PC RES 2026-006 P.C. RESOLUTION 2026-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO
THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED TO
AMEND CHAPTER 17.73 (WIRELESS
TELECOMMUNICATIONS FACILITIES ON PRIVATE
PROPERTY) IN TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE (CASE NO. PLCA2026-0001).
WHEREAS, Chapter 17.73 (Wireless Telecommunications Facilities on Private
Property) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates the placement
of commercial and noncommercial antennas within the City; and
WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the
City's first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the
development, design, and location of commercial antennas; and
WHEREAS, on April 5, 1988, Ordinance No. 226 was adopted to amend the
relevant code section to incorporate additional regulations consistent with the Federal
Communications Commission (FCC) and to govern satellite dish antennas; and
WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted to amend and
reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which
included provisions for commercial, satellite, ham radio, and television antennas; and
WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §
17.76.020 to include provisions for regulating noncommercial amateur radio antennas;
and
WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend
RPVMC § 17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial
amateur radio antennas and support structures which can be erected without a permit
from the City; and
WHEREAS, on November 15, 2011, Ordinance No. 529 was adopted to amend
RPVMC § 17.76.020(A)(11) to add two new requirements for commercial antenna
applications, including the submittal of photographic simulations and the installation of
mock-ups; and
WHEREAS, on September 27, 2018, the Federal Communications Commission
("FCC") commenced issuance of a series of new rulemaking decisions/regulations that
significantly limit state and local management of wireless telecommunications
installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local
government zoning authority as it relates to location, siting 'and aesthetics, but limits local
regulations in three key ways: (1) a local ordinance may not unreasonably discriminate
P.C. Resolution No. 2026-06
Page 1 of 8
among providers of functionally equivalent services; (2) a local ordinance may not prohibit
or effectively prohibit service; and (3) a local ordinance may not regulate based on
environmental impacts from radio frequency emissions; and
WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend
RPVMC § 17.76.020(C) and (D) to update the development standards for noncommercial
amateur radio antennas; and
WHEREAS, on October 4, 2022, the City Council authorized the initiation of code
amendment proceedings to consider amending Title 17 (Zoning) and adopted Ordinance
No. 655U, to establish a temporary 45-day moratorium on the entitlement, establishment,
expansion or modification of antennas governed pursuant to RPVMC § 17.76.020; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No.
670U, to extend the moratorium period enacted by Interim Ordinance No. 655U by an
additional 10 months and 15 days, to allow Staff adequate time to research and prepare
code amendment proceedings to amend RPVMC § 17.76.020; and
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 673U,
to extend the moratorium period enacted by Interim Urgency Ordinance No. 655U and
Urgency Ordinance No. 670U by an additional year, to allow Staff adequate time to
research and prepare code amendment proceedings to amend RPVMC § 17.76.020; and
WHEREAS, on June 18, 2024, the City Council adopted Ordinance No. 682, which
repealed RPVMC § 17.76.020 (Antennas), and replaced it with Chapter 17.73 (Wireless
Telecommunication Facilities on Private Property) to (i) be consistent with the FCC,
federal and state rules and regulations, (ii) harmonize the City' s land use development
standards for private property installations with Chapter 12. 18 of Title 12 pertaining to
right-of-way wireless installations, and (iii) lawfully maintain the City's exercise of
aesthetic control over wireless telecommunications facilities; and
WHEREAS, after Ordinance No. 682 was adopted, pursuant to requests by various
wireless carriers and the direction of the City Council, the City seeks to streamline the
existing regulations and procedures to encourage wireless development, consistent with
and subject to federal and California state law, for compliance with Section 6409(a) of the
Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"), Pub. L. 112-96,
codified in Title 47 of the United States Code section 1455(a), and related Federal
Communications Commission regulations codified in Title 47 of the Code of Federal
Regulations section 1.6001 et seq, while still preserving the public health, safety, welfare,
historic semi-rural character, and aesthetics of the City; and
WHEREAS, Staff held several meetings with the Wireless Code Update
Subcommittee in February and March 2026 to discuss carrier and Staff-proposed updates
to Chapter 17.73 (Wireless Telecommunication Facilities on Private Property), with
p
particular attention to where the City has authority to regulate and how to incentivize
carriers to improve coverage in "dead" zones; and
P.C. Resolution No. 2026-06
Page 2 of 8
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, § 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code § 65962.5(f) (Hazardous Waste and Substances
Statement), it has been determined that the proposed code amendment is exempt from
CEQA because (a) this proposed code amendment is not a project within the meaning of
CEQA § 15378 because it has no potential for resulting in physical change to the
environment, either directly or indirectly; (b) this proposed code amendment is also
exempt pursuant to CEQA § 15061(b)(3) since the proposed ordinance involves an code
amendment and does not have the potential to significantly impact the environment; and
(c) as the code amendment is an administrative procedure related to uses, facilities, and
regulations identified in the RPVMC and General Plan, and given that the proposed
Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of
affected improvements, will not impact a sensitive environmental resource of hazardous
or critical concern; (ii) will not have a cumulative impact on the environment through
successive projects of the same type, in the same place, over time; (iii) does not have
any unusual circumstances that will have a significant effect on the environment; (iv) does
not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not
adversely impact a historical resource; and
WHEREAS, on March 26, 2026, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the Planning Commission on
April 14, 2026 pursuant to the requirements of the RPVMC; and
WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public
hearing, considered the information provided by City staff, public testimony and other
evidence regarding the proposed code amendment. This Resolution, and its findings, are
based upon the evidence presented to the Planning Commission at its hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES AND RESOLVES AS
FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and
correct and incorporated herein by reference as though set forth in full.
Section 2: The Planning Commission has reviewed and considered
recommending to the City Council that an ordinance be adopted to amend Chapter 17.73
(Wireless Telecommunication Facilities on Private Property), in Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code, and to determine the amendment is exempt from
the California Environmental Quality Act as follows.
Section 3: CEQA Compliance. The Planning Commission finds that the code
amendments described below are not a "project" as that term is defined by California
Environmental Quality Act ("CEQA") Guidelines as this ordinance constitutes general
P.C. Resolution No. 2026-06
Page 3 of 8
policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code
amendments are exempt from CEQA'S requirements because there is no possibility that
this Ordinance or its implementation would have a significant negative effect on the
environment (14 CCR § 15061 (b)(3)).
Section 4: The code amendments proposed by the carriers, Staff, and the
Subcommittee include minor clerical edits, the addition of new definitions, streamlining
code requirements, and deleting and/or replacing sections of code. The code
amendments have been attached to this Resolution as both a red-lined document and a
clean document as Exhibit A.
Section 5: The code amendment would provide more streamlined requirements
related to wireless communications facilities, thereby encouraging development of
wireless telecommunication facilities, in conformance with current State and Federal law.
Section 6: The code amendment is consistent with the goals, policies, and
objectives of the General Plan because it is in the public interest and there are community
benefits resulting from the streamlining of wireless communications facility regulations,
while still maintaining rules related to aesthetics, including preservation of the
community's aesthetic and semi-rural character, and providing wireless service to
residents. Specifically, the code amendment is consistent with the following Goals and
Policies of the City's General Plan:
1. Circulation Element Goal No. 1.1: "Ensure adequate public utilities and
communication services to all residents, while considering environmental,
aesthetic, and view impacts." Circulation Element, pg. C-5.
2. "One of the founding principles of the City of Rancho Palos Verdes is to
maintain its rural character, a large component of which is its expanse of
open land." Conservation and Open Space Element, pg. COS-36.
3. Land Use Element Goal No. 1.10: "Preserve the rural and open character
of the City through zoning, cooperation with other jurisdictions, and
acquisition of open space land." Land Use Element, pg. L-7.
4. "With urban design, the City is concerned with ensuring that the
development of each parcel or additions to existing structures occurs in a
manner that is harmonious with the land and also maintains an architectural
aesthetic and character representative of the neighborhood and the City."
Visual Resources Element, pg. V-4.
5. "Neighborhood compatibility is an urban design concept that attempts to
balance new residential development with the preservation of the rural and
semi-rural characterof the -
act City." Visual Resources Element, p . V 13.
g
6. Circulation Element Policy No. 52: "Balance the need to accommodate
wireless communications coverage in the community with the need to
protect and maintain the quality of the environment for residents. All new
proposals to construct wireless communication facilities shall be reviewed
using guidelines adopted and kept current by the Planning Commission
and, where applicable, considering covenants, conditions, and restrictions.
P.C. Resolution No. 2026-06
Page 4 of 8
These guidelines shall balance public and private costs and benefits to the
greatest reasonable extent, and encourage colocation of facilities and the
use of evolving wireless communication technologies to minimize impacts."
Circulation Element, pg. C-8.
Section 7: The Planning Commission also recommends that the City Council
consider the following:
1. Explore methods by which to expand high-speed internet access in addition to
improving cellular coverage citywide.
2. Continue to prioritize neighborhood compatibility, aesthetics, and quality of life
alongside service improvements.
3. Have the City proactively identify service gaps and establish a strategy, by
hiring a consultant to guide this infrastructure placement and investment. Also
utilize an independent consultant to provide unbiased technical analysis,
evaluate coverage needs and infrastructure strategies, and reduce reliance
on carrier-driven information.
4. Consider incentives such as reduced fees and/or access to utilities or
infrastructure.
5. Shift toward small cell (micro cell) technology rather than large towers, though
coverage is limited and may require multiple installations. Recognize
emerging technologies including 5G networks and mesh systems, fiber
backhaul requirements, and satellite-based cellular service, which may
reduce reliance on ground infrastructure in the near term.
6. Promote co-location and shared infrastructure among carriers to reduce total
facility count. Encourage use of preferred locations, particularly the public
right-of-way. Explore distributed infrastructure approaches (e.g., small cells)
to reduce visual impacts.
7. Streamline review processes while maintaining public participation and review
standards.
8. Maintain robust appeal opportunities and the City Council is the final decision-
maker. Preserve standard appeal periods where feasible.
9. Consider a "Fall-down" setback requirement, and more detailed preferred
siting and incentive-based approaches, to guide, not prohibit development.
10.Require photo simulations to show neighborhood around it for context and to
also be prepared to scale.
11.Regarding screening, perimeter screening is not acceptable, the equipment
itself must be screened.
12.Revert "should" back to "shall" unless it was revised due to federal and state
regulations.
13.Require public notification and City may opt to hold the community meeting.
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends to the City Council
that an Ordinance be adopted, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 17.73
P.C. Resolution No. 2026-06
Page 5 of 8
(WIRELESS TELECOMMUNICATION FACILITIES ON PRIVATE PROPERTY) IN TITLE
17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (PLCA2026-
0001)."
PASSED, APPROVED AND ADOPTED on this 14th day of April 2026, by the following
vote:
AYES: COMMISSIONERS CHRISTEN, CHURA, GEORGE, O'CONNOR,
SANTAROSA, VICE CHAIR BRACH, & CHAIR NULMAN
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Eric ulman
Chair
Bra !, o :e £ICP
Direct of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2026-06
Page 6 of 8
EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached redlined copy.
P.C. Resolution No. 2026-06
Page 7 of 8
Exhibit "A"
Note: Additions are noted as bolded and underlined and deletions as strikethrough)
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.73.010. - Purpose.
17.73.020. - Definitions.
17.73.030. - Standards generally applicable to all wireless telecommunications facilities.
17.73.040. - Application content.
17.73.050. - Independent consultant review.
17.73.060. - Collocation and modification standards.
17.73.070. - Exemptions to prevent an effective prohibition.
17.73.080. - Compliance report.
17.73.090. - Maintenance.
17.73.100. -Amortization of nonconforming facilities.
17.73.110. - Permit extensions.
17.73.120. - Temporary wireless facilities.
17.73.130. - Revocation.
17.73.140. - Decommissioned or abandoned wireless telecommunications facilities.
17.73.150. - Wireless telecommunications facilities removal or relocation.
17.73.160. - Reserved.
17.73.170. - Compliance obligations.
17.73.180. - Conflicts with prior ordinances.
17.73.190. - Duty to retain records.
17.73.200. - Severability.
17.73.210. - Wireless telecommunications facilities on private property.
17.73.220. - Eligible wireless telecommunications facilities.
17.73.230. - Amateur radio facilities.
17.73.240. - Over-the-air reception devices.
17.73.010. Purpose.
A. The purpose of this chapter is to reasonably regulate, to the extent permitted under
California and federal law, the installations, operations, collocations, modifications,
replacements and removals of various wireless telecommunications facilities
("WTFs") on private property in the city recognizing the benefits of wireless
telecommunications while reasonably respecting other important city needs,
including the protection of public health, safety, and welfare, aesthetics and local
values.
B. The overarching intent of this chapter is to make wireless telecommunications
reasonably available while protecting scenic views and preserving the semi-rural
character and aesthetics of the city. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design,
siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations where
other such facilities already exist; and
3. Encouraging the installation of such facilities where and in a manner such that
potential adverse aesthetic impacts to the community are minimized.
C. To allow the city to better preserve its semi-rural and unique character, it is the
intent to limit the duration of WTF permits, in most cases, to terms of ten years, and
to reevaluate existing WTFs at the end of each term for purposes of further
minimizing aesthetic impacts on the community.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications
services; or
2. Unreasonably discriminate among providers of functionally equivalent wireless
telecommunications services; or
3. Regulate the placement, construction or modification of WTFs on the basis of
the environmental effects of radio frequency ("RF") emissions where it is
demonstrated that the VVTF does or will comply with the applicable FCC
regulations; or
4. Prohibit or effectively prohibit collocations or modifications that the city must
approve under state or federal law.
E. The provisions in this chapter shall apply to all permit applications to install, operate
or change, including, without limitation, to collocate, modify, replace or remove, any
new or existing wireless tower or base station within the city.
F. Nothing in this chapter is intended to allow the city to preempt any state or federal
law or regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, any obligations
a WTF permit holder may have under any franchises, licenses, or other permits
issued by the city.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.020. Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be
defined as defined at Section 12.18.020, wireless telecommunication facilities in the
public right-of-way. In addition, the following definitions shall apply to this chapter:
Antenna means that specific device for transmitting and/or receiving radio
frequency or other signals for purposes of wireless telecommunications services.
"Antenna" is specific to the antenna portion of a wireless telecommunications facility
Antenna height means the distance from the grade of the property at the base of
the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior
base of the building to the highest point of the antenna and it associated support
structure when fully extended.
City-owned structure without limitation means any pole, building, facility,
transportation or traffic sign or other structure owned by the city.
"Collocation" is defined by the FCC in 47 C.F.R. § 1.6100(b)(2) as "[t]he
mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals
for communications purposes.", or as may be amended.
Concealed or concealment means camouflaging techniques that integrate the
antennas and accessory equipment into the surrounding natural and/or built
environment such that the average, untrained observer cannot directly view the
equipment but would likely recognize the existence of the wireless facility or
concealment technique. Camouflaging concealment techniques include, but are
not limited to:
(1) Facade or rooftop mounted pop-out screen boxes;
(2) Equipment cabinets painted or wrapped to match the background; and
(3) Antennas mounted within a radome on a utility pole;
(4) An isolated or standalone faux tree.
CPUC means the California Public Utilities Commission or its successor agency.
Director means the community development director or their designee.
Eligible facility permit or EFP means a permit for an eligible facilities request that
meets the criteria found in Section 17.73.220.
Mock-up means a temporary, full-sized, structural model built to scale chiefly for
study, testing, or displaying a wireless telecommunications facility. It is nonfunctional
and has no power source.
Nonresidential zone means any zoning district other than the RS, single-family
residential zone, or RM, multifamily residential zone.
OTARD antenna means antennas covered by the "over-the-air reception devices"
rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
Private property means any property owned by a private individual or entity,
including government owned property such as any property owned in fee by the city or
dedicated for public use (i.e., parks).
Screening means the effect of locating an antenna behind a building, wall, facade,
fence, landscaping, berm, and/or other specially designed device, utilizing materials
that match the surrounding site, so that view of the antenna from adjoining and
nearby public street rights-of-way and private properties is eliminated or minimized.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as
may be amended, which provides that "[f]or towers other than towers in the public
rights-of-way, the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site, and, for other
eligible support structures, further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground."
Unconcealed means a wireless telecommunications facility that is not a concealed
facility and has no or effectively no camouflage techniques (such as those described
in the definition of "Concealed or concealment") applied such that the wireless
telecommunications facility and/or accessory equipment is plainly obvious to the
observer.
Wireless facilities provider means an entity utilized by a wireless service provider to
construct and/or operate the wireless service provider's wireless facility.
Wireless facility permit, administrative or AWFP means any new facility or
collocation or modification to an existing facility that is concealed in a nonresidential
zone and integrated into the facade and design of an existing structure or building. If on
an existing utility pole in a nonresidential zone, the facility must be integrated into the
pole, well designed, and does not substantially change the appearance of the pole as
determined by the director.
Wireless facility permit, conditional or CWFP means any new facility, collocation, or
modification to an existing facility on private property that is unconcealed, located in a
less preferred location, unconcealed in a preferred location, or does not meet the
criteria for either an administrative wireless facility permit or an eligible facility permit.
Wireless service provider means the FCC licensed or authorized entity actually
offering wireless services to the public.
WTF means wireless telecommunications facility as defined by Section 12.18.020.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.030. Standards generally applicable to all wireless telecommunications
facilities.
A. Height restrictions.
1. No A concealed or unconcealed tower or antenna of any wireless
telecommunications facility shall comply with the following height limits
exceed the zone height limit of the zone upon which the wireless
telecommunications facility is located, unless otherwise approved pursuant to
Section 17.73.070.
a. If mounted on an existing building facade, up to the highest point of
the building which can be a main roof ridge or top of parapet, but not a
roof-mounted structures such as an elevator penthouse.
b. If mounted on top of the roof of an existing building, height approval
shall be subject to an Administrative Wireless Facility Permit pursuant
to section 17.73.030(E)(2).
c. If not mounted on an existing building facade and/or roof, up to 16 feet
in height, unless the height is otherwise approved pursuant to section
17.73.070 or section 17.73.030(E)(1).
2. The height limitations in subsection (A)(1) of this section are subject to
preemption including pursuant to 47 U.S.C. C.F.R. Section 140001.6100.
B. Installation of WTFs. Prior to the installation of a new wireless telecommunications
facility or a modification or collocation to an existing wireless telecommunications
facility that does not constitute an "eligible facilities request" nor qualify for an
eligible facility permit, the owner, or occupant with written permission from the
owner of the lot, premises, parcel of land or building on which a wireless
telecommunications facility is to be located shall first obtain a conditional wireless
facility permit or administrative wireless facility permit from the city pursuant to this
chapter.
C. Installation of eligible facilities. Unless specifically exempt by federal or state law, all
applications for the installation of wireless telecommunications facilities that
constitute "eligible facilities requests" require the approval of an eligible facility
permit as described in Section 17.73.220 prior to construction of such eligible
facility.
D. Exempted facilities. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over-the-air reception devices (OTARD) antennas, up to three on a property;
3. Facilities owned and operated by the city for its use; or
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of
state or federal law, or franchise agreement, are preemptive of the terms of this
chapter, then the terms of this chapter shall be severable to the extent of such
preemption and all remaining regulations shall remain in full force and effect.
Nothing in the exemption shall apply so as to preempt the city's valid exercise
of police powers that do not substantially impair franchise contract rights;
E. Required permits. All proposed facilities and collocations or modifications to
facilities governed under this chapter shall be subject to either a conditional
wireless facility permit or an administrative wireless facility permit from the city,
unless exempted from this chapter as an eligible facility permit under Section
17.73.220.
1. Conditional wireless facility permit.
a. A conditional wireless facility permit is required for any new facility or
collocation or modification to an existing facility located on private property
as follows:
i. All facilities in less preferred locations, as defined in subsection
17.73.210(C)(1)(b);
ii. All unconcealed facilities in preferred locations, as defined in
subsection 17.73.210(C)(1)(a); and
iii. All other facilities that do not meet the criteria for either an
administrative wireless facility permit described herein or an eligible
facility permit described in Section 17.73.220.
b. Approval of a conditional wireless facility permit for a wireless
telecommunications facility shall be subject to the following findings:
i. All standards and regulations contained in Section 17.73.210, and
any amendments or modifications to the facility as approved by
resolution of the planning commission at a noticed public hearing;
ii. No wireless communications facility proposed within 200 feet from
any dwelling lawfully used or approved for a residential use may not
be approved unless the proposed facility meets all of the following
criteria:
(A) All accessory equipment associated with the proposed wireless
communications facility is screened to the satisfaction of the
Director. The Director must determine that all accessory
equipment associated with the proposed wireless
communications facility is fully screened from off-site vantage
pointsplaced underground, unless otherwise approved by the
planning commission;
(B) The proposed wireless communications facility is located a minimum
of 200 feet from any other wireless communications facility, unless
otherwise approved pursuant to Section 17.73.220.
