Chapter 18.67
WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

Article I. Purpose and Definitions

18.67.010    Purpose.

18.67.020    Definitions.

Article II. General Regulations

18.67.110    Exemptions.

18.67.120    Permits required.

18.67.130    Application submittal requirements.

18.67.140    Findings.

18.67.150    General development standards.

18.67.160    Exceptions.

18.67.170    Standard conditions of approval.

Article III. 6409(a) Modifications

18.67.210    Required findings.

18.67.220    Effect on existing use permit.

18.67.230    Conditions of approval for Section 6409(a) modifications.

18.67.240    Effect of repeal of Section 6409(a).

Article IV. Process

18.67.310    Timing of review.

18.67.320    Peer review.

18.67.330    Decision.

18.67.340    Compliance verification.

18.67.350    Indemnification and liability.

18.67.360    Facility maintenance.

18.67.370    Discontinuance of use.

18.67.380    Nonconforming facilities.

18.67.390    Revocation.

18.67.400    Appeal.

Article I. Purpose and Definitions

18.67.010 Purpose.

The purpose of this chapter is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance and location standards (42 U.S.C. § 332(c)(7), 47 U.S.C. § 253, 47 U.S.C. § 1455(a), Gov’t Code §§ 65850.6, 65964, and 65964.1, and Pub. Util. Code §§ 7901 and 7901.1). (Ord. 910 § 5, 2017)

18.67.020 Definitions.

In this chapter, the following definitions apply:

Antenna, amateur radio means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).

Antenna has the meaning set forth in PHMC § 18.140.010.

Antenna, building- or structure-mounted has the meaning set forth in PHMC § 18.140.010.

Antenna, ground-mounted has the meaning set forth in PHMC § 18.140.010.

Antenna, satellite has the meaning set forth in PHMC § 18.140.010.

Antenna structure, monopole has the meaning set forth in PHMC § 18.140.010.

Base station has the same meaning as provided in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower.

1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

As an illustration and not a limitation, the FCC’s definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

Co-location has the same meaning as provided in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.

Distributed antenna system or DAS means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

Eligible facilities request has the same meaning as provided in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”

Eligible support structure has the same meaning as provided in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.”

Enclosure building, shed, or shelter means a building, shed, fence, or other enclosure used to house equipment associated with a wireless telecommunications facility.

Equipment cabinet means a cabinet used to house equipment associated with a wireless telecommunications facility.

Existing has the same meaning as provided in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”

Federal Communications Commission (“FCC”) is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.

Height of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

Monopole means a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

Mount means to attach, fix, or otherwise place antenna(s) to a structure or building.

Personal wireless service facilities has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended, which defines the term as “facilities for the provision of personal wireless services.”

Personal wireless services has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”

Public right-of-way means any public road, highway, or waterway subject to Public Utilities Code section 7901, as it may be amended from time to time.

Public safety facilities means facilities used only for public safety functions such as police, fire and emergency operations.

Radio frequency (“RF”) is a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.

Related equipment means all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, cable, conduit and connectors.

Roof-mounted or building-mounted antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on an existing building, tank or similar structure other than a wireless telecommunications facility.

Section 6409(a) means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended from time to time.

Section 6409(a) modification means any eligible facilities request that does not cause a substantial change and submitted for approval pursuant to Section 6409(a) and the FCC’s regulations at 47 C.F.R. § 1.40001 et seq.

Significant gap means a gap in a wireless provider’s own personal wireless services that is demonstrably significant based on scientifically valid and reliable data and other substantial evidence.

Site has the same meaning as provided in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”

Stealth facility means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.

Substantial change has the same meaning as provided in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this chapter organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.

1. For towers outside the public rights-of-way, a substantial change occurs when:

a. The proposed co-location or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

b. The proposed co-location or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

c. The proposed co-location or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

d. The proposed co-location or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

a. The proposed co-location or modification increases the overall height more than 10% or 10 feet (whichever is greater); or

b. The proposed co-location or modification increases the width more than six feet from the edge of the wireless tower or base station; or

c. The proposed co-location or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

d. The proposed co-location or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or

e. The proposed co-location or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3. In addition, for all towers and base stations wherever located, a substantial change occurs when:

a. The proposed co-location or modification would defeat the existing concealment elements of the support structure as determined by the zoning administrator; or

b. The proposed co-location or modification violates a prior condition of approval; provided, however, that the co-location need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

4. As to all measurements set forth herein, the following principles shall govern:

a. The thresholds for height increases are cumulative limits.

b. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design.

c. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date of passage of Section 6409(a).

