11A - 2ND RD ORD TELECOMMUNICATION FACILITIES

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should be reviewed. The Director shall render a decision within twenty-one (21) days of receipt of the statement described herein. 2. If the Director denies the appeal, the permittee may file a written notice of appeal with the City Council within twenty-one (21) days of notification of the Director's denial. The appeal to the City Council must contain a statement of any significant factors and/or hardships as well as alternatives explored, and a response to the findings of the Director that resulted in the denial. The appeal shall be conducted in accordance with Chapter 3 of this Code. Sec. 33-244. -Site Selection Guidelines and Criteria. (a) The Director may authorize new poles within the public rights-of-way, or wireless facilities in underground utility areas, only with a finding that such new pole or wireless facility, as applicable, is necessary to avoid prohibiting or having the effect of prohibiting the provision of personal wireless services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(11)). (b) Traffic Obstruction. The placement of the facility shall not permanently impede vehicular or pedestrian traffic flow, nor shall such installation violate siting regulations imposed by the California Public Utilities Commission. (c) No modification to above -ground or at -grade facilities, including those related to size, color and shape of the housing, may be made by the applicant without first having obtained approval of the Director. Sec. 33-245. - Visual Impact Guidelines. (a) Unobtrusive Design. Wireless facilities shall be designed to be as visually unobtrusive as feasible. Colors and designs must be visually neutral, integrated and compatible with surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties and otherwise preserve the aesthetic integrity of the public right-of-way. (b) No component of a wireless facility shall extend seven (7) feet beyond the top of a pole. However, no facility located within one -hundred and forty (140) feet of a residential property shall exceed thirty-five (35) feet in height. Additionally, no facility shall exceed sixty (60) feet in height from the ground level as measured from the nearest street curb. The Director may waive these requirements if necessary to accommodate General Order 95 of the California Public Utilities Commission or a design permitted by the Guidelines. (c) No facility shall be illuminated unless specifically required by the Federal Aviation Administration or other governmental agency for security or clearance purposes. Ordinance No. NS -XXX Page 14 of 21 11A-16