CC SR 20260505 01 - Wireless Code Updates
PUBLIC HEARING - NON-ADJUDICATIVE
Date: May 5, 2026
Subject:
Consider amendments to Chapters 12.18 and 17.73 of the Rancho Palos Verdes Municipal Code
pertaining to wireless telecommunication facilities in the public right-of-way and on private
property.
Recommendation:
1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 12.18 (WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC
RIGHT-OF-WAY) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE;
2) Review the Planning Commission’s recommendations regarding proposed updates to Rancho
Palos Verdes Municipal Code Chapter 17.73 - Wireless Telecommunications Facilities on
Private Property to consider further modifications to the proposed code amendments; and,
3) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.73 (WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE
PROPERTY) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (CASE
NO. PLCA2026-0001)
1. Report of Notice Given: City Clerk Takaoka
2. Declare Public Hearing Open: Mayor Seo
3. Request for Staff Report: Mayor Seo
4. Staff Report & Recommendation: Brandon Mesker, Associate Engineer
Amy Seeraty, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
General Public 3 Minutes Each.
7. Council Questions of Public Testimony (factual and without bias):
8. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Seo
9. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
10. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 05/05/2026
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consider amendments to Chapters 12.18 and 17.73 of the Rancho Palos Verdes
Municipal Code pertaining to wireless telecommunication facilities in the public right-of-
way and on private property.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 12.18 (WIRELESS
TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY) OF
TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE;
(2) Review the Planning Commission’s recommendations regarding proposed
updates to Rancho Palos Verdes Municipal Code Chapter 17.73 - Wireless
Telecommunications Facilities on Private Property to consider further
modifications to the proposed code amendments; and,
(3) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 17.73 (WIRELESS
TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY) IN TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (CASE NO.
PLCA2026-0001)
FISCAL IMPACT: There is no fiscal impact to adopt the proposed Wireless
Telecommunication Facilities Ordinances in both the public right-of-
way (Title 12 – Streets, Sidewalks, and Public Places) or on private
property (Title 17 – Zoning). VR
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Brandon Mesker, Associate Engineer
Amy Seeraty, Senior Planner
REVIEWED BY: Ramzi Awwad, Director of Public Works
Brandy Forbes, AICP, Community Development Director
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. __ for Chapter 12.18 (page A-1)
a. Exhibit A – Clean Copy of proposed code amendments
b. Exhibit B – Redlined Copy of proposed code amendments
B. Draft Ordinance No. __ for Chapter 17.73 (page B-1)
a. Exhibit A – Clean Copy of proposed code amendments
b. Exhibit B – Redlined Copy of proposed code amendments
C. P. C. Resolution No. 2026-06 (page C-1)
D. April 14, 2026 Planning Commission Report (Linked)
E. February 17, 2026 City Council Report (Linked)
F. February 17, 2026 City Council Meeting – Written Comments from AT&T (page
F-1)
EXECUTIVE SUMMARY:
• Cellular service in the City is provided through wireless telecommunication facilities
(WTFs) on private property and within the public right-of-way as either macro cells
(larger facilities such as towers, rooftop equipment, or faux trees ) or micro cells
(also known as small wireless facilities ((SWFs)) that are typically mounted on
existing utility or streetlight poles).
• Residents have recently reported increasingly poor service and dropped calls,
raising public safety concerns, particularly during emergencies.
• Staff have been working with wireless carriers on potential amendments to the
Rancho Palos Verdes Municipal Code (RPVMC) to facilitate increased installation
of wireless facilities to provide better coverage.
• Wireless carriers have proposed many amendments such as streamlining the
permitting process, allowing taller and larger facilities, eliminating the mock-up
requirement, and limiting opportunities for public review and community feedback.
• Staff reviewed the wireless carriers proposed amendments and recommend
approving, modifying, and rejecting select amendments, with the goal of balancing
and incentivizing increased installation of wireless facilities with the community’s
aesthetic and quality of life concerns.
• The City Council is being asked to review the Planning Commission’s
recommendations regarding the code amendments for WTFs on private property
and to consider their proposed recommendations as part of the proposed
ordinance for private property.