Tower has the same meaning as provided in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

Transmission equipment has the same meaning as provided in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”

Wireless telecommunications facility means an unstaffed facility, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data. (Ord. 910 § 5, 2017)

Article II. General Regulations

18.67.110 Exemptions.

The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

A. DBS, MDS and TVBS antennas.

1. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement); and

2. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained.

C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;

4. The turning radius of any antenna does not exceed 26 feet; and

5. All antennas and antenna structures shall comply with PHMC § 18.67.150, and other applicable provisions of the municipal code.

D. Public safety facilities. Telecommunications facilities used only for public safety functions, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.

E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.

F. Co-location facilities. A proposed co-location facility that meets all of the requirements of California Government Code section 65850.6.

G. Other. A proposed facility is exempt from this section if, and to the extent that, rules and regulations of the Federal Communication Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from city regulation.

H. Emergency facilities. Telecommunications facilities erected and operated for emergency situations, as designated by the police chief or city manager, so long as the facility is removed at the conclusion of the emergency. (Ord. 910 § 5, 2017)

18.67.120 Permits required.

A person who proposes to install or operate a wireless telecommunications facility on public or private property shall first obtain approval, as set forth below, unless the facility is exempt under PHMC § 18.67.110 (Exemptions).

A. Architectural review permit. With the exception of any facility eligible for a Section 6409(a) permit, an architectural review permit under PHMC Chapter 18.115 is required for the following facilities:

1. A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated).

2. A wireless telecommunications facility, monopole or any other antenna structure constructed by or for a service provider.

B. Use permit. With the exception of any facility eligible for a Section 6409(a) permit, a use permit issued in accordance with the procedures set forth PHMC Chapter 18.95 is required for the installation of:

1. An amateur radio antenna that does not meet the standards of PHMC § 18.67.110.C or which, when fully extended, exceeds 60 feet in height.

2. A wireless telecommunications facility, monopole or any other antenna structure constructed by or for a service provider.

C. Section 6409(a) permit. A Section 6409(a) permit shall be required for any Section 6409(a) modification. No architectural review permit shall be required for a Section 6409(a) modification, provided all prior conditions of approval related to concealment or reasonably related to public health and safety are met.

D. Building permit. Each antenna or antenna structure requires a building permit, unless it is specifically exempted.

E. Encroachment permit. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on public property. (Ord. 910 § 5, 2017)

18.67.130 Application submittal requirements.

A. Applications for wireless telecommunications facilities shall submit the following information:

SCHEDULE 18.67.130 APPLICATION SUBMITTAL REQUIREMENTS 

X    Listing information required

    Listing information not required

S    Additional information required

    (following schedule)

Submittal information required

Facilities requiring use permits

Facilities requiring Section 6409(a) permits

A completed planning division application form, together with all applicable fees.

X

X

Application materials for a conditional use permit, as provided in PHMC Chapter 18.95.

X

Vicinity map depicting major roads and highways and including topographic areas within both a 200-foot radius and a 1,000-foot radius from the proposed WTF.

X
S-1

X

Site plan including and identifying:

X

X

a. All facility-related support and protection equipment;

S-2

S-3

b. A description of general project information, including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of equipment, and a statement of compliance with current FCC requirements.

 

 

Elevations of all proposed telecommunications structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site.

X

X

Photo simulations, photo-montage, story poles, elevations and/or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project.

X

Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed structure as it would be seen from surrounding properties from perspective points to be determined in consultation with the community development and sustainability department prior to preparation. The city may also require the simulation analyzing stealth designs, and/or on-site demonstration mock-ups before the public hearing.

X

Landscape plan depicting existing vegetation, vegetation to be removed, and proposed plantings by type, size, and location.

X
S-4

X

Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant.

X

X

A radio frequency (RF) analysis conducted and certified by a state-licensed/registered RF engineer or qualified consultant to determine the maximum potential RF power density of the proposed WTF at full build-out, along with a comparison of the maximum RF exposure calculations at ground level with the FCC’s RF safety standards. The engineer shall use accepted industry standards for evaluating compliance with FCC guidelines for human exposure to RF, such as OET Bulletin 65, or any superseding reports/standards. The RF analysis shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant.

X

X

A cumulative impact analysis for the proposed facility and other WTFs on the project site or within (a) 1,000 feet and (b) 300 feet of the proposed WTF site. The analysis shall include all existing and proposed (application submitted to the community development and sustainability department) WTFs on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient RF fields and maximum potential cumulative electromagnetic radiation at, and surrounding, the proposed site that would result if the proposed WTF were operating at full buildout.

X

Statement by the applicant of willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable.

