(A) This chapter applies to the design, siting, construction, or modification of any and all wireless telecommunications facilities as follows:
(1) All facilities for which applications were not approved prior to September 28, 2017 shall be subject to and comply with all provisions of this chapter.
(2) All facilities for which applications were approved by the city prior to September 28, 2017 shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any wireless telecommunications facility that was lawfully constructed prior to September 28, 2017 that does not comply with the standards, regulations, and/or requirements of this division shall be deemed a nonconforming use and shall also be subject to the provisions of §§ 155.385 through 155.404.
(3) All facilities for which applications have been previously approved, but are now or hereafter:
(a) Expanded;
(b) Modified by the installation of additional antennas, larger antennas or more powerful antennas; or
(c) When one or more bands of service are activated shall comply with this chapter.
(B) All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (§ 157.09), cessation of use and abandonment (§ 157.11), and removal and restoration (§ 157.12) of wireless telecommunications facilities; provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended, expired, or revoked.
(C) This chapter does not apply to the following:
(1) Facilities owned and operated by the city for its use;
(2) Amateur radio facilities;
(3) Over the Air Reception Devices (“OTARD”) antennas;
(4) Wireless facilities installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as femtocell or indoor distributed antenna system);
(5) Wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.
(6) Any entity legally entitled to an exemption pursuant to state or Federal law or governing franchise agreement.
(D) Relationship to other chapters. This chapter shall supersede all conflicting requirements of other titles and chapters of this code regarding the locating and permitting of wireless telecommunications facilities.
(Ord. 1090, passed 9-28-17)