A. Wireless telecommunications facilities in the public right of way shall be subject to the additional provisions of this section in addition to all other applicable provisions of this code. For purposes of this section, "wireless telecommunications facility" means any equipment and associated unmanned structures needed to transmit or receive electromagnetic signals; including, but not limited to, antennas, supporting structures, enclosures or cabinets housing associated equipment, cables, and access points.
B. The director of public works shall review all applications to install wireless telecommunications facilities in the public right of way and determine whether such applications comply with the "application requirements and development standards for wireless telecommunications facilities in the public right of way" adopted by city council resolution. If the proposed facility complies with the "application requirements and development standards for wireless telecommunications facilities in the public right of way", the director of public works may administratively approve the application. All other applications shall be subject to the approval of the city council pursuant to the terms of the "application requirements and development standards for wireless telecommunications facilities in the public right of way".
C. Notwithstanding any other provision of this article, an application to erect, install, or maintain a wireless telecommunication facility in the public right of way by any person other than a telephone company providing telephone service within the meaning of section 7901 of the California Public Utilities Code shall not be approved unless the city council first approves an agreement with the applicant for the use of the right of way. The city council shall have the sole discretion whether to approve such an agreement. (Ord. 0-10-1238, 9-8-2010)