(C) Applicant shall provide justification in terms of coverage and/or
capacity as to why height in excess of the above limits is
requested.
c. A wireless telecommunications facility application must include all of the
contents described in Section 17.73.040.
d. All decisions for a wireless telecommunications facility must be in writing
and contain the reasons for approval or denial.
e. All approved or deemed-approved wireless telecommunications facilities
shall be subject to all the conditions imposed by the planning commission.
f. Noticing requirements and appeal provisions shall follow the procedures
described in Chapter 17.80 (hearing notice and appeal procedures).
2. Administrative wireless facility permit.
a. An administrative wireless facility permit is required for any new facility or
collocation or modification to an existing facility as follows:
i. All concealed facilities in a nonresidential zone that are integrated into
the facade and design of an existing building;
ii. All concealed facilities on an existing structure, other than a utility
pole, in a nonresidential zone;
iii. Wireless telecommunication accessory equipment that is incidental to
and part of the provision of a public utility, including electrical power,
gas, and sewerage, in accordance with a franchise agreement with
the city.
b. Approval of an administrative wireless facility permit shall be subject to the
following findings:
i. A wireless telecommunications facility application must include all of
the contents described in Section 17.73.040.
ii. All standards and regulations described in Sections 17.73.050 and
17.73.210, and any amendments or modifications to the facility as
approved by the director.
iii. No concealed wireless telecommunications facility proposed within
200 feet from any dwelling used or approved for a residential use may
be permitted unless the proposed facility meets all of the following
criteria:
(A) All non-antenna accessory equipment associated with the
proposed wireless telecommunications facility is placed
underground or concealed if visible into the facade of
design of a building;
(B) No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in
volume;
(C) The cumulative antenna volume on any single pole does not
exceed nine cubic feet; and
(D) For facilities not concealed within a building, the proposed
wireless telecommunications facility must be located a
minimum of 200 feet from any other wireless
telecommunications facility located along the same side of a
street, unless the existing facility is concealed into the facade
or design of a building, and a minimum of 200 feet from any
street intersection.
c. All approved or deemed-approved wireless telecommunications facilities
shall be subject to all the conditions imposed by the director.
d. All decisions for an administrative wireless facility permit must be in writing
and contain the reasons for approval or denial. Notice of said decision
shall be given to the applicant and to all owners of real property adjacent
to subject property. Notice of denial shall be given to the applicant, as well
as any persons who have requested notice for these the subject permit,
pursuant to subsection 17.80.090(E).
e. An interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council
purcuant within 15 days of the director's decision, in accordance with
the notice and appeal procedures set forth into Chapter 17.80 (hearing
notice and appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.040. Application content.
A. The director shall develop and publish, and from time-to-time modify and republish,
an application or applications to be used to apply for permits or extensions thereof.
B. The first step in the process in order for an application to be deemed
submitted and for a shot clock, as described in 47 C.F.R. § 1.6003, to
commence, the application package materials described below must have
been submitted. At a minimum, the director shall include in every application shall
include the following information:
1. Legal description. A legal description of the property where the wireless
telecommunications facility is to be installed.
2. Radius map and certified list. A radius map and a certified list of the names
and addresses of all property owners within 500 feet of the exterior boundaries
of the property involved, as shown on the latest assessment roll of the county
assessor. The radius map and certified list may be reduced for AWFP and EFP
applications at the discretion of the director.
3. Plot plan. A plot plan of the lot, premises or parcel of land showing the exact
location of the, proposed wireless telecommunications facility (including all
related accessory equipment and cables), exact location and dimensions of all
buildings, parking lots, walkways, trash enclosures, and property lines.
4. Elevations and roof plan. Building elevations and roof plan (for building- and/or
rooftop-mounted facilities) indicating exact location and dimensions of
accessory equipment proposed. For freestanding facilities, indicate
surrounding grades, structures, and landscaping from all sides.
5. Screening. Proposed landscaping and/or nonvegetative screening (including
required safety fencing) plan for all aspects of the facility.
6. Manufacturer's specification. Manufacturer's specifications, which may
includeing installation specifications, exact location of cables, wiring, materials,
color, and any support devices that may be required.
7. Visual impact letter. Except for eligible facilities permits, as defined in
Section 17.73.220pwritten documentation demonstrating a good faith effort
to locate the proposed facility in the least intrusive location and concealed and
screened to the greatest extent feasible in accordance with the site selection
and visual impact criteria of Section 17.73.210 and if applicable, the extent to
which the proposed antenna assembly significantly impairs a view, as defined
in Section 17.02.040, view preservation and restoration, of the development
code.
8. Reasonable efforts to collocate required. Applicants proposing new wireless
telecommunications facilities must demonstrate that reasonable efforts have
been made to locate on existing facilities. The applicant must provide written
documentation of all efforts to collocate the proposed facility on an existing
facility, or antenna mounting structure, including copies of letters or other
correspondence sent to other carriers or tower owners requesting such
location and any responses received. This should include all relevant
information as applicable regarding existing towers or base stations in the
area, topography, signal interference, signal propagation and available land
zoning restrictions.
9. Photographs and photo visual Photographs and photo simulations.
Photographs and photo visual simulations shall be submitted to the
extent necessary, as determined by the director, to demonstrate
maintenance of existing concealment for eligible facilities permits. For all
other applications, visual simulation shall be submitted, and can consist
of either a physical mock-up of the facility, balloon simulation, photo
simulation, and/or other means acceptable to the director.
a. photo simulations are submitted, they shall show existing and post-
project conditions, including all visible facility elements such as
antennas at maximum height, equipment cabinets, cabling, support
structures, concealment features, screening, and associated utilities.
They shall also that show the proposed facility in context of the site from
reasonable line-of-sight locations from public streets or other adjacent public
and private viewing stations, as well as from nearby affected
properties, together with a map that shows the photo location of each view
angle, all deemed acceptable by the director.
b. Simulations incorporating landscaping shall generally depict
anticipated ten-year growth.
c. At least one simulation shall clearly illustrate how concealment or
camouflage treatments will appear in practice.
d. Visual simulations shall reflect accurate scale, coloration,
configuration, and placement of all visible elements of the proposed
facility.
e. If a balloon test is used, it shall meet the following requirements:
i. Balloon diameter shall be no less than four (4) feet;
ii. Balloon color shall be either red, orange, or yellow;
iii. Balloon shall be anchored to the ground;
iv. The height at which the balloon is flown shall be the same as the
combined height of the tower and its antennas
v. Balloons shall be flown starting either the next business day after
the application is deemed complete for processing (administrative
wireless facility permit), or the next business day after the public
notice is published (conditional wireless facility permit), and at a
minimum, continuously between the hours of 7:00 a.m. and 10:00
a.m. each day it is required to be flown. The balloon shall be flown
for a minimum of two (2) days. Failure to maintain the balloon as
specified above may result in a delayed decision.
vi. The applicant must notify the director in advance of the planned
balloon test.
vii. The applicant is responsible for securing any FAA approvals, if
required, prior to this demonstration.
viii. An alternate date must be planned for in the event that the
weather is not conducive to a balloon test and if the test must be
rescheduled due to weather conditions or any other reason, the
applicant must notify the director of the cancellation and the
rescheduled dates.
10. Coverage Information. A supplemental technical report demonstrating the
necessity of the proposed facility shall be submitted, if required by the
city. The supplemental technical report shall include: (1) RF coverage
and/or capacity analysis identifying any existing gap or network
deficiency; (2) proposed coverage improvements; (3) analysis of all
feasible alternative sites and designs; and (4) certification by a qualified
radio-frequency engineer. Applications lacking this information shall be
deemed incomplete.
Master plan. If required by the city, a master plan which identifies the location of
the proposed facility in relation to all existing and potential facilities maintained
by the wireless service provider intended to serve the city. The master plan
shall reflect all potential locations that are reasonably anticipated for
construction within two years of submittal of the application. Applicants may not
file, and the city shall not accept, applications that are not consistent with the
master plan for a period of two years from approval of a conditional wireless
facility permit or administrative wireless facility permit unless: (a) the applicant
demonstrates materially changed conditions which could not have been
reasonably anticipated to justify the need for a wireless telecommunications
facility site not shown on a master plan submitted to the city within the prior two
years, or (b) the applicant establishes before the planning commission that a
new wireless telecommunications facility is necessary to close a significant gap
in the applicant's sewice area, and the proposed new installation is the least
intrusive means to do so.-
11. Alternative analysis. Except for eligible facilities permits, fif required by the
city, a siting analysis which identifies another minimum of five other feasible
locations within or outside the city which could serve the area intended to be
served by the facility, unless the applicant provides compelling technical
reasons for providing fewer than the minimum. The alternative site analysis
should include at least one collocation site, if feasible.
12. Noise study. If requested by the city, a noise study prepared and certified by an
acoustical engineer licensed by the State of California for the proposed facility
and all accessory including all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators
demonstrating compliance with the city's noise regulations (RPVMC section
8.24.060.A.13). The noise study must also include an analysis of the
manufacturers' specifications for all noise-emitting equipment and a depiction
of the proposed accessory equipment relative to all adjacent property lines. In
lieu of a noise study, the applicant may submit evidence from the equipment
manufacturer that the ambient noise emitted from all the proposed accessory
equipment will not, both individually and cumulatively, exceed 65dBA a one
dBA increase over ambient noise levels as measured from the property line of
any residential property. Within residential zones and properties adjacent to
residential zones, soundproofing measures shall be used to reduce noise
caused by, the operation of a wireless telecommunications facility and all
accessory equipment to no more than 65dBA, a level which would have a ne-
net increase in ambient noise level as measured from the property line of any
residential property.
13. Certificate of public convenience and necessity. Certification that applicant is a
telephone corporation or a statement providing the basis for its claimed right to
install WTFs in the city. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the California Public Utilities Commission, it
shall provide a true and complete copy of its CPCN.
14. DELETED. Mock-up. A mock-up including all proposed antenna structures;
antennas, cables, hardware and related accessory equipment shall be
constructed at least 15 consecutive calendar days, for 24 hours a day, prior to
a public hearing, in order for the planning commission or the director to assess
aesthetic impacts to surrounding land uses and public rights-of-way. Said
mock-up shall remain in place until completion of any appeal process and shall
be removed within seven calendar days of any final decision. This requirement
may be waived by the director:
a. Installation of a mock-up can occur prior to submittal of a formal
application; provided, that the director has reviewed the plans for the
mock-up. and approved or conditionally approved a site plan review
permit. Prior to installation of a mock-up, the applicant shall provide notice
to all residents and homeowners within 500 feet of the proposed mock up
at least 48 hours in advance. Said notice shall be provided to the director
for review and approval prior to issuance of the notice.
b. Mock-ups shall be required for all proposed wireless communication
facilities, except for collocations that do not represent a major modification
to visual impact as defined in Section 17.73.210. For proposed rooftop or
ground-mounted antennas, a temporary mast approximating the
dimensions of the proposed facility shall be raised at the proposed
antenna/mast location. For proposed new telecommunications towers the
applicant will be required to raise a temporary mast at the maximum height
and at the location of the proposed tower. At minimum, the onsite
demonstration structure shall be in place prior to the first public hearing to
consider project approval, on at least two weekend days and two
weekdays between the hours of 8:00°a.m. to 6:00 p.m., for a minimum of
ten hours each day. A project description, including photo simulations of
the proposed facility, shall be posted at the proposed project site, in a
location upon where members of the public may view said description and
photos, for the duration of the mock-up display. The director may release
an applicant from the requirement to conduct on site visual mock ups
upon a written finding that in the specific case involved, said mock-ups are
not necessary to process or make a decision on the application and would
not serve as effective public notice of the proposed facility:
15. RF exposure compliance report. An RF exposure compliance report prepared
and certified by a licensed RF engineer that certifies that the proposed facility,
as well as any collocated facilities, will comply with applicable federal RF
exposure standards and exposure limits. The RF report must include the actual
frequency and power levels (in watts effective radio power (ERP)) for all
existing and proposed antennas at the site and exhibits that show the location
and orientation of all transmitting antennas and the boundaries of areas with
RF exposures in excess of the uncontrolled/general population limit. Each such
boundary shall be clearly marked and identified for every transmitting antenna
at the project site.
16. Written authorization from property owner required. Unless previously
authorized by the private property owner, revery applicant applying for
authorization to construct, modify, or remove a wireless telecommunications
facility located on private property must include with its application a written
authorization signed by the owner of the property.
17. Other information. Except for eligible facilities permits, as described in
section 17.73.220, Aany other information as deemed necessary by the city in
order to consider an application for a wireless telecommunications facility.
18. Fees. The application shall be accompanied by the appropriate fee in an
amount as established by resolution of the city council. Pursuant to section
17.86.080, if a permit issued under Chapter 17.73 expires before an
extension application is submitted, the required fees shall be doubled.
19. Community meeting. In addition to any other action otherwise required by law
pertaining to the processing of a conditional wireless facility permit application,-
Though voluntary, the applicant, at it's election, for which such review is
being sought, is strongly encouraged to hold a community meeting by
shall takeing atl one or more of the following actions if required by the city:
a. Send written notice to both the owner(s) of real property, as shown on the
latest equalized assessment roll, within 5100 feet of the proposed wireless
telecommunications facility and the city planning department, of the
pendency of the filing of such an application, including with such notice
copies of preliminary drawings of the proposed project at a scale no
smaller than one inch equals 16 feet. No application for neighborhood
review will be accepted as complete unless it contains evidence
acceptable to the director that such notice has been sent.
b. Hold an in-person or virtual community meeting at least four weeks
before the date of the planning commission meeting at which the
application will be heard, and invite the persons entitled towho receive
notice pursuant to subsection (B)(19)(a) of this section to attend such
meeting to discuss the proposed application. The community meeting shall
be held on a nonholiday weekend or during daylight hours and before 9:00
a.m. or after 5:00 p.m. on a weekday. The meeting shalimay be held at
the subject site; provided, however, that if the occupancy of the subject
site by a tenant or physical conditions at the subject site make it unsafe or
infeasible to provide a table and chairs at the subject site, the meeting
may be held at another location within the city or virtually. The mock-up
of the proposed project shall be erected at the subject site before the
meeting.-The applicant may consider presenting the primary location
and all alternative sites shall be presented to the community as well as the
reasons for the selection of the primary location. Notice of the date, time
and place of such meeting shallmay be sent at least seven days before
the meeting and shall be filed with the planning department.
c. If the hearing on the application is continued by the planning commission,
the applicant is encouraged, but not required, to hold a further meeting
with the persons entitled to notice pursuant to (a) of this subsection at
least one week prior to the continued hearing.
d. If a meeting pursuant to subsection (B)(19)(b) of this section results in any
modifications to the project prior to the planning commission hearing on
the project, the applicant sballmay (1) notify the director of the proposed
modifications, and (2) explain to the planning commission at the hearing
on the matter any discrepancy between the project as proposed in *team,
notice sent pursuant to subsection (B)(19)(a) of this section and the
project as presented to the planning commission.
e. A community meeting may be required at the discretion of the director for
an application for an administrative wireless facility permit or an eligible
facility permit.
20. Coverage maps which adequately identify the existing and proposed
coverage. Colors should be red=poor, yellow=fair, and green=good.
Identify major streets and landmarks. Include a legend and identify
existing and approved facilities by site name.
21. A typed mailing list of all property owners within a 500-foot radius or 100-
foot (EFRs) radius of the subject property as measured from property
lines, using the last equalized tax roll of the county assessor and any
affected homeowners associations, and a vicinity map identifying all
properties included on the mailing list.
C. Appeals. No decision on any wireless telecommunications facility application shall
be considered final until and unless all appeals have been taken or are time-barred.
D. Effect of state or federal law change. In the event a subsequent state or federal law
prohibits the collection of any information described herein, the director is
authorized to omit, modify or add to that request from the city's application form.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.050. Independent consultant review.
A. Authorization. The city council authorizes the director to, in his or her discretion,
select and retain an independent consultant with expertise in telecommunications
satisfactory to the director in connection with any permit application.
B. Scope. The director may require the independent consultant to review and
comment on any issue that involves specialized or expert knowledge in connection
with the application. Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
2. Planned compliance with applicable federal RF exposure standards;
3. Whether and where a significant gap exists or may exist, and whether such a
gap relates to service coverage or service capacity;
4. Whether technically feasible and potentially available alternative locations and
designs exist;
5. The applicability, reliability and sufficiency of analyses or methodologies used
by the applicant to reach conclusions about any issue within this scopethat
requires expert or specialized knowledge; and
6. Any other application issue or element that requires expert or specialized
knowledge.
C. Deposit. The applicant must pay for the cost of any review required under
subsection (B) of this section and for the technical consultant's testimony in any
hearing as requested by the director and must provide a reasonable advance
deposit of the estimated cost of such review with the city prior to the
commencement of any work by the technical consultant. The applicant must
provide an additional advance deposit to cover the consultant's testimony and
expenses at any meeting where that testimony is requested by the director. Where
the advance deposit(s) are insufficient to pay for the cost of such review and/or
testimony, the director shall invoice the applicant who shall pay the invoice in full
within ten calendar days after receipt of the invoice. No permit shall issue to an
applicant where that applicant has not timely paid a required fee, provided any
required deposit or paid any invoice as required in the code.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.060. Collocation and modification standards.
The modification or collocation of wireless facilities, not subject to the provisions of
Section 17.73.220, shall be denied if any of the following will occur:
A. The proposed collocation or modification involves excavation outside the
current boundaries of the leased or owned property surrounding the wireless
tower, including any access or utility easements currently related to the site;
B. The proposed collocation or modification would defeat or diminish the existing
concealment elements of the support structure as determined by the director;
C. The proposed collocation or modification violates any section of this Chapter,
or any prior condition of approval for the site;
D. If the site is not presently concealed, the proposed collocation or modification
does not provide for camouflage.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.070. Exemptions to prevent an effective prohibition.
All requests granted under this chaptersection are subject to review and
consideration by the planning commission. The applicant always bears the burden to
demonstrate why an exemption should be granted. An applicant seeking an exemption
under this section on the basis that a permit denial would actually or effectively prohibit
the provision of the telecommunications service to be provided by the wireless
telecommunications facility must demonstrate by clear and convincing evidence-that all
alternative designs and locations are either technically infeasible or not available.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.080. Compliance report.
A. Except for eligible facilities permits, as defined in section 17.73.220, Wwithin
30 days after installation or modification of a WTF, the applicant shall deliver to the
director a written report that demonstrates that its WTF as constructed and normally
operating fully complies with the conditions of the permit, including height
restrictions and applicable safety codes, including structural engineering codes.
The demonstration shall be provided in writing to the director containing all
technical details to demonstrate such compliance and certified as true and accurate
by qualified professional engineers, or, in the case of height or size restrictions, by
qualified surveyors. This report shall be prepared by the applicant and reviewed by
the city at the sole expense of the applicant, which shall promptly reimburse the city
for its review expenses. The director may require additional proofs of compliance as
part of the application process and on an ongoing basis to the extent the city may
do so consistent with federal law.
B. If the initial report required by this section shows that the WTF does not so comply,
the permit shall be deemed suspended, and all rights thereunder of no force and
effect, until the applicant demonstrates to the city's satisfaction that the WTF is
compliant. Applicant shall promptly reimburse the city for its compliance review
expenses.
C. If the initial report required by this section is not submitted within the time required,
the city may, but is not required to, undertake such investigations as are necessary
to prepare the report described in subsection A of this section. Applicant shall within
five days after receiving written notice from the city that the city is undertaking the
review, deposit such additional funds with the city to cover the estimated cost of the
city obtaining the report. Once said report is obtained by the city, the city shall then
timely refund any unexpended portion of the applicant's deposit. The report shall be
provided to the applicant. If the report shows that the applicant is noncompliant, the
city may suspend the permit until the applicant demonstrates to the city's
satisfaction that the WTF is compliant. During the suspension period, the applicant
shall be allowed to activate the WTF for short periods, not to exceed 120 minutes
during any 24-hour period, for the purpose of testing and adjusting the site to come
into compliance.
D. If the WTF is not brought into compliance promptly, the city may revoke the permit
and require removal of the WTF.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.090. Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and
related accessory equipment, must be maintained in a neat and clean manner and in
accordance with all approved plans and conditions of approval.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.100. Amortization of nonconforming facilities.
