(a) In general. There shall be a type of encroachment permit entitled a ''wireless encroachment permit," which shall be subject to all of the same requirements as an encroachment permit would under Chapter 12.03 in addition to all of the requirements of this Chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Chapter.
(b) Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
(2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.
(c) Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the ROW requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.
(d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this Chapter's adoption shall remain subject to the standards and conditions of this Code in effect prior to this Chapter, unless and until a renewal of such facility's then existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre- existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of this Code that it was previously reviewed under.
(e) Public use. Except as otherwise provided by California law, any use of the public right of-way authorized pursuant to this Chapter will be subordinate to the City's use and use by the public.
(Ord. MC-1560, 6-16-21)