• Staff note that even if the City was to agree to every modification proposed by the
carriers, because the carriers are private companies, they are under no obligation
to install wireless facilities. Carriers typically install new wireless facilities in more
densely populated areas with less regulation or more lenient code requirements.
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BACKGROUND:
Existing Wireless Telecommunication Facilities
Cellular service in the City is provided through WTFs, which may be installed on private
property or within the public right-of-way (PROW) as either macro cells - larger facilities
such as towers, rooftop equipment, or faux trees - or micro cells, also known as SWFs
that are typically mounted on existing utility or streetlight poles. WTFs are regulated by
the Federal Communications Commission (FCC), which limits the extent of local
regulation, though the City may oversee permitting, design and development standards,
maintenance, and aesthetics consistent with FCC rules.
Chapter 12.18 Wireless Telecommunication Facilities in the Public Right -of-Way and
Chapter 17.73 Wireless Telecommunication Facilities on Private Property of the RPVMC
govern WTF installations in the City, and they have long emphasized minimizing aesthetic
impacts. In recent years, residents have increasingly reported poor service and dropped
calls, raising public safety concerns, particularly during emergencies. In response, the
City Council has prioritized improving wireless service and has had the goal of enhancing
telecommunications coverage Citywide.
Call for Code Updates & Wireless Provider Input
On June 18, 2024, the City Council adopted Ordinance No. 682, which repealed
§17.76.020 (Antennas) of Title 17 (Zoning) of the RPVMC and replaced it with Chapter
§17.73 (Wireless Telecommunication Facilities on Private Property), which replaced the
City’s outdated antenna regulations with a modern, streamlined ordinance that align ed
with the current federal and state telecommunications law at that time, while also
improved permitting clarity, as well as minimized aesthetic and community impacts of
wireless facilities. At that time, Staff received feedback from several wireless providers
(carriers) expressing concerns with aspects of the adopted code amendments and
requesting other changes. For wireless facilities on private property, their requests
included streamlining the permit processes, eliminating a mock-up requirement, and
limiting opportunities for public review and community feedback. For wireless facilities in
the PROW, the carriers requested code amendments that would allow for taller and larger
facilities and limit opportunities for public review and community feedback.
Accordingly, City Council directed Staff to work with a group of wireless carriers to better
understand their concerns for both private property and PROW and identify potential code
amendments to address them, with the end goal of improving service throughout the City
with the installation of more WTFs. At the conclusion of these discussions, City Council
wanted the concerns and proposed carrier modifications to be brought back at a future
meeting, so that they could consider initiating appropriate amendments to the RPVMC.
Staff and the City Attorney met with the Cellular Telecommunications Industry Association
(CTIA), a nonprofit trade association representing the U.S. Wireless Communications
Industry, and several of the carriers on December 5, 2024, April 3, 2025, and June 5,
2025, to discuss how the RPVMC could be amended to encourage and incentivize the
installation of WTFs in the PROW and on private property.
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Code Amendment Initiation Proceedings
Pursuant to Staff’s request at the December 5, 2024 meeting, two of the carriers, AT&T
and Verizon, provided proposed edits to Chapters 17.73 and 12.18 of the RPVMC (private
property and the PROW, respectively). Staff and the City Attorney completed their initial
review of the carriers’ requested code amendments and prepared responses, which were
transmitted to the carriers in January 2026 and presented to the City Council at the
February 17, 2026 meeting (Attachment E) for initial feedback and to initiate code
amendment proceedings for WTFs on private property. Staff’s proposed responses
attempted to find a balance between the carriers’ requests and the City’s concerns, goals,
and commitments to the community.
For the updates to Chapter 17.73, Staff worked with both the Planning Commission’s
Zoning Code Update Subcommittee, as well as the more recently formed Planning
Commission Wireless Code Update Subcommittee (“Subcommittee"), the latter of which
consists of Commissioners Chura, George, and O’Conner, in conjunction with the City
Attorney’s Office. The Subcommittee worked to review the carriers’ code amendment
requests, as well as Staff’s proposed edits, taking into consideration state and federal
telecommunication law. Also considered were the overall goals for the code update, which
include minimizing the aesthetic impacts of WTFs through appropriate design, siting,
screening techniques and location standards; encouraging the installation of visually-
unobtrusive WTFs at locations where other such facilities already exist; and encouraging
the installation of such facilities where and in a manner such that potential adverse
aesthetic impacts to the community are minimized. These draft code amendments,
including the edits to wireless permit appeal processes recommended by the City Council
at the February 17, 2026 meeting, were then presented to the entire Planning
Commission on April 14, 2026 as part of the initiated code amendment proceedings for
WTFs on private property (Attachment D).