A. Any nonconforming facility in existence at the time this chapter becomes effective
must be brought into conformance with this chapter in accordance with the
amortization schedule in this section. As used in this section, the "fair market value"
will be the construction costs listed on the building permit application for the subject
facility and the "minimum years" allowed will be measured from the date on which
this chapter becomes effective.
Fair Market Value on Effective Date Minimum Years Allowed
Less than $50,000.00 5
$50,000.00 to $500,000.00 10
Greater than $500,000.00 15
B. The director may grant a written extension to a date certain not greater than one
year when the facility owner shows (1) a good faith effort to cure nonconformance,
and (2) extreme economic hardship would result from strict compliance with the
amortization schedule. Any extension must be the minimum time period necessary
to avoid such extreme economic hardship. The director must not grant any
permanent exemption from this section.
C. Nothing in this section is intended to limit any permit term to less than ten years. In
the event that the amortization required in this section would reduce the permit term
to less than ten years for any permit granted on or after December 1, 2023, then
the minimum years allowed will be automatically extended by the difference
between ten years and the number of years,since the city granted such permit.
Nothing in this section is intended or may be applied to prohibit any collocation or
modification covered under Section 6409 pursuant to Section 17.73.220 on the
basis that the subject wireless telecommunications facility is, a legal nonconforming
facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.110. Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration
may be extended for an additional ten-year term upon the following conditions:
A. Every application for an extension shall be:
1. Made on the extension application form provided by the city; and
2. Accompanied by a fee in an amount as established by resolution of the
city council.
B. The extension application shall be developed and revised from time to time at
the director's discretion. The extension application shall at a minimum require
the following:
1. The identification of the wireless site requested to be extended; and
2. A true and complete copy of all city-issued permits for the site including
any collocations at the site.
C. The extension application shall be approved by the director only upon the
following mandatory showings:
1. That the site as it exists at the time the extension application is
tenderedsubmitted is in all respect compliant with all applicable city
permits for the site, including collocations; and
2. If the site as it exists at the time the extension application is
tenderedsubmitted would be approvable consistent with the city's Code in
existence at that time.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.120. Temporary wireless facilities.
A. Temporary wireless facilities, also known as a cell-on-wheels ("COW'), site-on-
wheels ("SOW'), cell-on-light-trucks ("COLT"), or other similarly portable wireless
telecommunications facilities not permanently affixed to the land, may be placed
and operated within the city with a special use permit approved by the director.
B. By placing a temporary wireless facility pursuant to this section the entity or person
placing the temporary wireless facility agrees to and shall defend, indemnify and
hold harmless the city, its agents, officers, officials, employees and volunteers from
any and all damages, liabilities, injuries, losses, costs and expenses and from any
and all claims, demands, lawsuits, writs and other actions or proceedings ("claims")
brought against the city or its agents, officers, officials, employees or volunteers for
any and all claims of any nature related to the installation, use, nonuse, occupancy,
removal, and disposal of the temporary wireless facility.
C. The temporary wireless facility shall prominently display upon it a legible notice
identifying the entity responsible for the placement and operation of the temporary
wireless facility, along with the notice of decision for the special use permit.
D. Any temporary wireless facilities placed pursuant to this section must be removed
prior to or at the expiration of the special use permit. In addition, the temporary
wireless facilities must be removed or relocated within one houry if required for
public safety reasons by law enforcement, fire or public safety officials. In the event
that the temporary wireless facility is not removed or relocated as required in this
section, the city may at its sole election remove and store or remove and dispose of
the temporary wireless facility at the sole cost and risk of the person or entity
placing the temporary wireless facility.
E. Should there be an emergency such that temporary wireless facility is needed
immediately to restore service, any person or entity that places temporary wireless
facilities pursuant to this section must send the director or city manager an email
notice or deliver a written notice by hand within 30 minutes of the placement that
identifies the emergency, impact to service or operations, site location of the
temporary wireless facility and person responsible for its operation. Said notice
shall be followed by a written notice and special use permit application delivered
within 12 hours to the director or city manager via prepaid U.S. mail first overnight
delivery, such as U.S. Postal Express Mail or its equivalent. Should the special use
permit be denied, the temporary wireless facility must be removed immediately.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.130. Revocation.
A. Grounds for revocation. A permit granted under this chapter may be revoked for
noncompliance with any enforceable permit, permit condition or law provision
applicable to the facility.
B. Revocation procedures.
1. When the director finds reason to believe that grounds for permit revocation
exist, the director shall send written notice by certified U.S. mail, return receipt
requested, to the permittee at the permittee's last known address that states
the nature of the noncompliance as grounds for permit revocation. The
permittee shall have a reasonable time from the date of the notice, but no more
than 30 days unless authorized by the director, to cure the noncompliance or
show that no noncompliance ever occurred.
2. If after notice and opportunity to show that no noncompliance ever occurred or
to cure the noncompliance, the permittee fails to cure the noncompliance, the
city council shall conduct a noticed public hearing to determine whether to
revoke the permit for the uncured noncompliance. The permittee shall be
afforded an opportunity to be heard and may speak and submit written
materials to the city council. After the noticed public hearing, the city council
may revoke or suspend the permit when it finds that the permittee had notice of
the noncompliance and an enforceable permit, permit condition or law
applicable to the facility. Written notice of the city council's determination and
the reasons therefor shall be dispatched by certified U.S. mail, return receipt
requested, to the permittee's last known address. Upon revocation, the city
council may take any legally permissible action or combination of actions
necessary to protect public health, safety and welfare.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.140. Decommissioned or abandoned wireless telecommunications facilities.
A. Decommissioned wireless facilities. Any permittee that intends to decommission a
wireless telecommunications facility must send 30-days prior written notice by
certified U.S. mail to the director. The permit will automatically expire 30 days after
the director receives such notice of intent to decommission, unless the permittee
rescinds its notice within the 30-day period.
B. Procedures for abandoned facilities or facilities not kept in operation.
1. To promote the public health, safety and welfare, the director may declare a
facility abandoned when:
a. The permittee notifies the director that it abandoned the use of a facility for
a continuous period of 90 days; or
b. The permittee fails to, respond within 30 days to a written notice sent by
certified U.S. mail, return receipt requested, from the director that states
the basis for the director's belief that the facility has been abandoned for a
continuous period of 90 days; or
c. The permit expires and the permittee has failed to file a timely application
for renewal.
2. After the director declares a facility abandoned, the permittee shall have 90
days from the date of the declaration (or longer time as the director may
approve in writing as reasonably necessary) to':
a. Reactivate the use of the abandoned facility subject to the provisions of
this chapter and all conditions of approval;
b. Transfer its rights to use the facility, subject to the provisions of this
chapter and all conditions of approval, to another person or entity that
immediately commences use of the abandoned facility; or
c. Remove the facility and all improvements installed solely in connection
with the facility, and restore the site to a condition compliant with all
applicable codes consistent with the then-existing surrounding area.
3. If the permittee fails to act as required in subsection (B)(2) of this section within
the prescribed time period, the city council may deem the facility abandoned
and revoke the underlying permit(s) at a noticed public meeting in the same
manner as provided in subsection (B)(2) of this section. Further, the city
council may take any legally permissible action or combination of actions
reasonably necessary to protect the public health, safety and welfare from the
abandoned wireless telecommunications facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.150. Wireless telecommunications facilities removal or relocation.
A. Removal by permittee. The permittee or property owner must completely remove
the wireless telecommunications facility and all related improvements, without cost
or expense to the city, within 90 days after:
1. The permit expires; or
2. The city council properly revokes a permit pursuant to subsection
17.73.130(B); or
3. The permittee decommissions the wireless telecommunications facility; or
4. The city council deems the wireless telecommunications facility abandoned
pursuant to subsection 17.73.140(B); or
5. Within the 90-day period, the permittee or property owner must restore the
former wireless telecommunications facility site area to a condition compliant
with all applicable codes and consistent with and/or compatible with the
surrounding area.
B. Removal by city. The city may, but is not obligated to, remove an abandoned
wireless telecommunications facility, restore the site to a condition compliant with
all applicable codes and consistent with and/compatible with the surrounding area,
and repair any and all damages that occurred in connection with such removal and
restoration work. The city may, but shall not be obligated to, store the removed
wireless telecommunications facility or any part thereof, and may use, sell or
otherwise dispose of it in any manner the city deems appropriate in its sole
discretion. The last-known permittee or its successor-in-interest and the real
property owner shall be jointly liable for all costs incurred by the city in connection
with its removal, restoration, repair and storage, and shall promptly reimburse the
city upon receipt of a written demand, including any interest on the balance owing
at the maximum lawful rate. The city may, but shall not be obligated to, use any
financial security required in connection with the granting of the facility permit to
recover its costs and interest. A lien may be placed on all abandoned personal
property and the real property on which the abandoned wireless
telecommunications facility is located for all costs incurred in connection with any
removal, repair, restoration and storage performed by the city. The city clerk shall
cause such a lien to be recorded with the County of Los Angeles clerk-recorder's
office.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.160. Reserved.
17.73.170. Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every
applicable provision in the Code, this chapter, any permit, any permit condition or any
applicable law or regulation by reason of any failure by the city to timely notice, prompt
or enforce compliance by the applicant or permittee.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.180. Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city
regulation or ordinance adopted prior to the effective date of this chapter, the provisions
in this chapter will control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.190. Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other
regulatory approvals (collectively, the "records") issued in connection with the wireless
facility, which includes without limitation this approval, the approved plans and photo
simulations incorporated into this approval, all conditions associated with this approval
and any ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition or
fails to produce true and complete copies of such records within a reasonable time after
a written request from the city, any ambiguities or uncertainties that would be resolved
through an inspection of the missing records will be construed against the permittee.-
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.200. Severability.
In the event that a court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this section and shall not
affect the validity of the remaining portions of this section. The city hereby declares that
it would have adopted each section, subsection, paragraph, sentence, clause or phrase
in this section irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses or phrases in this section might be declared
unconstitutional, preempted or otherwise invalid.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.210. Wireless telecommunications facilities on private property.
A. Purpose. The following procedures and design standards shall be required for the
installation of wireless telecommunications facilities within private property, except
for eligible facilities requests pursuant to section 17.73.220. These criteria are
intended to guide and facilitate applicants in locating and designing facilities and
accessory equipment in a manner that will be compatible with the purpose, intent,
and goals of this section. It is the intent of the city to use its time, place, and
manner authority to protect and preserve the aesthetics of the city.
B. Permit required.
1. Installation of wireless telecommunications facilities located on private property
will be subject to this chapter.
2. Applicants shall apply for a conditional wireless facility permit or administrative
wireless facility permit for any wireless telecommunications facility that it seeks
to place on private property.
C. Design standards. The following general design guidelines shall be considered for
regulating the location, design, and aesthetics for a wireless telecommunications
facility:
1. Site selection criteria.
a. Preferred locations. When doing so would not conflict with one of the
standards set forth in this subsection or with federal law, wireless
telecommunications facilities shall be located in the most preferred
location as described in this subsection, which range from the most
preferred to the least preferred locations on private property.
i. Location on a new or existing building in a nonresidential zoning
district including institutional and cemetery districts but not open
space districts.
ii. Location on an existing city-owned structure in a nonresidential
zoning district with a facility designed with concealment elements.
iii. Location on a new concealed structure in a nonresidential zoning
district.
iv. Located more than 200 feet of a residential building or residential lot,
excluding out-buildings, unless concealed in or on a nonresidential
building (e.g., churches, temples, etc.).
b. Less preferred locations. To the extent feasible, facilities shall not be
located in the following areas:
i. Environmentally sensitive areas including the Palos Verdes Nature
Preserve and those areas with coastal sage scrub governed by
Chapter 17.41 (coastal sage scrub conservation and management);
ii. Installations that would be in violation of Section 17.02.040, view
preservation and restoration;
iii. On a structure, site or in a zoning district designated as a local, state
or federal historical landmark, or having significant local historical
value as determined by the city council.
c. No new facility may be placed in a less preferred location unless the
applicant demonstrates to the reasonable satisfaction of the planning
commission or director that no more preferred location can feasibly serve
the area the facility is intended to serve; provided, however, that the
planning commission or director may authorize a facility to be established
in a less preferred location if doing so is necessary to prevent substantial
aesthetic impacts.
d. All facilities (including all related accessory cabinet(s)) shall meet the
setback requirements of the underlying zoning district.—a=lin no case
shall any portion of a facility be located in a defined front yard or side yards
unless otherwise approved pursuant to section 17.73.070.
e. In no case shall any part of a facility alter vehicular and/or pedestrian
circulation within a site or impede access to and from a site. In no case
shall a facility alter off-street parking spaces (such that the required
number of parking spaces for a use is decreased) or interfere with the
normal operation of the existing use of the site.
f. All wireless telecommunications facilities shall utilize unmetered
commercial power service, or commercial power metering in the enclosure
required by the utility, or remote power metering in flush-to-grade vaults. If
a commercial power meter is installed and the wireless
telecommunications facility can be converted to unmetered or wireless
power metering, the permittee shall apply for a permit modification to
perform the conversion:
gf. Any freestanding ground-mounted wireless telecommunications facility,
including any related accessory cabinet(s) and structure(s), shall apply
towards the allowable lot coverage for structures/buildings of the
underlying zone.
hg. The antenna height of any wireless telecommunications facility shall not
exceed the height limit of the underlying zoning district or the maximum
permissible height of property upon which the WTF is located. Refer to
section 17.73.030.A for maximum height requirements.
D. General standards.
1. Unless Government Code § 65964, as may be amended, authorizes the city to
issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of this Code it lapses sooner or is revoked. At the
end of ten years from the date of issuance, such permit shall automatically
expire, unless extended pursuant to Section 17.73.110.
2. Wireless telecommunications facilities shall not bear any signs or advertising
devices other than certification, warning, or other required seals or required
signage.
3. No permittee shall unreasonably restrict access to an existing antenna location
if required to collocate by the city, and if feasible to do so.
4. All antennas shall be designed to prevent unauthorized climbing.
E. Visual impacts.
1. Facilities must comply with Section 17.02.040, view preservation and
restoration, unless an exemption is granted pursuant to Section 17.73.070.
2. Facilities shallshould be designed to be as visually unobtrusive as possibles
and should. Facilities shall be sited to avoid or minimize obstruction of views
from adjacent properties.
3. Facilities shall not be of a bright, shiny or glare-reflective finish. Colors and
designs must be integrated and compatible with existing on-site and
surrounding buildings and/or uses in the area. The facility shall be finished in a
color to neutralize it and blend it with, rather than contrast it from, the sky and
site improvements immediately surrounding; provided, that, wherever feasible,
a light color shall be used to meet this requirement, as deemed acceptable by
the director.
4. If feasible, the base station and all wires and cables necessary for the
operation of a facility shallshould be placed underground so that the antenna
is the only portion of the facility that is above ground. If the base station is
located within or on the roof of a building, it may be placed in any location not
visible from surrounding areas outside the building, with any wires and cables
attached to the base station be clipped and screened from public view. The
applicant shall demonstrate to the satisfaction of the planning commission or
director that it is not technically feasible to locate the base station below
ground:
5. Innovative design to minimize visual impact must be used whenever the
screening potential of the site is low. For example, the visual impact of a site
may be mitigated by using existing light standards and telephone poles as
mounting structures, or by constructing screening structures which are
compatible with surrounding architecture.
6. Screening of the facility should take into account the existing improvements on
or adjacent to the site, including landscaping, walls, fences, berms or other
specially designed devices which preclude or minimize the visibility of the
facility and the grade of the site as related to surrounding nearby grades of
properties and public street rights-of-way.
7. Landscaping or other screening shall be placed so that the antenna and any
other aboveground structure is screened from public view. Landscaping or
other screening required by this section shall be maintained by the permittee
and replaced as necessary as determined by the director. All existing
landscaping that has been disturbed by the permittee in the course of
placement or maintenance of the wireless facility shall be restored to its
original condition as existed prior to placement of the wireless facility by the
permittee. Native vegetation shall be preserved to the greatest extent
practicable and incorporated into the landscape plan.
8. Wireless telecommunications facilities shallshould be located where the
existing topography, vegetation, building, or other structures provide the
greatest amount of screening.
9. All building and roof-mounted wireless telecommunications facilities and
antennas shallshould be designed to appear as an integral part of the
structure and shall be located to minimize visual impacts.
F. Undergrounding of accessory equipment. To preserve community aesthetics, a l l
facility accessory equipment, excluding antennas, aboveground vents, to the
greatest extent possible, be required to fully screened if visible from off-site
located underground, flush to the finished grade, shall be fully enclosed, and not
cross property lines. Accessory equipment may include, but is not limited to, the
following: fiber optic nodes, radio remote units or heads, power filters, cables,
cabinets, vaults, junction or power boxes, and gas generators. Wherever possible,
wireless metering shall be used. If wireless metering is not an option, electrical
meter boxes related to wireless telecommunications facilities shall be appropriately
screened, not visible to the general public, and located in less prominent areas on
and private property. Where it can be demonstrated that undergrounding of
accessory equipment is infeasible due to conflict with other utilities, the director
may approve alternative above-grade accessory equipment mounting when
adequately screened from public view. Any approved above-grade accessory
equipment must be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to interfere with or create hazards to pedestrians
or motorists.
G. Soundproofing Noise attenuation measures. Within residential zones, and
properties adjacent to residential zones, soundproofing noise attenuation
measures shall be used to reduce noise to comply with RPVMC section
8.24.060.A.13. caused by the operation of wireless telecommunications facilities
and all accessory equipment to a level which would have no net increase in
ambient noise level:
H. Applications deemed withdrawn. To promote efficient review and timely decisions,
an application will be automatically deemed withdrawn when an applicant fails to
tender a substantive response within 6890 days after the city deems the
application incomplete in a written notice to the applicant. The director may,+gat the
director's discretion grant a written extension for up to an additional 30 days upon
a written request for an extension received prior to the 6890th day. The director
may grant further written extensions only for good cause, which includes
circumstances outside the applicant's reasonable control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.220. Eligible wireless telecommunications facilities.
A. Purpose. The purpose of this section is to adopt reasonable regulations and
procedures, consistent with and subject to federal and California state law, for
compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related
Federal Telecommunications Commission regulations codified in 47 C.F.R. Section
1.610040001-et seq.
1. Section 6409(a) generally requires that state and local governments "may not
deny, and shall approve" requests to collocate, remove or replace a WTF at an
existing tower or base station. FCC regulations interpret the statute and create
procedural rules for local review, which generally preempt subjective land-use
regulations, limit application content requirements and provide the applicant
with a "deemed granted" remedy when the local government fails to approve or
deny the request within 60 days after submittal (accounting for any tolling
periods). Moreover, whereas Section 704 of the Telecommunications Act of
1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only
"personal wireless service facilities" (e.g., cellular telephone towers and
accessory equipment), Section 6409(a) applies to all "wireless" facilities
licensed or authorized by the FCC (e.g., wi-fi, satellite, or microwave
backhaul).
2. The city council finds that the partial overlap between wireless deployments
covered under Section 6409(a) and other wireless deployments, combined with
the different substantive and procedural rules applicable to such deployments,
creates a potential for confusion that harms the public interest in both efficient
wireless telecommunications facilities deployment and deliberately planned
community development in accordance with local values. The city council
further finds that a separate permit application and review process specifically
designed for compliance with Section 6409(a) contained in a section devoted
to Section 6409(a) will best prevent such confusion.
3. Accordingly, the city council adopts this section to reasonably regulate
requests submitted for approval under Section 6409(a) to collocate, remove or
replace WTFs at an existing wireless tower or base station, in a manner that
complies with federal law and protects and promotes the public health, safety
and welfare of the citizens of the city.
B. Prohibition of personal wireless service. This section does not intend to, and shall
not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless
services; (2) unreasonably discriminate among providers of functionally equivalent
personal wireless services; (3) regulate the installation, operation, collocation,
modification or removal of wireless telecommunications facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such
emissions comply with all applicable FCC regulations; (4) prohibit or effectively
prohibit any collocation or modification that the city may not deny under California
or federal law; or (5) allow the city to preempt any applicable California or federal
law.
C. Eligible facility permit. Any request to collocate, replace or remove WTFs at an
existing wireless tower or base station submitted for approval under Section
6409(a) shall require an eligible facility permit subject to the director's approval,
conditional approval or denial under the standards and procedures contained in this
section. However, the applicant may alternatively elect to seek either a conditional
wireless facility permit or an administrative wireless facility permit described
elsewhere in this chapter.
