§ 17.39.070. Personal wireless service facilities located on city-owned property and within public right-of-way.

Any proposal for a personal wireless service facility located on city-owned property, including public rights-of-way, easements, and property controlled by the city, shall comply with its respective underlying zoning (if applicable) to the best extent feasible and all other applicable requirements as set forth in this chapter. The city manager, to the full extent permissible by federal law and the California Public Utilities Commission (CPUC), shall review any proposal for a personal wireless service facility located on city-owned or controlled property and have sole discretion to approve such facility with appropriate conditions or deny such facility. The application fee for a personal wireless service facility located on city-owned or controlled property shall be equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. A personal wireless service facility approved or denied by the city manager may be appealed to the city council within ten days from the date of the city manager's decision for a fee equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. The city shall have the ability to enter into a lease agreement with any personal wireless service facility located on city-owned or controlled property and collect reasonable compensation for the use of such public property where customary and appropriate.

(Ord. 587 § 1 (part), 1997)