X

A signed copy of the proposed property lease agreement, exclusive of the financial terms of the lease, including provisions for removal of the WTF and appurtenant equipment within 90 days of its abandonment and provisions for city access to the WTF for removal where the provider fails to remove the WTF and appurtenant equipment within 90 days of its abandonment pursuant to PHMC § 18.67.370. The final agreement shall be submitted at the building permit stage.

X

X

An evidence of needs report detailing operational and capacity needs of the provider’s system within the city and the immediate area adjacent to the city. The report shall detail how the proposed WTF is technically necessary to address current demand and technical limitations of the current system, including technical evidence regarding significant gaps in the provider’s coverage, if applicable, and that there are no less intrusive means to close that significant gap. Such report shall be evaluated by a qualified firm or individual, chosen by the city, and paid for by the project applicant. The qualified firm or individual chosen by the city may request additional information from the applicant to sufficiently evaluate the proposed project.

X

A security plan, including emergency contact information, main breaker switch, emergency procedures to follow.

X

X

A description of the anticipated maintenance program and back-up generator power testing schedule.

X

X

A written statement and supporting information, as requested by staff and/or the planning commission, regarding alternative site selection and co-location opportunities in the service area. The application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected, a contact list used in the site selection process, and a statement and evidence of refusal regarding lack of co-location opportunities.

X

A copy of the original land use approval for the wireless telecommunications facility, if any such approval is claimed by applicant.

X

X

A copy of any certificate of public convenience and necessity issued by the California Public Utilities Commission.

X
S-5

Additional information determined to be necessary in order to properly assess a particular application.

X

S-1

In addition, the vicinity map shall depict the distance of the proposed WTF from existing residentially designated or zoned areas, existing residences, schools, major roads and highways, and all other WTF sites and facilities (including other providers’ locations) within a 1,000-foot radius shall be delineated on the vicinity map.

S-2

The number, size and content of plans shall be determined by the zoning administrator.

S-3

The site plan shall also include all of the listed information for the facility as it existed on February 22, 2012.

S-4

If deemed necessary, the zoning administrator may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction. Where deemed appropriate by the zoning administrator, a landscape plan may be required for the entire parcel and leased area.

S-5

Required if applicant is seeking approval pursuant to Public Utilities Code section 7901.

(Ord. 910 § 5, 2017)

18.67.140 Findings.

The hearing body or individual considering a zoning permit, an architectural review permit, a use permit, or Section 6409(a) permit may approve the permit only upon making the finding, in addition to the findings which may be otherwise required for the particular permit, that each applicable requirement in PHMC §§ 18.67.150 (General development standards) and 18.67.370 (Discontinuance of use) have been satisfied, or an exception has been granted under PHMC § 18.67.160 (Exceptions). (Ord. 910 § 5, 2017)

18.67.150 General development standards.

A. General development standards. Each wireless telecommunications facility shall be designed, installed and operated in compliance with these development standards, unless specifically stated otherwise in this section. Facilities approved under a Section 6409(a) permit shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3.a, 3.b, 6, 9, 10, and 11 of this section.

1. Location requirements.

a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. A wireless telecommunications facility may also be located in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the specific plan.

b. Airport safety zones. A wireless telecommunications facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field or for any other airport or heliport, unless the airport operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan).

c. Co-location. Facilities owned by multiple wireless telecommunications providers shall be co-located on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site.

d. Visibility from public places. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.

The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section.

The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.

e. Setbacks. A ground-mounted antenna or antenna structure and any related ground-mounted equipment shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use.

f. Location on public property preferred. Whenever reasonably feasible, as determined by the zoning administrator, wireless telecommunications facilities shall be encouraged to be located on publicly owned property, however, not in the public right-of-way. This provision shall not apply to any facility authorized to operate in the public right-of-way under Public Utility Code section 7901.

2. Screening and design requirements.

a. Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

b. Natural appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a camouflage facility. A camouflage facility is a wireless telecommunications facility which is designed and constructed to blend in with the surrounding environment. Examples include a water tank, artificial tree, rocks, and a cupola on a building. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.

d. Blending with architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility within attics, steeples, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office or retail zoning districts.

e. Specific plan areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, towers, below parapets or concealed in architectural features.

f. Exterior lighting. Exterior lighting is limited to:

i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and

ii. Other lights required by the FAA for communications facilities within Airport Safety Zones 2, 3 and 4.

g. Standards for wall- and building-mounted facilities.

i. Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna.

ii. Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.

h. Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

3. Noise standards. Each facility shall be operated in such a manner so as to minimize any noise impacts.

a. Maximum limit. The maximum noise generation limit for communications facilities is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.

b. Testing. Testing of back-up generators and other noise-producing equipment shall take place between the hours of 8:30 a.m. and 4:30 p.m. except for weekends and holidays.