D. Other regulatory approvals required. No collocation or modification approved under
any eligible facility permit may occur unless the applicant also obtains all other
permits or regulatory approvals from other city departments and state or federal
agencies. An applicant may obtain an eligible facility permit concurrently with
permits or other regulatory approvals from other city departments after first
consulting with the director. Furthermore, any eligible facility permit granted under
this section shall remain subject to the lawful conditions and/or requirements
associated with such other permits or regulatory approvals from other city
departments and state or federal agencies.
E. Permit applications Submittal and review procedures.
1. Permit application required. The director may not grant any eligible facility
permit unless the applicant has submitted a complete application.
2. Permit application content. This section governs minimum requirements for
permit application content and procedures for additions and/or modifications to
eligible facility permit applications. The city council directs and authorizes the
director to develop and publish application forms, checklists, informational
handouts and other related materials that describe required materials and
information for a complete application in any publicly stated form. Without
further authorization from the city council, the director may from time-to-time
update and alter the permit application forms, checklists, informational
handouts and other related materials as the director deems necessary or
appropriate to respond to regulatory, technological or other changes. The
materials required under this section are minimum requirements for any eligible
facility permit application the director may develop. The forms and submittal
checklists created by the director must comply with applicable federal
statutes and regulations.
a. Application fee deposit. The applicable permit application fee established
by city council resolution. In the event that the city council has not
established an application fee specific to an eligible facility permit, the
established fee for an administrative wireless facility permit shall be
required.
b. Prior regulatory approvals. Evidence that the applicant holds all current
licenses and registrations from the FCC and any other applicable
regulatory bodies where such license(s) or registration(s) are necessary to
provide wireless services utilizing the proposed wireless
telecommunications facility. For any prior local regulatory approval(s)
associated with the wireless telecommunications facility, the applicant
must submit copies of all such approvals with any corresponding
conditions of approval. Alternatively, a written justification that sets forth
reasons whystatement that prior regulatory approvals were not required
for the wireless telecommunications facility at the time it was constructed
or modified.
c. Site development plans. A fully dimensioned site plan and elevation
drawings prepared and sealed by a California-licensed engineer showing
any existing wireless telecommunications facilities with all existing
accessory equipment and other improvements, the proposed facility with
all proposed transmission equipment and other improvements and the
legal boundaries of the leased or owned area surrounding the proposed
facility and any associated access or utility easements.
d. Specifications. Specifications that show the height, width, depth and
weight for all proposed equipment. For example, dimensioned drawings or
the manufacturer's technical specifications would satisfy this requirement.
e. Photographs and photo simulations. To the extent necessary to
demonstrate compliance with prior concealment conditions,
PRhotographs and photo simulations that show the proposed facility in
context of the site from reasonable line-of-sight locations from public
streets or other affected adjacent viewpoints, together with a map that
shows the photo location of each view angle. At least one photo simulation
must clearly show the impact on the concealment elements of the support
structure, if any, from the proposed modification.
f. RF exposure compliance report. An RF exposure compliance report
prepared and certified by an licensed R engineer acceptable to the city
that certifies that the proposed facility, as well as any collocated facilities,
will comply with applicable federal RF exposure standards and exposure
limits. The RF report must include the actual frequency and power levels
(in watts effective radio power (ERP)) for all existing and proposed
antennas at the site and exhibits that show the location and orientation of
all transmitting antennas and the boundaries of areas with RF exposures
in excess of the uncontrolled/general population limit (as that term is
defined by the FCC) and also occupational limit (as that term is defined
by the FCC). Each such boundary shall be clearly marked and identified
for every transmitting antenna at the project site.
g. Justification analysis. A written statement that explains in plain factual
detail whether and why Section 6409(a) and the related FCC regulations
at 47 C.F.R. Section 1.40001-6100 et seq. require approval for the specific
project. A complete written narrative analysis will state the applicable
standard and all the facts that allow the city to conclude the standard has
been met bare conclusions not factually supported do not constitute a
complete written analysis: The statement shall include a completed
Eligible Facilities checklist provided by the City. As part of this written
statement the applicant must also include (i) whether and why the support
structure qualifies as an existing tower or existing base station; and (ii)
whether and why the proposed collocation or modification does not cause
a substantial change in height, width, excavation, equipment cabinets,
concealment or permit compliance.
h. Noise study. A noise study prepared and certified by an acoustical
engineer licensed by the State of California for the proposed facility and all
associated equipment including all environmental control units, sump
pumps, temporary backup power generators, and permanent backup
power generators demonstrating compliance with the city's noise
regulations. The noise study must also include an analysis of the
manufacturers' specifications for all noise-emitting equipment and a
depiction of the proposed equipment relative to all adjacent property lines.
In lieu of a noise study, the applicant may submit evidence from the
equipment manufacturer that the ambient noise emitted from all the
proposed equipment will not, both individually and cumulatively, exceed
the applicable limits set out in the noise ordinance.
3. Pre-application meeting appointment. Prior to application submittal, applicants
mustmav schedule and attend a voluntary pre-application meeting, either
virtual or in person, with city staff for all eligible facility permit applications.
Such pre-application meeting is intended to streamline the application review
through discussions including, but not limited to, the appropriate project
classification, including whether the project qualifies for an eligible facility
permit; any latent issues in connection with the existing tower or base station;
potential concealment issues (if applicable); coordination with other city
departments responsible for application review; and application completeness
issues. Applicants mustmav submit a written request for an appointment in the
manner prescribed by the director. City staff shall endeavor to provide
applicants with an appointment within five working days after receipt of a
written request.
4. Application submittal appointment. All applications for an eligible facility permit
must be submitted to the city at a pre-scheduled appointment, either virtual or
in person. Applicants may submit up to three WTF site applications per
appointment but may schedule successive appointments for additional
applications whenever feasible by the director. Applicants must submit a
written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five
working days after receipt of a written request.
5. Application resubmittal appointment. The director may require application
resubmittals be tendered to the city at a pre-scheduled appointment, either
virtual or in person. Applicants may resubmit up to three individual WTF site
applications per appointment but may schedule successive appointments for
additional applications whenever feasible for the city. Applicants must submit a
written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five
working days after receipt of a written request.
6. Applications deemed withdrawn. To promote efficient review and timely
decisions, an application will be automatically deemed withdrawn when an
applicant fails to tender a substantive response within 60 days after the city
deems the application incomplete in a written notice to the applicant. The
director may in the director's discretion grant a written extension for up to an
additional 30 days upon a written request for an extension received prior to the
sixtieth day. The director may grant further written extensions only for good
cause, which includes circumstances outside the applicant's reasonable
control:
F. Notice.
1. Notice of application submittal. Within 15 days after an applicant submits an
application for an eligible facility permit, written notice of the application shall
be sent by the city via first-class United States mail to:
a. Applicant or its duly authorized agent;
b. Property owner or its duly authorized agent;
c. All real property owners within 5100 feet from the subject site as shown on
the latest equalized assessment rolls;
d. Any person who has filed a written request with either the city clerk or the
city council; and
e. Any city department that will be expected to review the application.
2. Notice content. The notice required under this section shall include all the
following information:
a. A general explanation of the proposed collocation or modification;
b. The following statement: "This notice is for information purposes only; no
public hearing will be held for this application. Federal law may require
approval for this application. Further, Federal Communications
Commission regulations may deem this application granted by the
operation of law unless the city approves or denies the application, or the
city and applicant reach a mutual tolling agreement"; and
c. A general description, in text or by diagram, of the location of the real
property that is the subject of the application.
G. Approvals Denials without prejudice. Federal regulations dictate the criteria for
approval or denial of approval permit application submitted under Section 6409(a).
The findings for approval and criteria for denial without prejudice are derived from
and shall be interpreted and applied in a manner consistent with such federal
regulations.
1. Findings for approval. The director may approve or conditionally approve an
application for an eligible facility permit only when the director finds all of the
following:
a. The application involves the collocation, removal or replacement of
antennas and accessory equipment on an existing wireless tower or base
station; and
b. The proposed changes would not cause a substantial change.
2. Criteria for a denial without prejudice. The director shall not approve an
application for an eligible facility permit when the director finds that the
proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably
related to public health and safety; or
b. Involves a structure constructed or modified without all approvals required
at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or
d. Does not qualify for mandatory approval under Section 6409(a) for any
lawful reason.
3. All eligible facility permit denials are without prejudice. Any "denial" of an
eligible facility permit application shall be limited to only the applicant request
for approval pursuant to Section 6409(a) and shall be without prejudice to the
applicant. Subject to the application and submittal requirements in this chapter,
the applicant may immediately submit a new permit application for either'a
conditional wireless facility permit, administrative wireless facility permit, or
submit a new and revised eligible facility permit.
4. Conditional approvals. Subject to any applicable limitations in federal or state
law, nothing in this section is intended to limit the city's authority to
conditionally approve an application for an eligible facility permit to protect and
promote the public health, safety and welfare.
H. Standard conditions of approval. Any eligible facility permit approved or deemed
granted by the operation of federal law shall be automatically subject to the
conditions of approval described in this section.
1. Permit duration unchanged. The city's grant or grant by operation of law of an
eligible facility permit constitutes a federally mandated modification to the
underlying permit or approval for the subject tower or base station. The city's
grant or grant by operation of law of an eligible facility permit shall not extend
the term of the underlying wireless facility permit or any city-authorized
extension thereto.
It is strongly recommended that the holders of any underlying wireless
facility permits timely seek extensions of these underlying permits so as
to avoid any interruption in the validity of an associated eligible facility
ermit.
2. Accelerated permit terms due to invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409(a) or any FCC
rule that interprets Section 6409(a) such that federal law would not mandate
approval for any eligible facility permit(s), such permit(s) shall automatically
expire one year from the effective date of the judicial order, unless the decision
would not authorize accelerated termination of previously approved eligible
facility permits. A permittee shall not be required to remove its improvements
approved under the invalidated eligible facility permit when it has submitted an
application for either a conditional wireless facility permit or an administrative
wireless facility permit for those improvements before the one-year period
ends. The director may extend the expiration date on the accelerated permit
upon a written request from the permittee that shows good cause for an
extension.
3. No waiver of standing. The city's grant or grant by operation of law of an
eligible facility permit does not waive, and shall not be construed to waive, any
standing by the city to challenge Section 6409(a), any FCC rules that interpret
Section 6409(a) or any eligible facility permit.
4. Compliance with all applicable laws. The permittee shall maintain compliance
at all times with all federal, state and local laws, statutes, regulations, orders or
other rules that carry the force of law ("laws") applicable to the permittee, the
subject site, the facility or any use or activities in connection with the use
authorized in this permit. The permittee expressly acknowledges and agrees
that this obligation is intended to be broadly construed and that no other
specific requirements in these conditions are intended to reduce, relieve or
otherwise lessen the permittee's obligations to maintain compliance with all
laws.
5. Emergencies. The director may enter onto the facility area to inspect the facility
upon reasonable notice to the permittee. The permittee shall cooperate with all
inspections. The city reserves the right to enter or direct its designee to enter
the facility and support, repair, disable or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or
property.
6. Contact information for responsible parties. Permittee shall at all times
maintain accurate contact information for all parties responsible for the facility,
which shall include a phone number, street mailing address and email address
for at least one natural person who is responsible for the facility. All such
contact information for responsible parties shall be provided to the director
upon permit grant, annually thereafter, and permittee's receipt of the director's
written request.
7. Indemnities. The permittee and, if applicable, the nongovernment owner of the
private property upon which the tower and/or base station is installed shall
defend, indemnify and hold harmless the city, its agents, officers, officials and
employees (a) from any and all damages, liabilities, injuries, losses, costs and
expenses and from any and all claims, demands, lawsuits, writs of mandamus
and other actions or proceedings brought against the city or its agents, officers,
officials or employees to challenge, attack, seek to modify, set aside, void or
annul the city's approval of the permit, and (b) from any and all damages,
liabilities, injuries, losses, costs and expenses and any and all claims,
demands, lawsuits or causes of action and other actions or proceedings of any
kind or form, whether for personal injury, death or property damage, arising out
of or in connection with the activities or performance of the permittee or, if
applicable, the private property owner or any of each one's agents, employees,
licensees, contractors, subcontractors or independent contractors. The
permittee shall be responsible for costs of determining the source of the
interference, all costs associated with eliminating the interference, and all costs
arising from third party claims against the city attributable to the interference. In
the event the city becomes aware of any such actions or claims the city shall
promptly notify the permittee and the private property owner and shall
reasonably cooperate in the defense. It is expressly agreed that the city shall
have the right to approve, which approval shall not be unreasonably withheld,
the legal counsel providing the city's defense, and the property owner and/or
permittee ('as applicable) shall reimburse the city for any costs and expenses
directly and necessarily incurred by the city in the course of the defense.
8. Adverse impacts on adjacent properties. Permittee shall undertake all
reasonable efforts to avoid undue adverse impacts to adjacent properties
and/or uses that may arise from the construction, operation, maintenance,
modification and removal of the facility. Radio frequency emissions, to the
extent that they comply with all applicable FCC regulations, are not considered
to be adverse impacts to adjacent properties.
9. General maintenance. The site and the facility, including but not limited to all
landscaping, fencing and related transmission accessory equipment, must be
maintained in a neat and clean manner and in accordance with all approved
plans and conditions of approval.
10. Graffiti abatement. Permittee shall remove any graffiti on the wireless
telecommunications facility at permittee's sole expense subject to the
provisions of Chapter 9.28 of the RPVMC (graffiti prevention and removal).
I. Notice of Decision Appeals.
1. Notice of a decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of the decision shall be given
to the applicant, as well as any persons who have requested notice for these
types of permits, pursuant to subsection 17.80.090(E).
2. An interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council pursuant
within 15 days of the director's decision, in accordance with the notice and
appeal procedures set forth into Chapter 17.80 (hearing notice and appeal
procedures) of this title.
3. Fees for an eligible facilities request and for an appeal of a determination
thereon shall be levied as provided for by this Code and established by
resolution of the city council.
4. No decision on any wireless telecommunications facility application shall be
considered final until and unless all appeals have been taken or are time-
barred.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.230. Amateur radio facilities.
A. Noncommercial amateur radio antennas.
1. Applicability. This section regulates noncommercial amateur radio antennas
that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed 16 feet in height, as measured pursuant to the
residential building height measurement methods described in Section
17.02.040, view preservation and restoration, of this title. This subsection does
not regulate hand held antennas or antennas located on vehicles parked on
lots which are 16 feet or less in height, as measured pursuant to the residential
building height measurement methods described in Section 17.02.040, view
preservation and restoration, of this title.
2. General regulations. The installation, erection and/or replacement of
noncommercial amateur radio antenna assemblies on lots for noncommercial
purposes shall be reviewed by the director through either an antenna site plan
review application or by the planning commission through a noncommercial
amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be considered
legal nonconforming: i) legally permitted by the city or the County prior to
City incorporation, and which conform to the codes in effect when
installed, but do not meet the provisions of this Code; and are ii) existing
as of the effective date of this Code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s)
support structure and shall be the maximum to which it is capable of
being extended;
ii. For a ground mounted assembly or one mounted on an accessory
structure, the height shall be measured from the highest point of the
existing grade covered by the foundation of the structure to the
maximum height to which the antenna assembly is capable of being
extended; and
iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of
this section, for an antenna assembly mounted on a main building or
an accessory structure, height shall be measured from existing grade
to the maximum height to which the antenna assembly is capable of
being extended, pursuant to the residential building height
measurement methods described in Section 17.02.040, view
preservation and restoration, of this title.
c. Noncommercial amateur radio antennas shall not be located within any
front yard area, without approval of a variance pursuant to Chapter 17.64
(variances) of this title.
d. The use of antennas for noncommercial purposes shall mean that no
commercial frequency is used for transmission or propagation, that there
is no communication for hire or for material compensation, except as
allowed by Federal Communications Commission (FCC) regulations, and
that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil
derrick style structures and no structures with guy wires shall be used or
constructed, except as provided for in this section.
f. No signage shall be allowed on any noncommercial amateur radio
antenna assembly, except for requisite safety text and other labeling
required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all
city, state and federal laws including Section 17.02.040, view preservation
and restoration.
h. A noncommercial antenna assembly subject to this section shall not be
any closer to the property line than the required minimum side and rear
yard setbacks for the subject lot without written city approval which shall
take into consideration the site-specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to
its minimum size and height when not in use or retracted as required in
any conditions of approval issued by the city.
j. Each noncommercial amateur radio antenna shall be of a color or painted
to minimize its reflectivity and blend with its surroundings as much as
possible.
k. Upon the sale or transfer of the subject property any permit issued under
this section shall not be transferable to any other person including a new
property owner.
3. Antennas exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
antenna site plan review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support structure with
an outside diameter of three inches or less with a similar antenna or
support structure.
b. Parabolic dish antennas which are one meter (39.37 inches) or less in
diameter. This exemption shall not apply to parabolic dishes in excess of
the height limit for the zone upon which the parabolic dish is located
unless the applicant can establish an exemption pursuant to Section
17.73.070. Freestanding masts shall be measured from existing adjacent
grade. Masts located on a building shall be measured from the point
where the mast meets the roof surface.
c. Any combination of two different antenna assemblies from the following
categories:
i. One antenna assembly which is located outside of any required
setback areas and which is 16 feet or less in height, as measured
pursuant to the residential building height measurement methods
described in Section 17.02.040, view preservation and restoration, of
this,title.
ii. One building mounted antenna assembly, located outside of any
required setback areas, which does not exceed 12 feet in height, as
measured from the point where the antenna assembly meets the roof
surface, and which contains radiating elements, each of which does
not exceed six feet in total length. If the antenna assembly is mounted
onto the roof, or if any portion of the antenna assembly projects above
the roofline, not more than one antenna may be affixed to antenna
support structure.
iii. One wire antenna assembly consisting of a single flexible wire, with a
diameter not to exceed one-half inch, suspended between two
supports, which if man-made do not exceed 41 feet in height as
measured from adjacent existing grade, and located outside of any
required setback areas.
iv. One vertical antenna assembly, located outside of any required
setback areas, consisting of a single pole or mast with a maximum
outside diameter of three inches or less with no guys or horizontal
elements located higher than two feet above the ridgeline of the
residence, and which does not exceed 41 feet in total height, as
measured from adjacent existing grade.
4. Antenna site plan review approval.
a. Director review. Director approval of an antenna site plan review
application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this section, and for any other
nonexempt antenna assembly which does not exceed 41 feet in height.
The application may be approved provided the director finds as follows:
i. That adequate provision is made for safety;
ii. That all applicable building code requirements, such as wind load and
seismic design criteria, and development code requirements, such
setbacks, are met;
iii. That no more than one nonexempt antenna support structure will be
located on the lot;
iv. That the placement of the antenna assembly does not significantly
impair a view from any surrounding properties, as defined in Section
17.02.040, view preservation and restoration, of this title; and
v. That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting and texturing and to be compatible
with existing architectural elements, building materials and other site
characteristics. The applicant shall use the smallest and least visible
antennas possible to accomplish the coverage objectives.
b. Application. The antenna site plan review application shall be made upon
forms provided by the city and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna
assembly, and its relation to property lines, topography and all
structures on the property, and two copies of an elevation drawing
showing the proposed height, size, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant to
the California Building Code, three copies of the above plans are
necessary;
ii. A typed mailing list of all property owners within a 500-foot radius to
the subject property, using the last equalized tax roll of the county
assessor and any affected homeowners associations, and a vicinity
map identifying all properties included on the mailing list.
iii. A fee, as established by resolution of the city council.
iv. Documentation demonstrating that the antenna assembly will comply
with all other FCC standards related to radio frequency emissions in
OET Bulletin 65, Supplement B. Said documentation shall state if the
antenna is categorically exempt or demonstrate compliance with the
standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas and installation,
comply with FCC regulation's related to interference and in the event
the interference occurs, the applicant will take all steps necessary to
resolve the same.
vi. The applicant shall, as part of the application, construct at the
applicant's expense, a mock-up of the proposed antenna at the
proposed location. Said mock-up shall be the same size and
dimensions as the proposed antenna. The mock-up shall be
coordinated under the direction of the director or his/her designee.
