(A) In general. There shall be a type of en-croachment permit entitled a “wireless encroachment permit,” which shall be subject to all of the same requirements as an encroachment permit would under Chapter 12.16 in addition to all of the requirements of this chapter. Unless exempted, every person who desires to place a wireless facility in the ROW or modify an existing wireless facility in the ROW 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 ROW 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, applicable law governing radio frequency (RF) emissions and all requirements for encroachments under HBMC Chapter 12.16.
(D) Pre-existing facilities in the ROW. Nothing in this chapter shall validate any existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with and receive a wireless encroachment permit, when applicable, to be considered legal and conforming.
(E) Public use. Except as otherwise provided by California law, any use of the ROW authorized pursuant to this chapter will be subordinate to the city’s use and use by the public.
(Ord. 1282, passed 5-1-19)