After considering all testimony at a duly noticed public hearing on April 14, 2026, the
Planning Commission adopted P.C. Resolution No. 2026-06 (Attachment C),
recommending that an ordinance be adopted to amend Chapter 17.73 (Wireless
Telecommunications Facilities on Private Property) in Title 17 (Zoning) of the RPVMC to
update the standards for WTFs on private property. The Planning Commission also
included in the resolution several of the Subcommittee’s comments and
recommendations, as well as some new recommendations, which generally included
promoting small-cell technology, minimizing visual impacts, and pursuing a more
proactive, City-led strategy to address service gaps, as further addressed in the
‘Discussion’ Section of this report.
On April 16, 2026 and April 23, 2026, notices of the proposed code updates were
published in the Palos Verdes Peninsula News announcing Code Amendment
proceedings to be heard by the City Council on May 5, 2026. As of the date of distribution
of this report, no written comments have been received in response to these notices.
However, late correspondence from the February 17, 2026 City Council meeting is
included as Attachment F for City Council review and consideration. If any additional
comments or correspondence are received after transmittal of this report, this information
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will be provided to the City Council as late correspondence prior to the May 5th meeting
and will also be included in Staffs’ presentation.
The City Council is now being asked to review the Planning Commission’s
recommendations per the adopted P.C. Resolution No. 2026-06 (Attachment C)
pertaining to WTFs on private property, and consider for introduction the language of the
attached draft ordinances for RPVMC Chapter 12.18 - Wireless Telecommunication
Facilities in the PROW and Chapter 17.73 - Wireless Telecommunication Facilities on
Private Property. If deemed acceptable, introduce one or both of the ordinances (with or
without modifications) this evening, with second reading adoption consideration at the
May 19, 2026 City Council meeting as Consent Calendar items.
DISCUSSION:
Proposed Code Amendments
The proposed code amendments to the RPVMC are outlined below with the discussion
for the Chapter 12.18 (PROW) amendments first, followed by the discussion for the
Chapter 17.73 (Private Property) amendments. Subsequent to these two discussion
sections are additional information about new and legacy Verizon sites, as well as WTFs
on private property and the possible Verizon project at Hesse Park.
1. Chapter 12.18. Wireless Telecommunication Facilities in the Public Right-of-
Way
Over 120 modifications were proposed by Verizon and AT&T to RPVMC Chapter 12.18.
After reviewing the proposed modifications in conjunction with the City Attorney’s Office
and receiving direction from the City Council during the February 17, 2026 meeting, Staff
recommend accepting 85 and rejecting 39. The 85 modifications being recommended for
approval vary from minor clerical edits to complete removals of certain requirements. All
Code modifications have been presented in the attached draft ordinance for Chapter
12.18 as Exhibit A (clean copy) to Attachment A and Exhibit B (redlined copy) to
Attachment A.
During the February 17, 2026 City Council meeting, Staff presented and discussed 13
topics which contained the most significant and/or impactful Code modifications. The
Code modifications associated with these 13 topics primarily affected SWF design, public
protections, WTF application contents, and SWF locations. During deliberation, the City
Council agreed with Staff’s recommendations for 12 of the topics but did not agree with
the Staff recommendations for SWF locations.
For design, the City Council approved modifications to lessen the requirements
surrounding equipment undergrounding and landscaping plans. At the same time, the
City Council rejected proposed increases to the maximum antenna height and equipment
size. These changes were intended to provide carriers with greater flexibility in design
while preserving the City’s aesthetic values.
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For quality of life purposes, the City Council rejected the proposal to remove the
requirements for public protections during equipment installation, sites being subject to
random inspections, and the City bearing no risk or liability as a result of the installations.
These modifications were rejected to ensure the City has the legal tools necessary to
inspect wireless facilities and ensure WTF deployment meets City public protection
requirements.