Once constructed, the silhouette shall be certified by a licensed
engineer on a form provided by the city. In the alternative, the
applicant may submit a photo simulation depicting the proposed
antenna in size, height, and dimensions, as required by the city to
depict the proposed antenna as it would appear from the surrounding
areas, and deemed acceptable by the director.
c. Notice. Upon receipt of a complete antenna site plan review application,
the director shall provide written notice of the application to the applicant,
property owners within a 500-foot radius, any affected homeowners
associations and any interested parties. No sooner than 15 days after the
application notices are mailed, the director shall make a decision on the
application. Notice of the director's decision shall be provided to the
applicant, adjacent property owners, any affected homeowners
associations, and any interested parties. The director's decision may be
appealed to the planning commission and the planning commission's
decision may be appealed to the city council pursuant to Chapter 17.80
(hearing notice and appeal procedures) of this title.
B. Noncommercial amateur radio antenna permit. Except for antenna assemblies
which are exempt pursuant to subsection (C)(3) of this section, antenna assemblies
which exceed 41 feet in height or which involve the placement of more than one
nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the planning commission.
1. Application. Application for a noncommercial amateur radio antenna permit
shall be made on forms provided by the city and shall include such plans and
documents as may reasonably be required by the director,, including submittal
requirements for the antenna site plan review application in subsection (4)(b),
for a complete understanding of the proposal and a filing fee in an amount
established by resolution of the city council.
2. Notice. Upon receipt of a complete application for a noncommercial amateur
radio antenna permit, the director shall provide written notice of the application
to all owners of a property shown on the last known county assessor tax roll
and homeowner associations located within a radius of 500 feet of the external
boundaries of the property where the antenna assembly is proposed.
3. Action by planning commission. In granting a noncommercial amateur radio
antenna permit, the planning commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a
view, as defined in Section 17.02.040, view restoration and preservation,
from a surrounding lot;
b. With respect to an antenna assembly that is used for amateur radio
purposes, the degree to which refusing or conditioning the permit would
interfere with the applicant's ability to receive and/or transmit radio signals
on amateur frequencies. In evaluating this criterion the planning
commission may establish a maximum height for the antenna assembly
that reasonably accommodates the applicant's ability to receive and/or
transmit radio signals on amateur frequencies and appropriately balances
that right with the goals of the city's general plan and development code;
c. That adequate provision is made for safety and that all applicable building
code requirements such as wind load and seismic design criteria, and
development code requirements such as setbacks, are met;
d. That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement, screening,
camouflaging, painting, and texturing and to be compatible with existing
architectural elements, building materials and other site characteristics.
The applicant shall use the smallest and least visible antennas possible to
accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impairment and to
promote the goals of the general plan and development code, such as, but
not limited to:
i. Location restrictions;
ii. Nesting restrictions;
iii. Array size restrictions;
iv. Mass of tower restrictions;
v. Height restrictions;
vi. Elimination of guy wires;
vii. Addition of guy wires, if in the opinion of the planning commission
allowing guy wires would minimize the aesthetic impacts;
viii. Screening or camouflaging requirements, provided said requirements
have not been shown to be cost prohibitive by the applicant, in which
case a less costly alternative shall be imposed; and
ix. Compliance with any or all applicable regulations listed in subsection
17.76.020(C)(2) above.
f. That the following additional findings can be made for approval of more
than one nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on
the existing antenna assembly;
ii. The additional antenna assembly does not significantly impair a view
from surrounding properties; and
iii. The additional antenna assembly balances the effects on the
character of the neighborhood while reasonably accommodating the
radio amateur operator's ability to transmit and receive radio amateur
signals.
4. If the application is granted or conditionally granted, notice of the planning
commission's decision shall be given to the applicant and to all interested
persons. Notice of denial shall be given to the applicant, as well as any
persons who have requested notice for the subject permit, pursuant to
subsection 17.80.090(E). The applicant or any interested person may appeal
the planning commission's decision to the city council pursuant to Chapter
17.80 (hearing notice and appeal procedures) of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long
as all conditions imposed are fully complied with, and the antenna structure is
maintained in good repair.
C. State and federal law. The implementation of this section and decisions on
applications for placement of noncommercial amateur radio antennas shall, at a
minimum, ensure that the requirements of this section are satisfied, unless it is
determined that the applicant has established that denial of an application would,
within the meaning of federal law, prohibit or effectively prohibit use of the
noncommercial amateur radio antenna, or otherwise violate applicable laws or
regulations including but not limited to Government Code § 65850.3 and Section
97.15 of Title 47 of the Code of Federal Regulations. If that determination is made,
the requirements of this section may be waived, but only to the minimum extent
required to avoid the prohibition or violation. If an applicant contends that denial of
the application would prohibit or effectively prohibit the use of the antenna in
violation of federal law, or otherwise violate applicable law, the applicant must
provide all information on which the applicant relies on in support of that claim.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.240. Over-the-air reception devices.
A. Applicability. This section applies to all over-the-air reception devices (OTARD) in
the city. "OTARD antennas" means antennas covered by the "over-the-air reception
devices" rule in Title 47 of the Code of Federal Regulations, Sections 1.4000 et
seq., as may be amended or replaced from time to time.
B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the
following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches
(or one meter) or less in diameter or diagonal measurement.
2. Similar in height to other roof mounted appurtenances (e.g., chimneys) allowed
for by this Code.
3. The antenna will not be installed in violation of Section 17.02.040, view
preservation and restoration.
4. In the event that the antenna has to be installed such that it is readily visible
from the public right-of-way it shall be professionally installed in a location to
ensure minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or
parking space.
6. If required by any law, rule or regulation the antenna shall be licensed with the
FCC.
7. The antenna complies with all FCC radio frequency (RF) exposure limits and
located such that it will minimize exposure to residents.
8. Only three antennas shall be allowed per dwelling unit in residential zoning
districts or on legal nonconforming residential lots unless approved by the city
pursuant to an OTARD permit.
9. Professional installation shall be required for all transmitting antennas to
ensure safety to residents.
C. O TA RD permit.
1. All OTARD permits shall be processed and reviewed consistent with consistent
with the provisions detailed in Chapter 17.73 for a conditional wireless facility
permit including the application contents detailed at Section 17.73.040 and
shall be reviewed by the planning commission at a noticed public hearing. An
interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council pursuant
to Chapter 17.80 (hearing notice and appeal procedures) of this title.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance with
all applicable provisions of this section.
b. The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive means
possible, and has shown that all alternative locations and designs
identified by the city were technically infeasible or not reasonably
available.
c. The appropriate exemptions have been approved by the director and not
appealed. If appealed, the director's decision has been upheld.
D. State and federal law.
1. The implementation of this section and decisions on applications for placement
of OTARDs shall, at a minimum, ensure that the requirements of this section
are satisfied, unless it is determined by the director that an exemption is
necessary because the applicant has established that denial of an application
would violate federal or state law including but not limited to Code of Federal
Regulations at Title 47, Section 1.40000 et seq., including precluding use of
the antenna by impacting the reception or transmission of an acceptable
quality signal.
2. If an applicant contends that denial of the application would violate state or
federal law, the applicant must provide all information and studies upon which
the applicant relies on in support of that claim for the director's review and
consideration. No such exemption shall be granted unless the applicant
demonstrates with clear and convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
b. The applicant has demonstrated that strict compliance with any provision
in this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed OTARD(s)
including full-color signal propagation maps with objective units of signal
strength measurement demonstrating coverage which would be
accomplished with the requested exemption(s) and why this coverage is
necessary, as compared to an installation without the requested
exemption(s).
d. The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s), suggested by the city or otherwise, are not technically
feasible or reasonably available. In addition, the applicant has provided
the city with a meaningful comparative analysis that includes the factual
reasons why the proposed location and design which deviates from the
requirements of this chapter is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable objectives.
3. If the director approves an exemption to the requirements of this chapter, said
exemption shall be limited only to the minimum extent required to avoid a
potential violation of state or federal law. Notice of such decision shall be given
to the applicant, to all owners of property adjacent to the subject property. as
well as any persons who have requested notice for the subject permits,
pursuant to subsection 17.80.090(E). Any interested person may appeal the
director's decision to the planning commission and the planning commission
decision to the city council pursuant to Chapter 17.80 (hearing notice and
appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached clean copy.
i
P.C. Resolution No. 2026-06
Page 8 of 8
Exhibit "A"
CLEAN COPY
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.73.010. - Purpose.
17.73.020. - Definitions.
17.73.030. - Standards generally applicable to all wireless telecommunications facilities.
17.73.040. - Application content.
17.73.050. - Independent consultant review.
17.73.060. - Collocation and modification standards.
17.73.070. - Exemptions to prevent an effective prohibition.
17.73.080. - Compliance report.
17.73.090. - Maintenance.
17.73.100. - Amortization of nonconforming facilities.
17.73.110. - Permit extensions.
17.73.120. - Temporary wireless facilities.
17.73.130. - Revocation.
17.73.140. - Decommissioned or abandoned wireless telecommunications facilities.
17.73.150. - Wireless telecommunications facilities removal or relocation.
17.73.160. - Reserved.
17.73.170. - Compliance obligations.
17.73.180. - Conflicts with prior ordinances.
17.73.190. - Duty to retain records.
17.73.200. - Severability.
17.73.210. - Wireless telecommunications facilities on private property.
17.73.220. - Eligible wireless telecommunications facilities.
17.73.230. - Amateur radio facilities.
17.73.240. - Over-the-air reception devices.
17.73.010. Purpose.
A. The purpose of this chapter is to reasonably regulate, to the extent permitted under
California and federal law, the installations, operations, collocations, modifications,
replacements and removals of various wireless telecommunications facilities
("WTFs") on private property in the city recognizing the benefits of wireless
telecommunications while reasonably respecting other important city needs,
including the protection of public health, safety, and welfare, aesthetics and local
values.
B. The overarching intent of this chapter is to make wireless telecommunications
reasonably available while protecting scenic views and preserving the semi-rural
character and aesthetics of the city. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design,
siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations where
other such facilities already exist; and
3. Encouraging the installation of such facilities where and in a manner such that
potential adverse aesthetic impacts to the community are minimized.
C. To allow the city to better preserve its semi-rural and unique character, it is the
intent to limit the duration of WTF permits, in most cases, to terms of ten years, and
to reevaluate existing WTFs at the end of each term for purposes of further
minimizing aesthetic impacts on the community.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications
services; or
2. Unreasonably discriminate among providers of functionally equivalent wireless
telecommunications services; or
3. Regulate the placement, construction or modification of WTFs on the basis of
the environmental effects of radio frequency ("RF") emissions where it is
demonstrated that the WTF does or will comply with the applicable FCC
regulations; or
4. Prohibit or effectively prohibit collocations or modifications that the city must
approve under state or federal law.
E. The provisions in this chapter shall apply to all permit applications to install, operate
or change, including, without limitation, to collocate, modify, replace or remove, any
new or existing wireless tower or base station within the city.
F. Nothing in this chapter is intended to allow the city to preempt any state or federal
law or regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, any obligations
a WTF permit holder may have under any franchises, licenses, or other permits
issued by the city.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.020. Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be
defined as defined at Section 12.18.020, wireless telecommunication facilities in the
public right-of-way. In addition, the following definitions shall apply to this chapter:
Antenna means that specific device for transmitting and/or receiving radio
frequency or other signals for purposes of wireless telecommunications services.
"Antenna" is specific to the antenna portion of a wireless telecommunications facility
Antenna height means the distance from the grade of the property at the base of
the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior
base of the building to the highest point of the antenna and it associated support
structure when fully extended.
City-owned structure without limitation means any pole, building, facility,
transportation or traffic sign or other structure owned by the city.
"Collocation" is defined by the FCC in 47 C.F.R. § 1.6100(b)(2) as "[t]he mounting
or installation of transmission equipment on an eligible support structure for the purpose
of transmitting and/or receiving radio frequency signals for communications purposes.",
or as may be amended.
Concealed or concealment means camouflaging techniques that integrate the
•
antennas and accessory equipment into the surrounding natural and/or built
environment such that the average, untrained observer cannot directly view the
equipment but would likely recognize the existence of the wireless facility or
concealment technique. Camouflaging concealment techniques include, but are not
limited to:
(1) Facade or rooftop mounted pop-out screen boxes;
(2) Equipment cabinets painted or wrapped to match the background; and
(3) Antennas mounted within a radome on a utility pole;
(4) An isolated or standalone faux tree.
CPUC means the California Public Utilities Commission or its successor agency.
Director means the community development director or their designee.
Eligible facility permit or EFP means a permit for an eligible facilities request that
meets the criteria found in Section 17.73.220.
Mock-up means ra temporary, full-sized, structural model built to scale chiefly for
study, testing, or displaying a wireless telecommunications facility. It is nonfunctional
and has no power source.
Nonresidential zone means any zoning district other than the RS, single-family
residential zone, or RM, multifamily residential zone.
OTARD antenna means antennas covered by the "over-the-air reception devices"
rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
Private property means any property owned by a private individual or entity,
including government owned property such as any property owned in fee by the city or
dedicated for public use (i.e., parks).
Screening means the effect of locating an antenna behind a building, wall, facade,
fence, landscaping, berm, and/or other specially designed device, utilizing materials that
match the surrounding site, so that view of the antenna from adjoining and nearby
public street rights-of-way and private properties is eliminated or minimized.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as
may be amended, which provides that "[fjor towers other than towers in the public
rights-of-way, the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site, and, for other
eligible support structures, further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground."
Unconcealed means a wireless telecommunications facility that is not a concealed
facility and has no or effectively no camouflage techniques (such as those described in
the definition of"Concealed or concealment") applied such that the wireless
telecommunications facility and/or accessory equipment is plainly obvious to the
observer.
Wireless facilities provider means an entity utilized by a wireless service provider to
construct and/or operate the wireless service provider's wireless facility.
Wireless facility permit, administrative or AWFP means any new facility or
collocation or modification to an existing facility that is concealed in a nonresidential
zone and integrated into the facade and design of an existing structure or building. If on
an existing utility pole in a nonresidential zone, the facility must be integrated into the
pole, well designed, and does not substantially change the appearance of the pole as
determined by the director.
Wireless facility permit, conditional or CWFP means any new facility, collocation, or
modification to an existing facility on private property that is unconcealed, located in a
less preferred location, unconcealed in a preferred location, or does not meet the
criteria for either an administrative wireless facility permit or an eligible facility permit.
Wireless service provider means the FCC licensed or authorized entity actually
offering wireless services to the public.
WTF means wireless telecommunications facility as defined by Section 12.18.020.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.030. Standards generally applicable to all wireless telecommunications
facilities.
A. Height restrictions.
1. A concealed or unconcealed tower or antenna of any wireless
telecommunications facility shall comply with the following height limits, unless
otherwise approved pursuant to Section 17.73.070.
a. If mounted on an existing building facade, up to the highest point of the
building which can be a main roof ridge or top of parapet, but not a roof-
mounted structures such as an elevator penthouse.
b. If mounted on top of the roof of an existing building, height approval shall be
subject to an Administrative Wireless Facility Permit pursuant to section
17.73.030(E)(2).
c. If not mounted on an existing building facade and/or roof, up to 16 feet in
height, unless the height is otherwise approved pursuant to section
17.73.070 or section 17.73.030(E)(1).
2. The height limitations in subsection (A)(1) of this section are subject to
preemption including pursuant to 47 C.F.R. Section 1.6100.
B. Installation of WTFs. Prior to the installation of a new wireless telecommunications
facility or a modification or collocation to an existing wireless telecommunications
facility that does not constitute an "eligible facilities request" nor qualify for an
eligible facility permit, the owner, or occupant with written permission from the
owner of the lot, premises, parcel of land or building on which a wireless
telecommunications facility is to be located shall first obtain a conditional wireless
facility permit or administrative wireless facility permit from the city pursuant to this
chapter.
C. Installation of eligible facilities. Unless specifically exempt by federal or state law, all
applications for the installation of wireless telecommunications facilities that
constitute "eligible facilities requests" require the approval of an eligible facility
permit as described in Section 17.73.220 prior to construction of such eligible
facility.
D. Exempted facilities. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over-the-air reception devices (OTARD) antennas, up to three on a property;
3. Facilities owned and operated by the city for its use; or
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of
state or federal law, or franchise agreement, are preemptive of the terms of this
chapter, then the terms of this chapter shall be severable to the extent of such
preemption and all remaining regulations shall remain in full force and effect.
Nothing in the exemption shall apply so as to preempt the city's valid exercise
of police powers that do not substantially impair franchise contract rights;
E. Required permits. All proposed facilities and collocations or modifications to
facilities governed under this chapter shall be subject to either a conditional
wireless facility permit or an administrative wireless facility permit from the city,
unless exempted from this chapter as an eligible facility permit under Section
17.73.220.
1. Conditional wireless facility permit.
a. A conditional wireless facility permit is required for any new facility or
collocation or modification to an existing facility located on private property
as follows:
i. All facilities in less preferred locations, as defined in subsection
17.73.210(C)(1)(b);
ii. All unconcealed facilities in preferred locations, as defined in
subsection 17.73.210(C)(1)(a); and
iii. All other facilities that do not meet the criteria for either an
administrative wireless facility permit described herein or an eligible
facility permit described in Section 17.73.220.
b. Approval of a conditional wireless facility permit for a wireless
telecommunications facility shall be subject to the following findings:
i. All standards and regulations contained in Section 17.73.210, and
any amendments or modifications to the facility as approved by
resolution of the planning commission at a noticed public hearing;
ii. No wireless communications facility proposed within 200 feet from
any dwelling lawfully used or approved for a residential use may not
be approved unless the proposed facility meets all of the following
criteria:
(A) All accessory equipment associated with the proposed wireless
communications facility is screened to the satisfaction of the Director.
The Director must determine that all accessory equipment associated
with the proposed wireless communications facility is fully screened
from off-site vantage points;
(B) The proposed wireless communications facility is located a minimum
of 200 feet from any other wireless communications facility, unless
otherwise approved pursuant to Section 17.73.220.
(C) Applicant shall provide justification in terms of coverage and/or
capacity as to why height in excess of the above limits is requested.
c. A wireless telecommunications facility application must include all of the
contents described in Section 17.73.040.
d. All decisions for a wireless telecommunications facility must be in writing
and contain the reasons for approval or denial.
e. All approved or deemed-approved wireless telecommunications facilities
shall be subject to all the conditions imposed by the planning commission.
f. Noticing requirements and appeal provisions shall follow the procedures
described in Chapter 17.80 (hearing notice and appeal procedures).
2. Administrative wireless facility permit.
a. An administrative wireless facility permit is required for any new facility or
collocation or modification to an existing facility as follows:
i. All concealed facilities in a nonresidential zone that are integrated into
the facade and design of an existing building;
ii. All concealed facilities on an existing structure, other than a utility
pole, in a nonresidential zone;
iii. Wireless telecommunication accessory equipment that is incidental to
and part of the provision of a public utility, including electrical power,
gas, and sewerage, in accordance with a franchise agreement with
the city.
b. Approval of an administrative wireless facility permit shall be subject to the
following findings:
i. A wireless telecommunications facility application must include all of
the contents described in Section 17.73.040.
ii. All standards and regulations described in Sections 17.73.050 and
17.73.210, and any amendments or modifications to the facility as
approved by the director.
iii. No concealed wireless telecommunications facility proposed within
200 feet from any dwelling used or approved for a residential use may
be permitted unless the proposed facility meets all of the following
criteria:
(A) All non-antenna accessory equipment associated with the
proposed wireless telecommunications facility is placed
underground or concealed if visible;
(B) No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in
volume;
(C) The cumulative antenna volume on any single pole does not
exceed nine cubic feet; and
(D) For facilities not concealed within a building, the proposed
wireless telecommunications facility must be located a
minimum of 200 feet from any other wireless
telecommunications facility located along the same side of a
street, unless the existing facility is concealed into the facade
or design of a building, and a minimum of 200 feet from any
street intersection.
c. All approved or deemed-approved wireless telecommunications facilities
shall be subject to all the conditions imposed by the director.
d. All decisions for an administrative wireless facility permit must be in writing
and contain the reasons for approval or denial. Notice of said decision
shall be given to the applicant and to all owners of real property adjacent
to subject property. Notice of denial shall be given to the applicant, as well
as any persons who have requested notice for these the subject permit,
pursuant to subsection 17.80.090(E).
e. An interested person may appeal the director's decision to the city council
within 15 days of the director's decision, in accordance with the notice and
appeal procedures set forth into Chapter 17.80 (hearing notice and appeal
procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.040. Application content.
A. The director shall develop and publish, and from time-to-time modify and republish,
an application or applications to be used to apply for permits or extensions thereof.
