SEC. 1505. CONDITIONS OF APPROVAL.

   (a)   Conditions of Approval. Any City department reviewing an Application for a Personal Wireless Service Facility Site Permit, as required by this Article 25, may add Conditions to its approval, tentative approval, or determination.

   (b)   Conditions in Writing. Any Conditions that a City department includes in its approval, tentative approval, or determination with respect to an Application for a Personal Wireless Service Facility Site Permit shall be in writing.

   (c)   Notice of Conditions. The Department shall promptly notify the Applicant of any such Conditions and shall give the Applicant a reasonable time to accept or reject the Conditions.

   (d)   Acceptance of Conditions Required. The Department shall not approve an Application for a Personal Wireless Service Facility Site Permit unless the Applicant accepts all of the Conditions added to an approval, tentative approval, or determination by any City department that reviewed the Application.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)

SEC. 1506. STREET TREE.

   (a)   Condition of Approval. When reviewing an application for a Personal Wireless Service Facility Site Permit, the Department, the Planning Department, and/or Recreation and Park Department (as appropriate) may require as a Condition of approval that the Permittee plant and maintain an appropriate street tree adjacent to the Utility Pole so as to provide a screen for a permitted Personal Wireless Service Facility Site Permit.

   (b)   Implementation of Street Tree Requirement. When installation of a street tree is required by the Department, the Planning Department, and/or Recreation and Park Department, the Department shall implement the requirement as follows:

      (1)   The Department shall require the Permittee to install a street tree that is a minimum of twenty-four (24)-inch box size. The Department's Bureau of Urban Forestry shall work with the Permittee to select the appropriate species and location for the required tree.

      (2)   In any instance in which the Department cannot require the Permittee to install a street tree, on the basis of inadequate sidewalk width, interference with utilities, or other reasons regarding the public health, safety, or welfare, the Department shall instead require the Permittee to make an "in-lieu" payment into the Department's "Adopt-A-Tree" fund. This payment shall be in the amount specified in Public Works Code Section 807(f), and shall be payable prior to the Department's issuance of the Personal Wireless Service Facility Site Permit.

   (c)   Care and Maintenance of Street Trees. The Permittee shall be responsible for the care and maintenance of any street tree required to be installed in the Public Rights-of-Way under this Section 1506. In this regard, the Permittee shall assume the duty of a "property owner" as set forth in Public Works Code Section 805.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)

SEC. 1507. DEPARTMENT OF PUBLIC HEALTH REVIEW.

   (a)   Department of Public Health Referral. The Department shall refer every Application for a Personal Wireless Service Facility Site Permit to the Department of Public Health for review of the proposed Personal Wireless Service Facility under the Public Health Compliance Standard.

   (b)   Department of Public Health Determination. The Department of Public Health shall make a determination whether the Application satisfies the Public Health Compliance Standard. The determination of the Department of Public Health shall be in writing and shall set forth the reasons therefor. The Department of Public Health shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Department of Public Health may extend this review period beyond 10 business days.

   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Personal Wireless Service Facility Site Permit unless the Department of Public Health makes a determination that the Application satisfies the Public Health Compliance Standard.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)

SEC. 1508. DEPARTMENT REVIEW OF A PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.

   The Department shall review an Application for a Personal Wireless Service Facility Site Per- mit to determine whether the Application:

   (a)   Receives an affirmative determination from the Department of Public Health under the Public Health Compliance Standard; and

   (b)   Meets the applicable Tier A, Tier B, or Tier C Compatibility Standard based on the Department’s application of the Objective Standard; or

   (c)   Must be referred to the Planning Department and/or the Recreation and Park Department for additional review because: (1) the Objective Standards have not been adopted; (2) the proposed Personal Wireless Service Facility is a Disfavored Design; or (3) the Application did not meet the applicable Tier A, Tier B, or Tier C Compatibility Standard based on the Department’s application of the Objective Standards, but the Application may still comply with the applicable Tier A, Tier B, or Tier C Compatibility Standard..1

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)

CODIFICATION NOTE

1.   So in Ord. 190-19.

SEC. 1509. PLANNING DEPARTMENT REVIEW OF A TIER A OR TIER B PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.

   (a)   Referral to Planning Department Required.

      (1)   Until such time as the Department has adopted Objective Standards, the Department shall refer an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department for a review of the proposed Personal Wireless Service Facility under the applicable Tier A or Tier B Compatibility Standard.

      (2)   After the Department has adopted Objective Standards, the Department shall refer an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department for additional review under the applicable Tier A or Tier B Compatibility Standard if: (A) the proposed Personal Wireless Service Facility does not meet the Tier A or Tier B Compatibility Standard based on the Department’s application of the Objective Standards; or (B) the proposed Personal Wireless Service Facility is a Disfavored Design.

   (b)   Planning Department Determination. If the Department has referred an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department, the Planning Department shall make a determination whether the Application satisfies the applicable Tier A or Tier B Compatibility Standard. The Planning Department’s determination shall be in writing and shall set forth the reasons therefor. The Planning Department shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Planning Department may extend this review period beyond 10 business days.

   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit that has been referred to the Planning Department unless the Planning Department makes a determination that the Application satisfies the applicable Tier A or Tier Tier1 B Compatibility Standard.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)

CODIFICATION NOTE

1.   So in Ord. 190-19.

SEC. 1510. RECREATION AND PARK DEPARTMENT REVIEW OF A TIER C PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.

   (a)   Referral to Recreation and Park Department Required.

      (1)   Until such time as the Department has adopted Objective Standards, the Department shall refer an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department for a review of the proposed Personal Wireless Service Facility under the Tier C Compatibility Standard.

      (2)   After the Department has adopted Objective Standards, the Department shall refer an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department for additional review under the Tier C Compatibility Standard if: (A) the proposed Personal Wireless Service Facility does not meet the Tier C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) the proposed Personal Wireless Service Facility is a Disfavored Design.

   (b)   Recreation and Park Department Determination. If the Department has referred an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department, the Recreation and Park Department shall make a determination whether the Application satisfies the Tier C Compatibility Standard. The Recreation and Park Department’s determination shall be in writing and shall set forth the reasons therefor. The Recreation and Park Department shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Recreation and Park Department may extend this review period beyond 10 business days.

   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Tier C Personal Wireless Service Facility Site Permit that has been referred to the Recreation and Park Department unless the Recreation and Park Department makes a determination that the Application satisfies the Tier C Compatibility Standard.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; section title amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)

SEC. 1511. FINAL DETERMINATION.

   (a)   Determination in Writing. The Department’s final determination to approve or deny an Application for a Personal Wireless Service Facility Site Permit shall be in writing and shall set forth the reasons therefor. If the Department’s final determination to approve an Application contains any Conditions imposed by any City department that reviewed the Application, the Conditions shall also be in writing.

   (b)   Denial. The Department shall issue a final determination denying an Application for a Personal Wireless Service Facility Site Permit within three business days of any of the following events:

      (1)   The Department’s receipt of a determination from the Department of Public Health that the Application does not satisfy the Public Health Compliance Standard;

      (2)   (A) The Department’s determination that the Application does not meet the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application does not meet the applicable Tier A, B, or C Compatibility Standard; or

      (3)   If any City department reviewing the Application adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.

   (c)   Approval. The Department shall issue a final approval of an Application within three business days of the occurrence of the last of the following events:

      (1)   The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard;

      (2)   (A) The Department’s determination that the Application meets the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application meets the applicable Tier A, B, or C Compatibility Standard; and

      (3)   If applicable, the Department’s receipt of a notice from the Applicant that it accepts any Conditions imposed by any City department that reviewed the Application.

(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)