4. Height. A wireless telecommunications facility, whether building- or ground-mounted, may exceed the height limits for buildings established in the zoning district within which they are located upon approval of a use permit by the planning commission; however, roof-mounted antennas and antenna structures shall not exceed a height of 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. The applicant shall submit technical evidence to the city for independent third party technical review justifying any request to exceed zoning district height limits.

5. Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.

6. Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs at all gates. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.

7. Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the city or the Contra Costa Fire Protection District.

8. Landscaping and tree preservation.

a. Landscape plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.

b. Protection. Prior to commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the zoning administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as to minimize damage to tree roots.

c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.

9. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the operator shall bring the facility into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period, the operator shall bring the facility into conformance within 30 days of notification by the federal agency. The operator is under an affirmative duty to promptly provide the zoning administrator with a copy of any notice of such violation issued by any federal agency. Any violation of the provisions of this section shall be grounds for the city to terminate any permit granted hereunder and/or to order the immediate service termination of the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing radio frequency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the city attributable to such interference.

10. Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the zoning administrator or other applicable city decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.

11. Public health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

12. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 115% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

B. Special provisions for amateur radio antennas and antenna structures. In addition to the general development standards in this section, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth in FCC Order “PRB-1.” Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel having a residential use. The city may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements. (Ord. 910 § 5, 2017)

18.67.160 Exceptions.

In accordance with 47 U.S.C. § 332(c)(7), the hearing body may grant an exception to any requirement of this article that is not met upon finding that:

A. The applicant has demonstrated and confirmed that the wireless telecommunications facility is necessary to close a significant gap in the wireless provider’s personal wireless service; and

B. There is no less intrusive means to close that significant gap that more closely meets the purpose, intent, and findings of this chapter; and

C. Strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations. (Ord. 910 § 5, 2017)

18.67.170 Standard conditions of approval.

Unless modified by the approval authority, the following conditions of approval shall apply to any WTF affirmatively approved or approved by operation of law through issuance of an architectural review permit, use permit, or building permit:

A. Permit term. Any validly issued conditional use permit or land use permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

C. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator upon permittee’s receipt of the zoning administrator’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the zoning administrator upon that person’s verbal request.

E. Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower/and or base station is installed shall defend, indemnify and hold harmless the city of Pleasant Hill, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the city’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the WTF from view, shall be considered stealthing elements.

G. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.

I. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.

J. Optional build-out period. As a condition of approval, the approval authority may establish a reasonable build-out period for the approved facility.

K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

M. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the city right-of-way or on public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:

1. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.

2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.

5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.

7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.

8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.

O. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the WTF in conformance with federal, state, and local laws, rules, and regulations.

P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.

Q. Performance and maintenance agreement. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the city. The agreement shall be signed and notarized and submitted to the planning services division to be recorded against the property when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping. The terms of the agreement shall:

1. Ensure compliance with this chapter and all applicable conditions of approval;

2. Require the facility to be appropriately maintained;

3. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and

4. Require the property owners to defend, indemnify, and hold harmless the city.

R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 115% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

S. Conflicts with improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

T. City access. The city reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.

U. Encourage co-location. Where the wireless telecommunications facility site is capable of accommodating a co-located facility upon the same site, the owner and operator of the existing facility shall allow another carrier to co-locate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. (Ord. 910 § 5, 2017)

Article III. 6409(a) Modifications

18.67.210 Required findings.

The zoning administrator may issue a Section 6409(a) permit only upon finding that the proposed Section 6409(a) modification:

A. Constitutes an eligible facilities request; and

B. Would not result in a substantial change. (Ord. 910 § 5, 2017)

18.67.220 Effect on existing use permit.

Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the zoning administrator shall be authorized to issue a Section 6409(a) permit, even if issuance of such a permit would have the effect of amending an existing use permit. (Ord. 910 § 5, 2017)

18.67.230 Conditions of approval for Section 6409(a) modifications.

Section 6409(a) permits are subject to the following conditions, unless modified by the zoning administrator:

A. No permit term extension. The city’s grant or grant by operation of law of a Section 6409(a) permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a Section 6409(a) permit will not extend the permit term for any conditional use permit, land use permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

B. No waiver of standing. The city’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.

C. Permit term. Any validly issued conditional use permit or land use permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.

D. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

E. Inspections – emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

F. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zoning administrator upon permittee’s receipt of the zoning administrator’s written request, except in an emergency determined by the city when all such contact information for responsibility parties shall be immediately provided to the zoning administrator upon that person’s verbal request.

G. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.

H. Optional build-out period. As a condition of approval, the approval authority may establish a reasonable build-out period for the approved facility.

I. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

J. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

K. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.

L. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the city right-of-way or on public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:

1. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.

2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.

5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan.

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.

7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.

8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.

M. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the WTF in conformance with federal, state, and local laws, rules, and regulations.

N. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (Ord. 910 § 5, 2017)

18.67.240 Effect of repeal of Section 6409(a).

The city council has adopted this article to comply with P.L. 112-96, Section 6409. This article shall become null and void if P.L. 112-96, Section 6409, is rescinded. In such event, any application that would have been subject to this Article III shall instead be subject to the requirements of Article II. (Ord. 910 § 5, 2017)

Article IV. Process

18.67.310 Timing of review.

The city shall advise the applicant within 30 days of the filing of an application subject to this chapter if an application whether or not the application is complete. (Ord. 910 § 5, 2017)

18.67.320 Peer review.

In addition, the zoning administrator and/or the hearing body considering the zoning permit, architectural review permit, use permit, or Section 6409(a) permit may require the application, proposed findings, and conditions to be reviewed by an independent third party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. (Ord. 910 § 5, 2017)

18.67.330 Decision.

A. Basis. The hearing body’s decision shall be in writing. A denial must be supported by substantial evidence and:

1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations;

2. Cannot prohibit or have the effect of prohibiting the provision of services; and

3. Cannot unreasonably discriminate between providers (47 U.S.C. § 332(c)(7)(B)(i) and (iv)).

B. Timing of decision. The hearing body shall make its decision on a complete wireless telecommunications facility application as follows:

1. Section 6409(a) permits. Within 60 days of submission of application, as such deadline may be tolled.

2. All other permits. Within 90 days of submission of the application for a co-location; and within 150 days of submission of the application for other siting applications, unless a written waiver of these timelines is provided by the applicant. (Ord. 910 § 5, 2017)

18.67.340 Compliance verification.

No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise and radio frequency emissions study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the zoning administrator within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the city to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article. (Ord. 910 § 5, 2017)

18.67.350 Indemnification and liability.

A. Agreement required. The applicant and the property owner shall enter into a standard maintenance, removal and indemnification agreement subject to review and approval of the city attorney before a building permit is issued for any wireless telecommunications facility.

B. Contents. The agreement shall bind the applicant, property owner and any successors in interest to properly maintain the exterior appearance of the facility and ultimately remove the facility. It shall further bind them to pay all costs for monitoring compliance with provisions of this section and to reimburse the city for all costs incurred to perform any work, if required, because the applicant has failed to perform. In the agreement, the applicant shall agree to indemnify and defend the city, at the applicant’s sole expense, for any action taken against the city as a result of issuing an entitlement under this section.

C. Recordation. This agreement shall be recorded at the Contra Costa County recorder’s office and shall run with the land to ensure that future property owner(s) are aware of these ongoing requirements. (Ord. 910 § 5, 2017)

18.67.360 Facility maintenance.

All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the permittee. (Ord. 910 § 5, 2017)

18.67.370 Discontinuance of use.

Antennas, support structures and related equipment shall be removed within 30 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and community development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 30 calendar days of the discontinuation of the use. (Ord. 910 § 5, 2017)

18.67.380 Nonconforming facilities.

Any wireless telecommunications facility existing before the effective date of the ordinance codified in this section which is nonconforming to the provisions of this section may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section, unless otherwise permitted by federal law. (Ord. 910 § 5, 2017)

18.67.390 Revocation.

A. Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the WTF in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the city may schedule a public hearing before the planning commission to consider revocation of the permit. The planning commission revocation action may be appealed to the city council pursuant to PHMC Chapter 18.130.

B. If the permit is revoked pursuant to this section, the permittee shall remove its WTF at its own expense and shall repair and restore the site to the condition that existed prior to the WTF’s installation or as required by the city within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the WTF’s removal and site restoration.

C. At any time after 90 days following permit revocation, the city may require the WTF to be removed and restoration of the premises as the city deems appropriate. The city may, but shall not be required to, store the removed WTF (or any part thereof). The WTF permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed WTF, convert it to the city’s use, sell it, or dispose of it in any manner deemed appropriate by the city. (Ord. 910 § 5, 2017)

18.67.400 Appeal.

A decision of the zoning administrator may be appealed to the planning commission, and a decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 910 § 5, 2017)