B. The first step in the process in order for an application to be deemed submitted and
for a shot clock, as described in 47 C.F.R. § 1.6003, to commence, the application
package materials described below must have been submitted. At a minimum,
every application shall include the following information:
1. Legal description. A legal description of the property where the wireless
telecommunications facility is to be installed.
2. Radius map and certified list. A radius map and a certified list of the names
and addresses of all property owners within 500 feet of the exterior boundaries
of the property involved, as shown on the latest assessment roll of the county
assessor. The radius map and certified list may be reduced for AWFP and EFP
applications at the discretion of the director.
3. Plot plan. A plot plan of the lot, premises or parcel of land showing the exact
location of the proposed wireless telecommunications facility (including all
related accessory equipment and cables), exact location and dimensions of all
buildings, parking lots, walkways, trash enclosures, and property lines.
4. Elevations and roof plan. Building elevations and roof plan (for building- and/or
rooftop-mounted facilities) indicating exact location and dimensions of
accessory equipment proposed. For freestanding facilities, indicate
surrounding grades, structures, and landscaping from all sides.
5. Screening. Proposed landscaping and/or nonvegetative screening (including
required safety fencing) plan for all aspects of the facility.
6. Manufacturer's specification. Manufacturer's specifications, which may_include
installation specifications, exact location of cables, wiring, materials, and any
support devices that may be required.
7. Visual impact letter. Except for eligible facilities permits, as defined in Section
17.73.220,yritten documentation demonstrating a good faith effort to locate
the proposed facility in the least intrusive location and concealed and screened
to the greatest extent feasible in accordance with the site selection and visual
impact criteria of Section 17.73.210 and if applicable, the extent to which the
proposed antenna assembly significantly impairs a view, as defined in Section
17.02.040, view preservation and restoration, of the development code.
8. Reasonable efforts to collocate required. Applicants proposing new wireless
telecommunications facilities must demonstrate that reasonable efforts have
been made to locate on existing facilities. The applicant must provide written
documentation of all efforts to collocate the proposed facility on an existing
facility, or antenna mounting structure, including copies of letters or other
correspondence sent to other carriers or tower owners requesting such
location and any responses received. This should include all relevant
information as applicable regarding existing towers or base stations in the
area, topography, signal interference, signal propagation and available land
zoning restrictions.
9. Photographs and visual Photographs and photo simulations. Photographs and
visual simulations shall be submitted to the extent necessary, as determined by
the director, to demonstrate maintenance of existing concealment for eligible
facilities permits. For all other applications, visual simulation shall be
submitted, and can consist of either a physical mock-up of the facility, balloon
simulation, photo simulation, and/or other means acceptable to the director.
a. If photo simulations are submitted, they shall show existing and post-project
conditions, including all visible facility elements such as antennas at
maximum height, equipment cabinets, cabling, support structures,
concealment features, screening, and associated utilities. They shall also
show the proposed facility in context of the site from reasonable line-of-sight
locations from public streets or other adjacent public and private viewing
stations, as well as from nearby affected properties, together with a map that
shows the photo location of each view angle, all as deemed acceptable by
the director.
b. Simulations incorporating landscaping shall generally depict anticipated ten-
year growth.
c. At least one simulation shall clearly illustrate how concealment or
camouflage treatments will appear in practice.
d. Visual simulations shall reflect accurate scale, coloration, configuration, and
placement of all visible elements of the proposed facility.
e. If a balloon test is used, it shall meet the following requirements:
i. Balloon diameter shall be no less than four (4) feet;
ii. Balloon color shall be either red, orange, or yellow;
iii. Balloon shall be anchored to the ground;
iv. The height at which the balloon is flown shall be the same as the
combined height of the tower and its antennas
v. Balloons shall be flown starting either the next business day after the
application is deemed complete for processing (administrative wireless
facility permit), or the next business day after the public notice is
published (conditional wireless facility permit), and at a minimum,
continuously between the hours of 7:00 a.m. and 10:00 a.m. each day it
is required to be flown. The balloon shall be flown for a minimum of two
(2) days. Failure to maintain the balloon as specified above may result in
a delayed decision.
vi. The applicant must notify the director in advance of the planned balloon
test.
vii. The applicant is responsible for securing any FAA approvals, if
required, prior to this demonstration.
viii. An alternate date must be planned for in the event that the weather is
not conducive to a balloon test and if the test must be rescheduled due
to weather conditions or any other reason, the applicant must notify the
director of the cancellation and the rescheduled dates.
10. Coverage Information. A supplemental technical report demonstrating the
necessity of the proposed facility shall be submitted, if required by the city. The
supplemental technical report shall include: (1) RF coverage and/or capacity
analysis identifying any existing gap or network deficiency; (2) proposed
coverage improvements; (3) analysis of all feasible alternative sites and
designs; and (4) certification by a qualified radio-frequency engineer.
Applications lacking this information shall be deemed incomplete.
11. Alternative analysis. Except for eligible facilities permits, if required by the city,
a siting analysis which identifies another feasible location within or outside the
city which could serve the area intended to be served by the facility. The
alternative site analysis should include at least one collocation site, if feasible.
12. Noise study. If requested by the city, a noise study prepared and certified by an
acoustical engineer licensed by the State of California for the proposed facility
and all accessory including all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators
demonstrating compliance with the city's noise regulations (RPVMC section
8.24.060.A.13). The noise study must also include an analysis of the
manufacturers' specifications for all noise-emitting equipment and a depiction
of the proposed accessory equipment relative to all adjacent property lines. In
lieu of a noise study, the applicant may submit evidence from the equipment
manufacturer that the ambient noise emitted from all the proposed accessory
equipment will not, both individually and cumulatively, exceed 65dBA as
measured from the property line of any residential property. Within residential
zones and properties adjacent to residential zones, soundproofing measures
shall be used to reduce noise caused by the operation of a wireless
telecommunications facility and all accessory equipment to no more than
65dBA, as measured from the property line of any residential property.
13. Certificate of public convenience and necessity. Certification that applicant is a
telephone corporation or a statement providing the basis for its claimed right to
install WTFs in the city. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the California Public Utilities Commission, it
shall provide a true and complete copy of its CPCN.
14. Deleted.
15. RF exposure compliance report. An RF exposure compliance report prepared
and certified by a licensed RF engineer that certifies that the proposed facility,
as well as any collocated facilities, will comply with applicable federal RF
exposure standards and exposure limits. The RF report must include the actual
frequency and power levels (in watts effective radio power (ERP)) for all
existing and proposed antennas at the site and exhibits that show the location
and orientation of all transmitting antennas and the boundaries of areas with
RF exposures in excess of the uncontrolled/general population limit. Each such
boundary shall be clearly marked and identified for every transmitting antenna
at the project site.
16. Written authorization from property owner required. Unless previously
authorized by the private property owner, every applicant applying for
authorization to construct, modify, or remove a wireless telecommunications
facility located on private property must include with its application a written
authorization signed by the owner of the property.
17. Other information. Except for eligible facilities permits, as described in section
17.73.220, any other information as deemed necessary by the city in order to
consider an application for a wireless telecommunications facility.
18. Fees. The application shall be accompanied by the appropriate fee in an
amount as established by resolution of the city council. Pursuant to section
17.86.080, if a permit issued under Chapter 17.73 expires before an extension
application is submitted, the required fees shall be doubled.
19. Community meeting. Though voluntary, the applicant, at its election, for which
such review is being sought, is strongly encouraged to hold a community
meeting by taking one or more of the following actions:
a. Send written notice to both the owner(s) of real property, as shown on the
latest equalized assessment roll, within 100 feet of the proposed wireless
telecommunications facility and the city planning department, of the
pendency of the filing of such an application, including with such notice
copies of preliminary drawings of the proposed project at a scale no
smaller than one inch equals 16 feet.
b. Hold an in-person or virtual community meeting before the date of the
planning commission meeting at which the application will be heard, and
invite the persons who receive notice pursuant to subsection (B)(1 9)(a) of
this section to attend such meeting to discuss the proposed application.
The community meeting shall be held on a nonholiday weekend or during
daylight hours and before 9:00 a.m. or after 5:00 p.m. on a weekday. The
meeting may be held at the subject site; provided, however, that if the
occupancy of the subject site by a tenant or physical conditions at the
subject site make it unsafe or infeasible to provide a table and chairs at
the subject site, the meeting may be held at another location within the city
or virtually. The applicant may consider presenting the primary location
and all alternative sites shall be presented to the community as well as the
reasons for the selection of the primary location. Notice of the date, time
and place of such meeting may be sent at least seven days before the
meeting and shall be filed with the planning department.
c. If the hearing on the application is continued by the planning commission,
the applicant is encouraged, but not required, to hold a further meeting
with the persons entitled to notice pursuant to (a) of this subsection at
least one week prior to the continued hearing.
d. If a meeting pursuant to subsection (B)(19)(b) of this section results in any
modifications to the project prior to the planning commission hearing on
the project, the applicant may (1) notify the director of the proposed
modifications, and (2) explain to the planning commission at the hearing
on the matter any discrepancy between the project as proposed in any
notice sent pursuant to subsection (B)(19)(a) of this section and the
project as presented to the planning commission.
e. A community meeting may be required at the discretion of the director for
an application for an administrative wireless facility permit or an eligible
facility permit.
20. Coverage maps which adequately identify the existing and proposed coverage.
Colors should be red=poor, yellow=fair, and green=good. Identify major streets
and landmarks. Include a legend and identify existing and approved facilities by
site name.
21. A typed mailing list of all property owners within a 500-foot radius or 100-foot
(EFRs) radius of the subject property as measured from property lines, using
the last equalized tax roll of the county assessor and any affected homeowners
associations, and a vicinity map identifying all properties included on the
mailing list.
C. Appeals. No decision on any wireless telecommunications facility application shall
be considered final until and unless all appeals have been taken or are time-barred.
D. Effect of state or federal law change. In the event state or federal law prohibits the
collection of any information described herein, the director is authorized to omit,
modify or add to that request from the city's application form.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.050. Independent consultant review.
A. Authorization. The city council authorizes the director to, in his or her discretion,
select and retain an independent consultant with expertise in telecommunications
satisfactory to the director in connection with any permit application.
B. Scope. The director may require the independent consultant to review and
comment on any issue that involves specialized or expert knowledge in connection
with the application. Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
2. Planned compliance with applicable federal RF exposure standards;
3. Whether and where a significant gap exists or may exist, and whether such a
gap relates to service coverage or service capacity;
4. Whether technically feasible and potentially available alternative locations and
designs exist;
5. The applicability, reliability and sufficiency of analyses or methodologies used
by the applicant to reach conclusions about any issue that requires expert or
specialized knowledge; and
6. Any other application issue or element that requires expert or specialized
knowledge.
C. Deposit. The applicant must pay for the cost of any review required under
subsection (B) of this section and for the technical consultant's testimony in any
hearing as requested by the director and must provide a reasonable advance
deposit of the estimated cost of such review with the city prior to the
commencement of any work by the technical consultant. The applicant must
provide an additional advance deposit to cover the consultant's testimony and
expenses at any meeting where that testimony is requested by the director. Where
the advance deposit(s) are insufficient to pay for the cost of such review and/or
testimony, the director shall invoice the applicant who shall pay the invoice in full
within ten calendar days after receipt of the invoice. No permit shall issue to an
applicant where that applicant has not timely paid a required fee, provided any
required deposit or paid any invoice as required in the code.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.060. Collocation and modification standards.
The modification or collocation of wireless facilities, not subject to the provisions of
Section 17.73.220, shall be denied if any of the following will occur:
A. The proposed collocation or modification involves excavation outside the
current boundaries of the leased or owned property surrounding the wireless
tower, including any access or utility easements currently related to the site;
B. The proposed collocation or modification would defeat or diminish the existing
concealment elements of the support structure as determined by the director;
C. The proposed collocation or modification violates any section of this Chapter,
or any prior condition of approval for the site;
D. If the site is not presently concealed, the proposed collocation or modification
does not provide for camouflage.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.070. Exemptions to prevent an effective prohibition.
All requests granted under this section are subject to review and consideration by
the planning commission. The applicant always bears the burden to demonstrate why
an exemption should be granted. An applicant seeking an exemption under this section
on the basis that a permit denial would actually or effectively prohibit the provision of the
telecommunications service to be provided by the wireless telecommunications facility
must demonstrate that all alternative designs and locations are either technically
infeasible or not available.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.080. Compliance report.
A. Except for eligible facilities permits, as defined in section 17.73.220, within 30 days
after installation or modification of a WTF, the applicant shall deliver to the director
a written report that demonstrates that its WTF as constructed and normally
operating fully complies with the conditions of the permit, including height
restrictions and applicable safety codes, including structural engineering codes.
The demonstration shall be provided in writing to the director containing all
technical details to demonstrate such compliance and certified as true and accurate
by qualified professional engineers, or, in the case of height or size restrictions, by
qualified surveyors. This report shall be prepared by the applicant and reviewed by
the city at the sole expense of the applicant, which shall promptly reimburse the city
for its review expenses. The director may require additional proofs of compliance as
part of the application process and on an ongoing basis to the extent the city may
do so consistent with federal law.
B. If the initial report required by this section shows that the WTF does not so comply,
the permit shall be deemed suspended, and all rights thereunder of no force and
effect, until the applicant demonstrates to the city's satisfaction that the WTF is
compliant. Applicant shall promptly reimburse the city for its compliance review
expenses.
C. If the initial report required by this section is not submitted within the time required,
the city may, but is not required to, undertake such investigations as are necessary
to prepare the report described in subsection A of this section. Applicant shall within
five days after receiving written notice from the city that the city is undertaking the
review, deposit such additional funds with the city to cover the estimated cost of the
city obtaining the report. Once said report is obtained by the city, the city shall then
timely refund any unexpended portion of the applicant's deposit. The report shall be
provided to the applicant. If the report shows that the applicant is noncompliant, the
city may suspend the permit until the applicant demonstrates to the city's
satisfaction that the WTF is compliant. During the suspension period, the applicant
shall be allowed to activate the WTF for short periods, not to exceed 120 minutes
during any 24-hour period, for the purpose of testing and adjusting the site to come
into compliance.
D. If the WTF is not brought into compliance promptly, the city may revoke the permit
and require removal of the WTF.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.090. Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and
related accessory equipment, must be maintained in a neat and clean manner and in
accordance with all approved plans and conditions of approval.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.100. Amortization of nonconforming facilities.
A. Any nonconforming facility in existence at the time this chapter becomes effective
must be brought into conformance with this chapter in accordance with the
amortization schedule in this section. As used in this section, the "fair market value"
will be the construction costs listed on the building permit application for the subject
facility and the "minimum years" allowed will be measured from the date on which
this chapter becomes effective.
Fair Market Value on Effective Date Minimum Years Allowed
Less than $50,000.00 5
$50,000.00 to $500,000.00 10
Greater than $500,000.00 15
B. The director may grant a written extension to a date certain not greater than one
year when the facility owner shows (1) a good faith effort to cure nonconformance,
and (2) extreme economic hardship would result from strict compliance with the
amortization schedule. Any extension must be the minimum time period necessary
to avoid such extreme economic hardship. The director must not grant any
permanent exemption from this section.
C. Nothing in this section is intended to limit any permit term to less than ten years. In
the event that the amortization required in this section would reduce the permit term
to less than ten years for any permit granted on or after December 1, 2023, then
the minimum years allowed will be automatically extended by the difference
between ten years and the number of years since the city granted such permit.
Nothing in this section is intended or may be applied to prohibit any collocation or
modification covered under Section 6409 pursuant to Section 17.73.220 on the
basis that the subject wireless telecommunications facility is a legal nonconforming
facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.110. Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration
may be extended for an additional ten-year term upon the following conditions:
A. Every application for an extension shall be:
1. Made on the extension application form provided by the city; and
2. Accompanied by a fee in an amount as established by resolution of the
city council.
B. The extension application shall be developed and revised from time to time at
the director's discretion. The extension application shall at a minimum require
the following:
1. The identification of the wireless site requested to be extended; and
2. A true and complete copy of all city-issued permits for the site including
any collocations at the site.
C. The extension application shall be approved by the director only upon the
following mandatory showings:
1. That the site as it exists at the time the extension application is submitted
is in all respect compliant with all applicable city permits for the site,
including collocations; and
2. If the site as it exists at the time the extension application is submitted
would be approvable consistent with the city's Code in existence at that
time.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.120. Temporary wireless facilities.
A. Temporary wireless facilities, also known as a cell-on-wheels ("COW'), site-on-
wheels ("SOW'), cell-on-light-trucks ("COLT"), or other similarly portable wireless
telecommunications facilities not permanently affixed to the land, may be placed
and operated within the city with a special use permit approved by the director.
B. By placing a temporary wireless facility pursuant to this section the entity or person
placing the temporary wireless facility agrees to and shall defend, indemnify and
hold harmless the city, its agents, officers, officials, employees and volunteers from
any and all damages, liabilities, injuries, losses, costs and expenses and from any
and all claims, demands, lawsuits, writs and other actions or proceedings ("claims")
brought against the city or its agents, officers, officials, employees or volunteers for
any and all claims of any nature related to the installation, use, nonuse, occupancy,
removal, and disposal of the temporary wireless facility.
C. The temporary wireless facility shall prominently display upon it a legible notice
identifying the entity responsible for the placement and operation of the temporary
wireless facility, along with the notice of decision for the special use permit.
D. Any temporary wireless facilities placed pursuant to this section must be removed
prior to or at the expiration of the special use permit. In addition, the temporary
wireless facilities must be removed or relocated within one day if required for public
safety reasons by law enforcement, fire or public safety officials. In the event that
the temporary wireless facility is not removed or relocated as required in this
section, the city may at its sole election remove and store or remove and dispose of
the temporary wireless facility at the sole cost and risk of the person or entity
placing the temporary wireless facility.
E. Should there be an emergency such that temporary wireless facility is needed
immediately to restore service, any person or entity that places temporary wireless
facilities pursuant to this section must send the director or city manager an email
notice or deliver a written notice by hand within 30 minutes of the placement that
identifies the emergency, impact to service or operations, site location of the
temporary wireless facility and person responsible for its operation. Said notice
shall be followed by a written notice and special use permit application delivered
within 12 hours to the director or city manager via prepaid U.S. mail first overnight
delivery, such as U.S. Postal Express Mail or its equivalent. Should the special use
permit be denied, the temporary wireless facility must be removed immediately.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.130. Revocation.
A. Grounds for revocation. A permit granted under this chapter may be revoked for
noncompliance with any enforceable permit, permit condition or law provision
applicable to the facility.
B. Revocation procedures.
1. When the director finds reason to believe that grounds for permit revocation
exist, the director shall send written notice by certified U.S. mail, return receipt
requested, to the permittee at the permittee's last known address that states
the nature of the noncompliance as grounds for permit revocation. The
permittee shall have a reasonable time from the date of the notice, but no more
than 30 days unless authorized by the director, to cure the noncompliance or
show that no noncompliance ever occurred.
2. If after notice and opportunity to show that no noncompliance ever occurred or
to cure the noncompliance, the permittee fails to cure the noncompliance, the
city council shall conduct a noticed public hearing to determine whether to
revoke the permit for the uncured noncompliance. The permittee shall be
afforded an opportunity to be heard and may speak and submit written
materials to the city council. After the noticed public hearing, the city council
may revoke or suspend the permit when it finds that the permittee had notice of
the noncompliance and an enforceable permit, permit condition or law
applicable to the facility. Written notice of the city council's determination and
the reasons therefor shall be dispatched by certified U.S. mail, return receipt
requested, to the permittee's last known address. Upon revocation, the city
council may take any legally permissible action or combination of actions
necessary to protect public health, safety and welfare.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.140. Decommissioned or abandoned wireless telecommunications facilities.
A. Decommissioned wireless facilities. Any permittee that intends to decommission a
wireless telecommunications facility must send 30-days prior written notice by
certified U.S. mail to the director. The permit will automatically expire 30 days after
the director receives such notice of intent to decommission, unless the permittee
rescinds its notice within the 30-day period.
B. Procedures for abandoned facilities or facilities not kept in operation.
1. To promote the public health, safety and welfare, the director may declare a
facility abandoned when:
a. The permittee notifies the director that it abandoned the use of a facility for
a continuous period of 90 days; or
b. The permittee fails to respond within 30 days to a written notice sent by
certified U.S. mail, return receipt requested, from the director that states
the basis for the director's belief that the facility has been abandoned for a
continuous period of 90 days; or
c. The permit expires and the permittee has failed to file a timely application
for renewal.
