§ 88-24.402. Location of facilities in county right-of-way and county-owned property.

(a)

Facilities Within a County Right-of-Way.

(1)

A new facility may be located within a county right-of-way pursuant to Public Utilities Code section 7901 only under a wireless facility access permit issued by the county under this chapter. A facility located in a county right-of-way may be substantially changed only under a wireless facility access permit issued by the county under this chapter.

(2)

In addition to the requirements of this chapter, the requirements of Chapters 1002-4 and 1002-8 apply to the construction of, or substantial change to, a facility under a wireless facility access permit. If there is any conflict between the requirements of this chapter and the requirements of Chapters 1002-4 and 1002-8, the requirements of this chapter will govern. The remaining requirements of Division 1002 do not apply to a wireless facility access permit issued under this chapter.

(b)

County-Owned Property. An antenna or facility may be located on county-owned property, or on any county-owned facility, if the applicant satisfies both of the following requirements:

(1)

The Applicant Must Obtain a Land Use Permit Under This Chapter. In addition to the information that must be submitted to obtain a land use permit under this chapter, the applicant must provide the county sufficient information to enable the county's chief information officer to determine whether the applicant's antenna or facility will interfere with existing antennas or facilities located on the county-owned property or county-owned facility. A land use permit for a facility on county-owned property or a county-owned facility will include location, operation, and other requirements that the county's chief information officer determines are necessary to prevent the applicant's antenna or facility from interfering with any other antennas or facilities on the county-owned property or the county-owned facility.

(2)

The applicant must enter into a lease, license, or other agreement with the county. The county has sole discretion to determine whether to lease, license, or otherwise convey an interest in, any of its property or facilities, and the terms of any lease, license, or other agreement may be more restrictive than the requirements of this chapter.

(Ord. No. 2016-11, § II, 5-24-16)