Skip to main content
Loading…
This section is included in your selections.

A. General. Within 30 days of cessation of operations of any wireless telecommunications facility approved pursuant to this chapter, the operator shall notify the Zoning Officer in writing.

B. Lapse of Permit. The wireless telecommunications facility permit shall be deemed lapsed and of no further effect six months thereafter unless one of the following is true.

1. The Zoning Officer has determined that the same operator resumed operation within six months of the notice.

2. The City has received an application to transfer the permit to another operator.

C. Effect of Lapse.

1. No later than 30 days after a permit has lapsed, the operator shall remove all wireless telecommunication facilities from the site.

2. If the operator fails to do so, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of Section 23.332.050--Location Requirements to do so.

3. If such facilities are not removed, the site shall be deemed to be a nuisance pursuant to Chapter 23.414--Nuisance Abatement and the City may call the bond to pay for removal.

D. Failure to Inform. Failure to inform the Zoning Officer of cessation of operations of any existing facility constitutes a violation of the Zoning Ordinance and shall be grounds for any or all of the following:

1. Prosecution.

2. Revocation or modification of the permit.

3. Calling of any bond or other assurance secured by the operator pursuant to the requirements of Section 23.332.050--Location Requirements.

4. Removal of the facilities.

E. Transfer of Ownership.

1. Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the Zoning Officer and request transfer of the existing Use Permit.

2. The Zoning Officer may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing Use Permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a state-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the FCC and the California PUC.

3. If the Zoning Officer determines that the proposed operation is not consistent with the existing Use Permit, they shall notify the applicant who may revise the application or apply for modification to the Use Permit pursuant to the requirements of Chapter 23.404--Common Permit Requirements. (Ord. 7787-NS § 2 (Exh. A), 2021)