2. After the director declares a facility abandoned, the permittee shall have 90
days from the date of the declaration (or longer time as the director may
approve in writing as reasonably necessary) to:
a. Reactivate the use of the abandoned facility subject to the provisions of
this chapter and all conditions of approval;
b. Transfer its rights to use the facility, subject to the provisions of this
chapter and all conditions of approval, to another person or entity that
immediately commences use of the abandoned facility; or
c. Remove the facility and all improvements installed solely in connection
with the facility, and restore the site to a condition compliant with all
applicable codes consistent with the then-existing surrounding area.
3. If the permittee fails to act as required in subsection (B)(2) of this section within
the prescribed time period, the city council may deem the facility abandoned
and revoke the underlying permit(s) at a noticed public meeting in the same
manner as provided in subsection (B)(2) of this section. Further, the city
council may take any legally permissible action or combination of actions
reasonably necessary to protect the public health, safety and welfare from the
abandoned wireless telecommunications facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.150. Wireless telecommunications facilities removal or relocation.
A. Removal by permittee. The permittee or property owner must completely remove
the wireless telecommunications facility and all related improvements, without cost
or expense to the city, within 90 days after:
1. The permit expires; or
2. The city council properly revokes a permit pursuant to subsection
17.73.130(B); or
3. The permittee decommissions the wireless telecommunications facility; or
4. The city council deems the wireless telecommunications facility abandoned
pursuant to subsection 17.73.140(B); or
5. Within the 90-day period, the permittee or property owner must restore the
former wireless telecommunications facility site area to a condition compliant
with all applicable codes and consistent with and/or compatible with the
surrounding area.
B. Removal by city. The city may, but is not obligated to, remove an abandoned
wireless telecommunications facility, restore the site to a condition compliant with
all applicable,codes and consistent with and/compatible with the surrounding area,
and repair any and all damages that occurred in connection with such removal and
restoration work. The city may, but shall not be obligated to, store the removed
wireless telecommunications facility or any part thereof, and may use, sell or
otherwise dispose of it in any manner the city deems appropriate in its sole
discretion. The last-known permittee or its successor-in-interest and the real
property owner shall be jointly liable for all costs incurred by the city in connection
with its removal, restoration, repair and storage, and shall promptly reimburse the
city upon receipt of a written demand, including any interest on the balance owing
at the maximum lawful rate. The city may, but shall not be obligated to, use any
financial security required in connection with the granting of the facility permit to
recover its costs and interest. A lien may be placed on all abandoned personal
property and the real property on which the abandoned wireless
telecommunications facility is located for all costs incurred in connection with any
removal, repair, restoration and storage performed by the city. The city clerk shall
cause such a lien to be recorded with the County of Los Angeles clerk-recorder's
office.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.160. Reserved.
17.73.170. Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every
applicable provision in the Code, this chapter, any permit, any permit condition or any
applicable law or regulation by reason of any failure by the city to timely notice, prompt
or enforce compliance by the applicant or permittee.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.180. Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city
regulation or ordinance adopted prior to the effective date of this chapter, the provisions
in this chapter will control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.190. Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other
regulatory approvals (collectively, the "records") issued in connection with the wireless
facility, which includes without limitation this approval, the approved plans and photo
simulations incorporated into this approval, all conditions associated with this approval
and any ministerial permits or approvals issued in connection with this approval.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.200. Severability.
l ity.
In the event that a court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this section and shall not
affect the validity of the remaining portions of this section. The city hereby declares that
it would have adopted each section, subsection, paragraph, sentence, clause or phrase
in this section irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses or phrases in this section might be declared
unconstitutional, preempted or otherwise invalid.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.210. Wireless telecommunications facilities on private property.
A. Purpose. The following procedures and design standards shall be required for the
installation of wireless telecommunications facilities within private property, except
for eligible facilities requests pursuant to section 17.73.220. These criteria are
intended to guide and facilitate applicants in locating and designing facilities and
accessory equipment in a manner that will be compatible with the purpose, intent,
and goals of this section. It is the intent of the city to use its time, place, and
manner authority to protect and preserve the aesthetics of the city.
B. Permit required.
1. Installation of wireless telecommunications facilities located on private property
will be subject to this chapter.
2. Applicants shall apply for a conditional wireless facility permit or administrative
wireless facility permit for any wireless telecommunications facility that it seeks
to place on private property.
C. Design standards. The following general design guidelines shall be considered for
regulating the location, design, and aesthetics for a wireless telecommunications
facility:
1. Site selection criteria.
a. Preferred locations. When doing so would not conflict with one of the
standards set forth in this subsection or with federal law, wireless
telecommunications facilities shall be located in the most preferred
location as described in this subsection, which range from the most
preferred to the least preferred locations on private property.
i. Location on a new or existing building in a nonresidential zoning
district including institutional and cemetery districts but not open
space districts.
ii. Location on an existing city-owned structure in a nonresidential
zoning district with a facility designed with concealment elements.
iii. Location on a new concealed structure in a nonresidential zoning
district.
iv. Located more than 200 feet of a residential building or residential lot,
excluding out-buildings, unless concealed in or on a nonresidential
building (e.g., churches, temples, etc.).
b. Less preferred locations. To the extent feasible, facilities shall not be
located in the following areas:
i. Environmentally sensitive areas including the Palos Verdes Nature
Preserve and those areas with coastal sage scrub governed by
Chapter 17.41 (coastal sage scrub conservation and management);
ii. Installations that would be in violation of Section 17.02.040, view
preservation and restoration;
iii. On a structure, site or in a zoning district designated as a local, state
or federal historical landmark, or having significant local historical
value as determined by the city council.
c. No new facility may be placed in a less preferred location unless the
applicant demonstrates to the reasonable satisfaction of the planning
commission or director that no more preferred location can feasibly serve
the area the facility is intended to serve; provided, however, that the
planning commission or director may authorize a facility to be established
in a less preferred location if doing so is necessary to prevent substantial
aesthetic impacts.
d. All facilities (including all related accessory cabinet(s)) shall meet the
setback requirements of the underlying zoning district and in no case shall
any portion of a facility be located in a defined front yard or side yard,
unless otherwise approved pursuant to section 17.73.070.
e. In no case shall any part of a facility alter vehicular and/or pedestrian
circulation within a site or impede access to and from a site. In no case
shall a facility alter off-street parking spaces (such that the required
number of parking spaces for a use is decreased) or interfere with the
normal operation of the existing use of the site.
f. Any freestanding ground-mounted wireless telecommunications facility,
including any related accessory cabinet(s) and structure(s), shall apply
towards the allowable lot coverage for structures/buildings of the
underlying zone.
g. Refer to section 17.73.030.A for maximum height requirements.
D. General standards.
1. Unless Government Code § 65964, as may be amended, authorizes the city to
issue a permit with a shorter term, a permit for any wireless
telecommunications facility shall be valid for a period of ten years, unless
pursuant to another provision of this Code it lapses sooner or is revoked. At the
end of ten years from the date of issuance, such permit shall automatically
expire, unless extended pursuant to Section 17.73.110.
2. Wireless telecommunications facilities shall not bear any signs or advertising
devices other than certification, warning, or other required seals or required
signage.
3. No permittee shall unreasonably restrict access to an existing antenna location
if required to collocate by the city, and if feasible to do so.
4. All antennas shall be designed to prevent unauthorized climbing.
E. Visual impacts.
1. Facilities must comply with Section 17.02.040, view preservation and
restoration, unless an exemption is granted pursuant to Section 17.73.070.
2. Facilities should be designed to be as visually unobtrusive as possible, and
should be sited to avoid or minimize obstruction of views from adjacent
properties.
3. Facilities shall not be of a bright, shiny or glare-reflective finish. Colors and
designs must be integrated and compatible with existing on-site and
surrounding buildings and/or uses in the area. The facility shall be finished in a
color to neutralize it and blend it with, rather than contrast it from, the sky and
site improvements immediately surrounding; provided, that, wherever feasible,
a light color shall be used to meet this requirement, as deemed acceptable by
the director.
4. If feasible, the base station and all wires and cables necessary for the
operation of a facility should be placed underground so that the antenna is the
only portion of the facility that is above ground. If the base station is located
within or on the roof of a building, it may be placed in any location not visible
from surrounding areas outside the building, with any wires and cables
attached to the base station clipped and screened from public view.
5. Innovative design to minimize visual impact must be used whenever the
screening potential of the site is low. For example, the visual impact of a site
may be mitigated by using existing light standards and telephone poles as
mounting structures, or by constructing screening structures which are
compatible with surrounding architecture.
6. Screening of the facility should take into account the existing improvements on
or adjacent to the site, including landscaping, walls, fences, berms or other
specially designed devices which preclude or minimize the visibility of the
facility and the grade of the site as related to surrounding nearby grades of
properties and public street rights-of-way.
7. Landscaping or other screening shall be placed so that the antenna and any
other aboveground structure is screened from public view. Landscaping or
other screening required by this section shall be maintained by the permittee
and replaced as necessary as determined by the director. All existing
landscaping that has been disturbed by the permittee in the course of
placement or maintenance of the wireless facility shall be restored to its
original condition as existed prior to placement of the wireless facility by the
permittee. Native vegetation shall be preserved to the greatest extent
practicable and incorporated into the landscape plan.
8. Wireless telecommunications facilities should be located where the existing
topography, vegetation, building, or other structures provide the greatest
amount of screening.
9. All building and roof-mounted wireless telecommunications facilities and
antennas should be designed to appear as an integral part of the structure and
shall be located to minimize visual impacts.
F. Undergrounding of accessory equipment. To preserve community aesthetics, all
facility accessory equipment, excluding antennas, aboveground vents, to the
greatest extent possible, be required to fully screened if visible from off-site, shall
be fully enclosed, and not cross property lines. Accessory equipment may include,
but is not limited to, the following: fiber optic nodes, radio remote units or heads,
power filters, cables, cabinets, vaults, junction or power boxes, and gas generators.
Wherever possible, wireless metering shall be used. If wireless metering is not an
option, electrical meter boxes related to wireless telecommunications facilities shall
be appropriately screened, not visible to the general public, and located in less
prominent areas on and private property. Where it can be demonstrated that
undergrounding of accessory equipment is infeasible due to conflict with other
utilities, the director may approve alternative above-grade accessory equipment
mounting when adequately screened from public view. Any approved above-grade
accessory equipment must be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to interfere with or create hazards to
pedestrians or motorists.
G. Noise attenuation measures. Within residential zones, and properties adjacent to
residential zones, noise attenuation_measures shall be used to reduce noise to
comply with RPVMC section 8.24.060.A.13.
H. Applications deemed withdrawn. To promote efficient review and timely decisions,
an application will be automatically deemed withdrawn when an applicant fails to
tender a substantive response,within 90 days after the city deems the application
incomplete in a written notice to the applicant. The director may at the director's
discretion,,grant a written extension for up to an additional 30 days upon a written
request for an extension received prior to the 90th day. The director may grant
further written extensions only for good cause, which includes circumstances
outside the applicant's reasonable control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.220. Eligible wireless telecommunications facilities.
A. Purpose. The purpose of this section is to adopt reasonable regulations and .
procedures, consistent with and subject to federal and California state law, for
compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related
Federal Telecommunications Commission regulations codified in 47 C.F.R. Section
1.6100.
1. Section 6409(a) generally requires that state and local governments "may not
deny, and shall approve" requests to collocate, remove or replace a WTF at an
existing tower or base station. FCC regulations interpret the statute and create
procedural rules for local review, which generally preempt subjective land-use
regulations, limit application content requirements and provide the applicant
with a "deemed granted" remedy when the local government fails to approve or
deny the request within 60 days after submittal (accounting for any tolling
periods). Moreover, whereas Section 704 of the Telecommunications Act of
1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only
"personal wireless service facilities" (e.g., cellular telephone towers and
accessory equipment), Section 6409(a) applies to all "wireless" facilities
licensed or authorized by the FCC (e.g., wi-fi, satellite, or microwave
backhaul).
2. The city council finds that the partial overlap between wireless deployments
covered under Section 6409(a) and other wireless deployments, combined with
the different substantive and procedural rules applicable to such deployments,
creates a potential for confusion that harms the public interest in both efficient
wireless telecommunications facilities deployment and deliberately planned
community development in accordance with local values. The city council
further finds that a separate permit application and review process specifically
designed for compliance with Section 6409(a) contained in a section devoted
to Section 6409(a) will best prevent such confusion.
3. Accordingly, the city council adopts this section to reasonably regulate
requests submitted for approval under Section 6409(a) to collocate, remove or
replace VVTFs at an existing wireless tower or base station, in a manner that
complies with federal law and protects and promotes the public health, safety
and welfare of the citizens of the city.
B. Prohibition of personal wireless service. This section does not intend to, and shall
not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless
services; (2) unreasonably discriminate among providers of functionally equivalent
personal wireless services; (3) regulate the installation, operation, collocation,
modification or removal of wireless telecommunications facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such
emissions comply with all applicable FCC regulations; (4) prohibit or effectively
prohibit any collocation or modification that the city may not deny under California
or federal law; or (5) allow the city to preempt any applicable California or federal
law.
C. Eligible facility permit. Any request to collocate, replace or remove WTFs at an
existing wireless tower or base station submitted for approval under Section
6409(a) shall require an eligible facility permit subject to the director's approval,
conditional approval or denial under the standards and procedures contained in this
section. However, the applicant may alternatively elect to seek either a conditional
wireless facility permit or an administrative wireless facility permit described
elsewhere in this chapter.
D. Other regulatory approvals required. No collocation or modification approved under
any eligible facility permit may occur unless the applicant also obtains all other
permits or regulatory approvals from other city departments and state or federal
agencies. An applicant may obtain an eligible facility permit concurrently with
permits or other regulatory approvals from other city departments after first
consulting with the director. Furthermore, any eligible facility permit granted under
this section shall remain subject to the lawful conditions and/or requirements
associated with such other permits or regulatory approvals from other city
departments and state or federal agencies.
E. Permit applications Submittal and review procedures.
1. Permit application required. The director may not grant any eligible facility
permit unless the applicant has submitted a complete application.
2. Permit application content. This section governs minimum requirements for
permit application content and procedures for additions and/or modifications to
eligible facility permit applications. The city council directs and authorizes the
director to develop and publish application forms, checklists, informational
handouts and other related materials that describe required materials and
information for a complete application in any publicly stated form. Without
further authorization from the city council, the director may from time-to-time
update and alter the permit application forms, checklists, informational
handouts and other related materials as the director deems necessary or
appropriate to respond to regulatory, technological or other changes. The
materials required under this section are minimum requirements for any eligible
facility permit application the director may develop. The forms and submittal
checklists created by the director must comply with applicable federal statutes
and regulations.
a. Application fee deposit. The applicable permit application fee established
by city council resolution. In the event that the city council has not
established an application fee specific to an eligible facility permit, the
established fee for an administrative wireless facility permit shall be
required.
b. Prior regulatory approvals. Evidence that the applicant holds all current
licenses and registrations from the FCC and any other applicable
regulatory bodies where such license(s) or registration(s) are necessary to
provide wireless services utilizing the proposed wireless
telecommunications facility. For any prior local regulatory approval(s)
associated with the wireless telecommunications facility, the applicant
must submit copies of all such approvals with any corresponding
conditions of approval. Alternatively, a statement that prior regulatory
approvals were not required for the wireless telecommunications facility at
the time it was constructed or modified.
c. Site development plans. A fully dimensioned site plan and elevation
drawings prepared and sealed by a California-licensed engineer showing
any existing wireless telecommunications facilities with all existing
accessory equipment and other improvements, the proposed facility with
all proposed transmission equipment and other improvements and the
legal boundaries of the leased or owned area surrounding the proposed
facility and any associated access or utility easements.
d. Specifications. Specifications that show the height, width, depth and
weight for all proposed equipment. For example, dimensioned drawings or
the manufacturer's technical specifications would satisfy this requirement.
e. Photographs and photo simulations. To the extent necessary to
demonstrate compliance with prior concealment conditions, photographs
and photo simulations that show the proposed facility in context of the site
from reasonable line-of-sight locations from public streets or other affected
adjacent viewpoints, together with a map that shows the photo location of
each view angle. At least one photo simulation must clearly show the
impact on the concealment elements of the support structure, if any, from
the proposed modification.
f. RF exposure compliance report. An RF exposure compliance report
prepared and certified by a licensed engineer that certifies that the
proposed facility, as well as any collocated facilities, will comply with
applicable federal RF exposure standards and exposure limits. The RF
report must include the actual frequency and power levels (in watts
effective radio power (ERP)) for all existing and proposed antennas at the
site and exhibits that show the location and orientation of all transmitting
antennas and the boundaries of areas with RF exposures in excess of the
uncontrolled/general population limit (as that term is defined by the FCC)
and also occupational limit (as that term is defined by the FCC). Each
such boundary shall be clearly marked and identified for every transmitting
antenna at the project site.
g. Justification analysis. A written statement that explains in plain factual
detail whether and why Section 6409(a) and the related FCC regulations
at 47 C.F.R. Section 1.6100 require approval for the specific project. The
statement shall include a completed Eligible Facilities checklist provided
by the City. As part of this written statement the applicant must also
include (i) whether and why the support structure qualifies as an existing
tower or existing base station; and (ii) whether and why the proposed
collocation or modification does not cause a substantial change in height,
width, excavation, equipment cabinets, concealment or permit compliance.
h. Noise study. A noise study prepared and certified by an acoustical
engineer licensed by the State of California for the proposed facility and all
associated equipment including all environmental control units, sump
pumps, temporary backup power generators, and permanent backup
power generators demonstrating compliance with the city's noise
regulations. The noise study must also include an analysis of the
manufacturers' specifications for all noise-emitting equipment and a
depiction of the proposed equipment relative to all adjacent property lines.
In lieu of a noise study, the applicant may submit evidence from the
equipment manufacturer that the ambient noise emitted from all the
proposed equipment will not, both individually and cumulatively, exceed
the applicable limits set out in the noise ordinance.
3. Pre-application meeting appointment. Prior to application submittal, applicants
may schedule and attend a voluntary pre-application meeting, either virtual or
in person, with city staff for all eligible facility permit applications. Such pre-
application meeting is intended to streamline the application review through
discussions including, but not limited to, the appropriate project classification,
including whether the project qualifies for an eligible facility permit; any latent
issues in connection with the existing tower or base station; potential
concealment issues (if applicable); coordination with other city departments
responsible for application review; and application completeness issues.
Applicants may submit a written request for an appointment in the manner
prescribed by the director. City staff shall endeavor to provide applicants with
an appointment within five working days after receipt of a written request.
4. Application submittal appointment. All applications for an eligible facility permit
must be submitted to the city at a pre-scheduled appointment, either virtual or
in person. Applicants may submit up to three VVTF site applications per
appointment but may schedule successive appointments for additional
applications whenever feasible by the director. Applicants must submit a
written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five
working days after receipt of a written request.
5. Application resubmittal appointment. The director may require application
resubmittals be tendered to the city at a pre-scheduled appointment, either
virtual or in person. Applicants may resubmit up to three individual WTF site
applications per appointment but may schedule successive appointments for
additional applications whenever feasible for the city. Applicants must submit a
written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five
working days after receipt of a written request.
F. Notice.
1. Notice of application submittal. Within 15 days after an applicant submits an
application for an eligible facility permit, written notice of the application shall
be sent by the city via first-class United States mail to:
a. Applicant or its duly authorized agent;
b. Property owner or its duly authorized agent;
c. All real property owners within 5100 feet from the subject site as shown on
the latest equalized assessment rolls;
d. Any person who has filed a written request with either the city clerk or the
city council; and
e. Any city department that will be expected to review the application.
2. Notice content. The notice required under this section shall include all the
following information:
a. A general explanation of the proposed collocation or modification;
b. The following statement: "This notice is for information purposes only; no
public hearing will be held for this application. Federal law may require
approval for this application. Further, Federal Communications
Commission regulations may deem this application granted by the
operation of law unless the city approves or denies the application, or the
city and applicant reach a mutual tolling agreement"; and
c. A general description, in text or by diagram, of the location of the real
property that is the subject of the application.
G. Approvals Denials without prejudice. Federal regulations dictate the criteria for
approval or denial of approval permit application submitted under Section 6409(a).
The findings for approval and criteria for denial without prejudice are derived from
and shall be interpreted and applied in a manner consistent with such federal
regulations.
1. Findings for approval. The director may approve or conditionally approve an
application for an eligible facility permit only when the director finds all of the
following:
a. The application involves the collocation, removal or replacement of
antennas and accessory equipment on an existing wireless tower or base
station; and
b. The proposed changes would not cause a substantial change.