For WTF application contents, the City Council rejected proposed modifications that
would have reduced the distance encircling a proposed site where residents must be
notified, and reduced the photo simulation requirement from a 360-degree view photo
simulation to scaled photo simulations from at least three different angles . At the same
time, the City Council agreed to allow noise studies to be supplemented with the
manufacturer specifications, and that WTF applications may be denied when lacking an
application fee, which was a modification proposed by Staff. These changes were
intended to allow more flexibility to applicants when submitting applications while ensuring
that each application contains the appropriate amount of information.
The one recommendation where the City Council did not agree with the Staff’s
recommendation was location. Staff recommended rejecting the carrier’s proposal which
sought to remove the location restrictions for SWF installation and lessen the requirement
to show why a SWF cannot be placed on an existing pole within the service area, when
proposing to install a new pole. Council decided to lessen the existing location restrictions,
allowing SWFs to be installed on decorative poles, traffic signals, cabinets and related
devices; and when an applicant proposes to install a new pole, a map showing why a
SWF cannot be installed on an existing pole within 250 feet is required.
After receiving direction, Staff, in conjunction with the City Attorney’s office, prepared the
attached ordinance (Attachment A), and the respective attachments (Exhibits A and B),
for the City Council to consideration. Exhibit A is a clean copy of the proposed code
amendments, while Exhibit B is a redlined version of the proposed code amendments
with strikethrough language depicted deleted text and underlined language depicted
added text.
2. Chapter 17.73 Wireless Telecommunication Facilities on Private Property
Unlike other chapters in the RPVMC, amendments proposed to the City’s Zoning Code
(Chapter 17 of the RPVMC) require the City Council to first initiate code amendment
proceedings, followed by the Planning Commission conducting public hearings, at which
the Planning Commission forwards a recommendation to the City Council for
consideration at a duly noticed public hearing (the Planning Commission functions in an
advisory role when it comes to amendments to the Zoning Code).
As previously stated, on February 17, 2026, the City Council provided some preliminary
feedback and initiated the code amendment process, and at a public hearing on April 14,
2026, the Planning Commission reviewed the proposed code amendments presented by
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Staff (Attachment D) and provided recommendations in P.C. Resolution No. 2026-06
(Attachment C).
Carrier Concerns and Requested Code Amendments
For Chapter 17.73, Wireless Telecommunication Facilities on Private Property, there
were a total of 65 code amendments proposed by Verizon and AT&T, and of those, Staff
modified 54 amendments and is recommending that the remaining 11 amendments be
rejected. Staff also proposed initiating 11 new definitions and/or miscellaneous
amendments. The text amendments proposed by the carriers and Staff’s proposed
responses include minor clerical edits, the addition of new definitions, streamlining code
requirements, and deleting and/or replacing sections of code. A clean copy of these
proposed amendments is attached to the draft ordinance (Attachment B) as Exhibit A,
with a redlined copy attached to the draft ordinance as Exhibit B - strikethrough language
depicted deleted text and underlined language depicted added text..
A summary of the carrier concerns and carrier-requested code amendments are outlined
in Table No. 1 below, followed by a summary of the most salient Staff-proposed code
amendments in Table No. 2.
Table No. 1 - Carrier Concerns & Requests
Code Amendment
Concern
Concern and Request Description
Height Limitations (Verizon) Allow any tower or antenna of any wireless
telecommunications facility to extend up to 60 feet in
height, or up to 15 feet over the roofline if installed on a
building. (AT&T) Allow any non-concealed tower or
antenna of any wireless telecommunications facility to
extend up to 20 feet above the zone height limit. Allow a
concealed wireless telecommunications facility to extend
up to fifteen (15) feet over rooftop height, or up to fifty (50)
feet for a fully concealed freestanding wireless
telecommunications facility. Verizon and AT&T believe
the existing 16-foot height limits (maximum without
processing of additional permits) to be arbitrary and
prohibitive.
Mock Up Requirements (Verizon and AT&T) Both carriers oppose the mock-up
requirement due to the additional expenses and time in
the construction of the temporary structure. Verizon also
stated specifically that the FCC found costly local
requirements to be prohibitive and preempted. Verizon
believes that the requirement for carriers to provide photo
simulations outlined in RPVMC § 17.73.040(B)(9)
provides sufficient visual representation of a proposed
facility.
