17.130.025 Wireless telecommunications facility permit required

17.130.025 Wireless telecommunications facility permit required.

A. Permit Required. No wireless telecommunication facility shall be located or modified within the City on any property, including the public right-of-way, without compliance with this chapter.

B. Excluding eligible facility requests and certain minor noncommercial antenna, applications for wireless facilities shall require a use permit subject to the requirements of this chapter, to be acted upon by the Planning Commission pursuant to Chapter 17.415 SMC (“Conditional Use Permit Procedure”), and other permits as set forth in the table below in addition to any other permit required pursuant to the SMC.

Table 17.130-1. Permitted and Conditionally Permitted Telecommunications Uses
Description Wireless Facility	Private Property			Public Right-of Way¹
Description Wireless Facility	Residential Zoning Districts²	ESOS, Wetlands	All Other Zoning Districts (Commercial, Industrial, and Community Facilities)	Nonresidential Zoning Districts
Noncommercial minor antenna (Class A and B)	P⁴	-	P⁴	-
Noncommercial minor antenna (Class C and D)	CUP³	-	CUP³	-
Minor commercial telecommunications facility (less than 35 ft)	-	-	CUP	CUP
Minor commercial telecommunications facility (greater than 35 ft and less than 100 ft)	-	-	CUP	CUP
Major commercial telecommunications facility (greater than 100 ft)	-	-	CUP with special findings	CUP with special findings
Eligible facilities request or application pursuant to California Government Code Section 65850.6³	P⁴	P⁴	P⁴	P⁴
^{P = Permitted Use} ^{C = Conditional Use Permit, Planning Commission review} ^{- = Use Not Allowed} ¹ For any public right-of-way on the boundary between zoning districts the zoning applicable to the location of a wireless telecommunication facility shall be determined based upon the closest district adjacent to the facilityʼs location. The centerline of the public right-of-way will be used as the boundary between districts. ² Planned Community Districts containing any residential dwelling units are considered a residential zoning district for the purposes of this section. ³ Requests eligible as a modification under either Section 6409(a) or the wireless telecommunications collocation facilities covered under California Government Code Section 65850.6; administrative review required. ⁴Administrative review permit required.

C. Nonexclusive Grant. No approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. 1123 § 3 (Exh. A § 4), 2019)