2. Criteria for a denial without prejudice. The director shall not approve an
application for an eligible facility permit when the director finds that the
proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably
related to public health and safety; or
b. Involves a structure constructed or modified without all approvals required
at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or
d. Does not qualify for mandatory approval under Section 6409(a) for any
lawful reason.
3. All eligible facility permit denials are without prejudice. Any "denial" of an
eligible facility permit application shall be limited to only the applicant request
for approval pursuant to Section 6409(a) and shall be without prejudice to the
applicant. Subject to the application and submittal requirements in this chapter,
the applicant may immediately submit a new permit application for either a
conditional wireless facility permit, administrative wireless facility permit, or
submit a new and revised eligible facility permit.
4. Conditional approvals. Subject to any applicable limitations in federal or state
law, nothing in this section is intended to limit the city's authority to
conditionally approve an application for an eligible facility permit to protect and
promote the public health, safety and welfare.
H. Standard conditions of approval. Any eligible facility permit approved or deemed
granted by the operation of federal law shall be automatically subject to the
conditions of approval described in this section.
1. Permit duration unchanged. The city's grant or grant by operation of law of an
eligible facility permit constitutes a federally mandated modification to the
underlying permit or approval for the subject tower or base station. The city's
grant or grant by operation of law of an eligible facility permit shall not extend
the term of the underlying wireless facility permit or any city-authorized
extension thereto. It is strongly recommended that the holders of any
underlying wireless facility permits timely seek extensions of these underlying
permits so as to avoid any interruption in the validity of an associated eligible
facility permit.
2. Accelerated permit terms due to invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409(a) or any FCC
rule that interprets Section 6409(a) such that federal law would not mandate
approval for any eligible facility permit(s), such permit(s) shall automatically
expire one year from the effective date of the judicial order, unless the decision
would not authorize accelerated termination of previously approved eligible
facility permits. A permittee shall not be required to remove its improvements
approved under the invalidated eligible facility permit when it has submitted an
application for either a conditional wireless facility permit or an administrative
wireless facility permit for those improvements before the one-year period
ends. The director may extend the expiration date on the accelerated permit
upon a written request from the permittee that shows good cause for an
extension.
3. No waiver of standing. The city's grant or grant by operation of law of an
eligible facility permit does not waive, and shall not be construed to waive, any
standing by the city to challenge Section 6409(a), any FCC rules that interpret
Section 6409(a) or any eligible facility permit.
4. Compliance with all applicable laws. The permittee shall maintain compliance
at all times with all federal, state and local laws, statutes, regulations, orders or
other rules that carry the force of law ("laws") applicable to the permittee, the
subject site, the facility or any use or activities in connection with the use
authorized in this permit. The permittee expressly acknowledges and agrees
that this obligation is intended to be broadly construed and that no other
specific requirements in these conditions are intended to reduce, relieve or
otherwise lessen the permittee's obligations to maintain compliance with all
laws.
5. Emergencies. The director may enter onto the facility area to inspect the facility
upon reasonable notice to the permittee. The permittee shall cooperate with all
inspections. The city reserves the right to enter or direct its designee to enter
the facility and support, repair, disable or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or
property.
6. Contact information for responsible parties. Permittee shall at all times
maintain accurate contact information for all parties responsible for the facility,
which shall include a phone number, street mailing address and email address
for at least one natural person who is responsible for the facility. All such
contact information for responsible parties shall be provided to the director
upon permit grant, annually thereafter, and permittee's receipt of the director's
written request.
7. Indemnities. The permittee and, if applicable, the nongovernment owner of the
private property upon which the tower and/or base station is installed shall
defend, indemnify and hold harmless the city, its agents, officers, officials and
employees (a) from any and all damages, liabilities, injuries, losses, costs and
expenses and from any and all claims, demands, lawsuits, writs of mandamus
and other actions or proceedings brought against the city or its agents, officers,
officials or employees to challenge, attack, seek to modify, set aside, void or
annul the city's approval of the permit, and (b) from any and all damages,
liabilities, injuries, losses, costs and expenses and any and all claims,
demands, lawsuits or causes of action and other actions or proceedings of any
kind or form, whether for personal injury, death or property damage, arising out
of or in connection with the activities or performance of the permittee or, if
applicable, the private property owner or any of each one's agents, employees,
licensees, contractors, subcontractors or independent contractors. The
permittee shall be responsible for costs of determining the source of the
interference, all costs associated with eliminating the interference, and all costs
arising from third party claims against the city attributable to the interference. In
the event the city becomes aware of any such actions or claims the city shall
promptly notify the permittee and the private property owner and shall
reasonably cooperate in the defense. It is expressly agreed that the city shall
have the right to approve, which approval shall not be unreasonably withheld,
the legal counsel providing the city's defense, and the property owner and/or
permittee (as applicable) shall reimburse the city for any costs and expenses
directly and necessarily incurred by the city in the course of the defense.
8. Adverse impacts on adjacent properties. Permittee shall undertake all
reasonable efforts to avoid undue adverse impacts to adjacent properties
and/or uses that may arise from the construction, operation, maintenance,
modification and removal of the facility. Radio frequency emissions, to the
extent that they comply with all applicable FCC regulations, are not considered
to be adverse impacts to adjacent properties.
9. General maintenance. The site and the facility, including but not limited to all
landscaping, fencing and related transmission accessory equipment, must be
maintained in a neat and clean manner and in accordance with all approved
plans and conditions of approval.
10. Graffiti abatement. Permittee shall remove any graffiti on the wireless
telecommunications facility at permittee's sole expense subject to the
provisions of Chapter 9.28 of the RPVMC (graffiti prevention and removal).
I. Notice of Decision Appeals.
1. Notice of a decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of the decision shall be given
to the applicant, as well as any persons who have requested notice for these
types of permits, pursuant to subsection 17.80.090(E).
2. An interested person may appeal the director's decision to the city council
within 15 days of the director's decision, in accordance with the notice and
appeal procedures set forth into Chapter 17.80 (hearing notice and appeal
procedures) of this title.
3. Fees for an eligible facilities request and for an appeal of a determination
thereon shall be levied as provided for by this Code and established by
resolution of the city council.
4. No decision on any wireless telecommunications facility application shall be
considered final until and unless all appeals have been taken or are time-
barred.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.230. Amateur radio facilities.
A. Noncommercial amateur radio antennas.
1. Applicability. This section regulates noncommercial amateur radio antennas
that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed 16 feet in height, as measured pursuant to the
residential building height measurement methods described in Section
17.02.040, view preservation and restoration, of this title. This subsection does
not regulate hand held antennas or antennas located on vehicles parked on
lots which are 16 feet or less in height, as measured pursuant to the residential
building height measurement methods described in Section 17.02.040, view
preservation and restoration, of this title.
2. General regulations. The installation, erection and/or replacement of
noncommercial amateur radio antenna assemblies on lots for noncommercial
purposes shall be reviewed by the director through either an antenna site plan
review application or by the planning commission through a noncommercial
amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be considered
legal nonconforming: i) legally permitted by the city or the County prior to
City incorporation, and which conform to the codes in effect when
installed, but do not meet the provisions of this Code; and are ii) existing
as of the effective date of this Code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s)
support structure and shall be the maximum to which it is capable of
being extended;
ii. For a ground mounted assembly or one mounted on an accessory
structure, the height shall be measured from the highest point of the
existing grade covered by the foundation of the structure to the
maximum height to which the antenna assembly is capable of being
extended; and
iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of
this section, for an antenna assembly mounted on a main building or
an accessory structure, height shall be measured from existing grade
to the maximum height to which the antenna assembly is capable of
being extended, pursuant to the residential building height
measurement methods described in Section 17.02.040, view
preservation and restoration, of this title.
c. Noncommercial amateur radio antennas shall not be located within any
front yard area, without approval of a variance pursuant to Chapter 17.64
(variances) of this title.
d. The use of antennas for noncommercial purposes shall mean that no
commercial frequency is used for transmission or propagation, that there
is no communication for hire or for material compensation, except as
allowed by Federal Communications Commission (FCC) regulations, and
that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil
derrick style structures and no structures with guy wires shall be used or
constructed, except as provided for in this section.
f. No signage shall be allowed on any noncommercial amateur radio
antenna assembly, except for requisite safety text and other labeling
required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all
city, state and federal laws including Section 17.02.040, view preservation
and restoration.
h. A noncommercial antenna assembly subject to this section shall not be
any closer to the property line than the required minimum side and rear
yard setbacks for the subject lot without written city approval which shall
take into consideration the site-specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to
its minimum size and height when not in use or retracted as required in
any conditions of approval issued by the city.
j. Each noncommercial amateur radio antenna shall be of a color or painted
to minimize its reflectivity and blend with its surroundings as much as
possible.
k. Upon the sale or transfer of the subject property any permit issued under
this section shall not be transferable to any other person including a new
property owner.
3. Antennas exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
antenna site plan review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support structure with
an outside diameter of three inches or less with a similar antenna or
support structure.
b. Parabolic dish antennas which are one meter (39.37 inches) or less in
diameter. This exemption shall not apply to parabolic dishes in excess of
the height limit for the zone upon which the parabolic dish is located
unless the applicant can establish an exemption pursuant to Section
17.73.070. Freestanding masts shall be measured from existing adjacent
grade. Masts located on a building shall be measured from the point
where the mast meets the roof surface.
c. Any combination of two different antenna assemblies'from the following
categories:
i. One antenna assembly which is located outside of any required
setback areas and which is 16 feet or less in height, as measured
pursuant to the residential building height measurement methods
described in Section 17.02.040, view preservation and restoration, of
this title.
ii. One building mounted antenna assembly, located outside of any
required setback areas, which does not exceed 12 feet in height, as
measured from the point where the antenna assembly meets the roof
surface, and which contains radiating elements, each of which does
not exceed six feet in total length. If the antenna assembly is mounted
onto the roof, or if any portion of the antenna assembly projects above
the roofline, not more than one antenna may be affixed to antenna
support structure.
iii. One wire antenna assembly consisting of a single flexible wire, with a
diameter not to exceed one-half inch, suspended between two
supports, which if man-made do not exceed 41 feet in height as
measured from adjacent existing grade, and located outside of any
required setback areas.
iv. One vertical antenna assembly, located outside of any required
setback areas, consisting of a single pole or mast with a maximum
outside diameter of three inches or less with no guys or horizontal
elements located higher than two feet above the ridgeline of the
residence, and which does not exceed 41 feet in total height, as
measured from adjacent existing grade.
4. Antenna site plan review approval.
a. Director review. Director approval of an antenna site plan review
application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this section, and for any other
nonexempt antenna assembly which does not exceed 41 feet in height.
The application may be approved provided the director finds as follows:
i. That adequate provision is made for safety;
ii. That all applicable building code requirements, such as wind load and
seismic design criteria, and development code requirements, such
setbacks, are met;
iii. That no more than one nonexempt antenna support structure will be
located on the lot;
iv. That the placement of the antenna assembly does not significantly
impair a view from any surrounding properties, as defined in Section
17.02.040, view preservation and restoration, of this title; and
v. That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting and texturing and to be compatible
with existing architectural elements, building materials and other site
characteristics. The applicant shall use the smallest and least visible
antennas possible to accomplish the coverage objectives.
b. Application. The antenna site plan review application shall be made upon
forms provided by the city and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna
assembly, and its relation to property lines, topography and all
structures on the property, and two copies of an elevation drawing
showing the proposed height, size, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant to
the California Building Code, three copies of the above plans are
necessary;
ii. A typed mailing list of all property owners within a 500-foot radius to
the subject property, using the last equalized tax roll of the county
assessor and any affected homeowners associations, and a vicinity
map identifying all properties included on the mailing list.
iii. A fee, as established by resolution of the city council.
iv. Documentation demonstrating that the antenna assembly will comply
with all other FCC standards related to radio frequency emissions in
OET Bulletin 65, Supplement B. Said documentation shall state if the
antenna is categorically exempt or demonstrate compliance with the
standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas and installation,
comply with FCC regulations related to interference and in the event
the interference occurs, the applicant will take all steps necessary to
resolve the same.
vi. The applicant shall, as part of the application, construct at the
applicant's expense, a mock-up of the proposed antenna at the
proposed location. Said mock-up shall be the same size and
dimensions as the proposed antenna. The mock-up shall be
coordinated under the direction of the director or his/her designee.
Once constructed, the silhouette shall be certified by a licensed
engineer on a form provided by the city. In the alternative, the
applicant may submit a photo simulation depicting the proposed
antenna in size, height, and dimensions, as required by the city to
depict the proposed antenna as it would appear from the surrounding
areas, and deemed acceptable by the director.
c. Notice. Upon receipt of a complete antenna site plan review application,
the director shall provide written notice of the application to the applicant,
property owners within a 500-foot radius, any affected homeowners
associations and any interested parties. No sooner than 15 days after the
application notices are mailed, the director shall make a decision on the
application. Notice of the director's decision shall be provided to the
applicant, adjacent property owners, any affected homeowners
associations, and any interested parties. The director's decision may be
appealed to the planning commission and the planning commission's
decision may be appealed to the city council pursuant to Chapter 17.80
(hearing notice and appeal procedures) of this title.
B. Noncommercial amateur radio antenna permit. Except for antenna assemblies
which are exempt pursuant to subsection (C)(3) of this section, antenna assemblies
which exceed 41 feet in height or which involve the placement of more than one
nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the planning commission.
1. Application. Application for a noncommercial amateur radio antenna permit
shall be made on forms provided by the city and shall include such plans and
documents as may reasonably be required by the director, including submittal
requirements for the antenna site plan review application in subsection (4)(b),
for a complete understanding of the proposal and a filing fee in an amount
established by resolution of the city council.
2. Notice. Upon receipt of a complete application for a noncommercial amateur
radio antenna permit, the director shall provide written notice of the application
to all owners of a property shown on the last known county assessor tax roll
and homeowner associations located within a radius of 500 feet of the external
boundaries of the property where the antenna assembly is proposed.
3. Action by planning commission. In granting a noncommercial amateur radio
antenna permit, the planning commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a
view, as defined in Section 17.02.040, view restoration and preservation,
from a surrounding lot;
b. With respect to an antenna assembly that is used for amateur radio
purposes, the degree to which refusing or conditioning the permit would
interfere with the applicant's ability to receive and/or transmit radio signals
on amateur frequencies. In evaluating this criterion the planning
commission may establish a maximum height for the antenna assembly
that reasonably accommodates the applicant's ability to receive and/or
transmit radio signals on amateur frequencies and appropriately balances
that right with the goals of the city's general plan and development code;
c. That adequate provision is made for safety and that all applicable building
code requirements such as wind load and seismic design criteria, and
development code requirements such as setbacks, are met;
d. That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement, screening,
camouflaging, painting, and texturing and to be compatible with existing
architectural elements, building materials and other site characteristics.
The applicant shall use the smallest and least visible antennas possible to
accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impairment and to
promote the goals of the general plan and development code, such as, but
not limited to:
i. Location restrictions;
ii. Nesting restrictions;
iii. Array size restrictions;
iv. Mass of tower restrictions;
v. Height restrictions;
vi. Elimination of guy wires;
vii. Addition of guy wires, if in the opinion of the planning commission
allowing guy wires would minimize the aesthetic impacts;
viii. Screening or camouflaging requirements, provided said requirements
have not been shown to be cost prohibitive by the applicant, in which
case a less costly alternative shall be imposed; and
ix. Compliance with any or all applicable regulations listed in subsection
17.76.020(C)(2) above.
f. That the following additional findings can be made for approval of more
than one nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on
the existing antenna assembly;
ii. The additional antenna assembly does not significantly impair a view
from surrounding properties; and
iii. The additional antenna assembly balances the effects on the
character of the neighborhood while reasonably accommodating the
radio amateur operator's ability to transmit and receive radio amateur
signals.
4. If the application is granted or conditionally granted, notice of the planning
commission's decision shall be given to the applicant and to all interested
persons. Notice of denial shall be given to the applicant, as well as any
persons who have requested notice for the subject permit, pursuant to
subsection 17.80.090(E). The applicant or any interested person may appeal
the planning commission's decision to the city council pursuant to Chapter
17.80 (hearing notice and appeal procedures) of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long
as all conditions imposed are fully complied with, and the antenna structure is
maintained in good repair.
C. State and federal law. The implementation of this section and decisions on
applications for placement of noncommercial amateur radio antennas shall, at a
minimum, ensure that the requirements of this section are satisfied, unless it is
determined that the applicant has established that denial of an application would,
within the meaning of federal law, prohibit or effectively prohibit use of the
noncommercial amateur radio antenna, or otherwise violate applicable laws or
regulations including but not limited to Government Code § 65850.3 and Section
97.15 of Title 47 of the Code of Federal Regulations. If that determination is made,
the requirements of this section may be waived, but only to the minimum extent
required to avoid the prohibition or violation. If an applicant contends that denial of
the application would prohibit or effectively prohibit the use of the antenna in
violation of federal law, or otherwise violate applicable law, the applicant must
provide all information on which the applicant relies on in support of that claim.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.240. Over-the-air reception devices.
A. Applicability. This section applies to all over-the-air reception devices (OTARD) in
the city. "OTARD antennas" means antennas covered by the "over-the-air reception
devices" rule in Title 47 of the Code of Federal Regulations, Sections 1.4000 et
seq., as may be amended or replaced from time to time.
B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the
following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches
(or one meter) or less in diameter or diagonal measurement.
2. Similar in height to other roof mounted appurtenances (e.g., chimneys) allowed
for by this Code.
3. The antenna will not be installed in violation of Section 17.02.040, view
preservation and restoration.
4. In the event that the antenna has to be installed such that it is readily visible
from the public right-of-way it shall be professionally installed in a location to
ensure minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or
parking space.
6. If required by any law, rule or regulation the antenna shall be licensed with the
FCC.
7. The antenna complies with all FCC radio frequency (RF) exposure limits and
located such that it will minimize exposure to residents.
8. Only three antennas shall be,allowed per dwelling unit in residential zoning
districts or on legal nonconforming residential lots unless approved by the city
pursuant to an OTARD permit.
9. Professional installation shall be required for all transmitting antennas to
ensure safety to residents.
C. O TA RD permit.
1. All OTARD permits shall be processed and reviewed consistent with consistent
with the provisions detailed in Chapter 17.73 for a conditional wireless facility
permit including the application contents detailed at Section 17.73.040 and
shall be reviewed by the planning commission at a noticed public hearing. An
interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council pursuant
to Chapter 17.80 (hearing notice and appeal procedures) of this title.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance with
all applicable provisions of this section.
b. The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive means
possible, and has shown that all alternative locations and designs
identified by the city were technically infeasible or not reasonably
available.
c. The appropriate exemptions have been approved by the director and not
appealed. If appealed, the director's decision has been upheld.
D. State and federal law.
1. The implementation of this section and decisions on applications for placement
of OTARDs shall, at a minimum, ensure that the requirements of this section
are satisfied, unless it is determined by the director that an exemption is
necessary because the applicant has established that denial of an application
would violate federal or state law including but not limited to Code of Federal
Regulations at Title 47, Section 1.40000 et seq., including precluding use of
the antenna by impacting the reception or transmission of an acceptable
quality signal.
2. If an applicant contends that denial of the application would violate state or
federal law, the applicant must provide all information and studies upon which
the applicant relies on in support of that claim for the director's review and
consideration. No such exemption shall be granted unless the applicant
demonstrates with clear and convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
b. The applicant has demonstrated that strict compliance with any provision
in this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed OTARD(s)
including full-color signal propagation maps with objective units of signal
strength measurement demonstrating coverage which would be
accomplished with the requested exemption(s) and why this coverage is
necessary, as compared to an installation without the requested
exemption(s).
d. The applicant has provided the city with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s), suggested by the city or otherwise, are not technically
feasible or reasonably available. In addition, the applicant has provided
the city with a meaningful comparative analysis that includes the factual
reasons why the proposed location and design which deviates from the
requirements of this chapter is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable objectives.
3. If the director approves an exemption to the requirements of this chapter, said
exemption shall be limited only to the minimum extent required to avoid a
potential violation of state or federal law. Notice of such decision shall be given
to the applicant, to all owners of property adjacent to the subject property. as
well as any persons who have requested notice for the subject permits,
pursuant to subsection 17.80.090(E). Any interested person may appeal the
director's decision to the planning commission and the planning commission
decision to the city council pursuant to Chapter 17.80 (hearing notice and
appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)