)(B), an applicant that believes that the city's prohibition of wireless telecommunications facilities in particular zoning districts or any of the standards in this chapter either
a. Unreasonably discriminate among providers or functionally equivalent services; or
b. Prohibit or have the effect of prohibiting the requirement of personal wireless services, may apply for a conditional use permit. In order for such permit to be granted, the decision maker must find, in addition to all other required findings for the granting of a conditional use permit, that substantial evidence in the written record establishes that either of the above stated criteria is met.
2. Collocation. Administrative review and approval may be available, so long as a collocation facility satisfies all requirements set forth in Section 65850.6 of the California Government Code.
B. Public Hearing and Public Notice. A public hearing shall be held and public noticing conducted as established in Section 17.10.050 (Public Hearing and Public Notice), except that public notice shall be given to all property owners within five hundred (500) feet of the property of the proposed wireless telecommunication facility, instead of only providing notice to property owners within three hundred (300) feet, as normally required by Section 17.10.050 (Public Hearing and Public Notice).
C. Financial Guarantee. Prior to constructing a new wireless telecommunication facility, or prior to renewing a conditional use permit for an existing wireless telecommunication facility, the applicant or permittee shall provide a financial guarantee that shall be indexed annually for inflation in an amount, satisfactory to the designated approving authority, for the removal of the facility, based on the estimated cost to remove the facility in the event the use is abandoned or the conditional use permit expires, or is revoked, or otherwise terminated. The amount of the guarantee per freestanding tower may be reduced or eliminated if the applicant has more than one (1) wireless telecommunication facility in the city. If the owner or lessee does not remove any obsolete or unused facilities, as described above, the financial guarantee shall be used by the city to remove any obsolete or unused facilities and to return the site to its predevelopment conditions. Any unused financial guarantee shall be returned to the applicant upon removal of the wireless telecommunication facility or transfer of the lease accompanied by a financial guarantee from the new lessee or owner.
D. Conditions of Approval. The designated approving authority may impose conditions of approval as described in Section 17.12.140 (Conditional Use Permit), including but not limited to, requiring modifications to the site.
E. Requirements and Allowances Upon Approval.
1. Written proof of the availability of the necessary water supply to sustain any landscaping required for visual screening prior to permit issuance. This may be in the form of a letter from the landowner of the land allowing the applicant the use of required water facilities for landscaping installed improvements in the area.
2. Minor modifications to the approved equipment design, location, elevations, and other elements of the approved wireless telecommunication facilities may be allowed by the Community Development Director if such modifications are in keeping with the architectural statement and layout design of the original approval.
F. Ongoing Public Hearings Required. All permit approvals for commercial wireless telecommunication facilities are subject to a public hearing every five (5) years to demonstrate continuing compliance with the conditions of approval. When reviewing existing facilities for renewal, the designated approving authority of the original entitlement shall determine whether substantial progress has been made in decreasing the visibility of these facilities. At the time of each five (5)-year review, modifications and new and/or revised conditions of approval may be made to the original conditional use permit if technology has advanced to the point where the wireless telecommunication facilities can be made safer or less visually obtrusive or to conform to other similar wireless telecommunication facilities that are currently being installed or are located in California at the time of entitlement review. These reviews shall include photo documentation of existing conditions and equipment for comparison with past conditions, to facilitate policy goals related to minimizing site disturbance and visibility, and justify the need for the range of equipment. Additional equipment shall only be allowed where the cumulative visual impacts are decreased through replacement with smaller equipment or additional mitigation to decrease visibility. (Ord. 2010-02 § 1 (part), 2010)