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Code Amendment
Concern
Concern and Request Description
Appeal Processes (Verizon and AT&T) Appeals of an Administrative
Wireless Facility Permit should go directly to the City
Council due to concerns about shot clock deadlines, and
there should be no option to appeal an Eligible Facility
Permit.
Master Plan Requirement (Verizon and AT&T) Remove this existing submittal
requirement. Verizon stated that network planning
constantly evolves based on changing technology,
regulations, and customer demand and that a future
master plan would require information irrelevant to a
particular proposed facility. They also cite this is
proprietary information.
Community Meeting
Requirements
(Verizon and AT&T) Change the community meeting
requirement from mandatory to voluntary and eliminate
the option for the director to potentially require a
community meeting for an Administrative Wireless
Facility Permit or an Eligible Facility Permit.
Pre-application Meeting
Requirements (Eligible
Facility permits)
(Verizon and AT&T) Change the pre-application meeting
required for Eligible Facility Permit requests to voluntary
instead of mandatory.
Design and Location
Standards
(Verizon and AT&T) Remove the requirement to place
accessory equipment underground and require instead
that it just be screened if visible from off-site vantage
points as undergrounding involves significant cost and is
unnecessary. Remove the requirement to design
facilities to be as visually unobtrusive as possible, as
Verizon has stated that allowing subjective criteria that
could be used to deny otherwise-compliant facilities. In
their second set of responses submitted to Staff in early
February 2026, Verizon also proposed a revised radius
for alternative locations to 1/4 mile or 1,320, versus their
originally proposed 500-foot radius. Antenna volume
should not be limited. The proposed 200-foot separation
requirement for wireless facilities is impractical in dense
areas, could push macro sites into less desirable
locations, and should not apply to concealed facilities or
collocations.
Consultant Purpose and
Costs
(Verizon and AT&T) AT&T’s proposed edit requires that
the City should be the entity paying the consultant.
Verizon requests to eliminate the assistance of the
consultant with permit application completeness or
accuracy from the scope of work, and stated that a City’s
consultant should be hired only for technical review and
not to perform the functions of the City Staff. Verizon
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Code Amendment
Concern
Concern and Request Description
further stated that a consultant’s review should be limited
to material submitted by the applicant in order to confirm
compliance with code requirements that require technical
expertise.
Requirement for
compliance with City’s
View Preservation and
Restoration Ordinance.
(Verizon) Remove the requirements for projects to
comply with the City’s View Ordinance. Complying with
the City’s View Ordinance could lead to denials of
projects that otherwise meet the specific wireless facility
standards.
Table No. 2 - Summary of Staff Proposed Code Amendments
Amendment &
Code Section
Amendment Description
Height Limitations Allows a concealed or unconcealed tower or antenna of
any wireless telecommunications facility, if mounted on
an existing building facade, to extend up to the highest
point of an existing building, with an Administrative
Wireless Facility Permit, and if mounted on the roof of an
existing building, requires an Administrative Wireless
Facility Permit to be approved with all required findings
met. A concealed or unconcealed tower, or antenna of
any wireless telecommunications facility not mounted on
the facade or roof of an existing building would still be
limited to 16 feet in height, unless a taller height is
approved either through the “Exemptions to prevent an
effective prohibition” section of the code (17.73.070), or
through a Conditional Wireless Facility Permit process.
Mock Up Requirements Eliminates the existing mock-up requirement section but
modifies RPVMC § 17.73.040(B)(9) “photographs and
visual simulations” of the application content
requirements to include various additional options for
physical visual representation of a proposed facility.
Appeal Processes Allows appeals for both Administrative Wireless Facility
Permits and Eligible Facility Permits to go directly to the
City Council (bypassing the Planning Commission) to
address shot clock constraints).
Master Plan Requirement Modifies the existing Master Plan Requirement to a more
streamlined technical report requirement, as the decision
maker and the community will still want to know why a
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Amendment &
Code Section
Amendment Description
WTF is required to be constructed in any particular
location.
Community Meeting
Requirements
Makes the community meeting requirement voluntary
and also removes the option for the director to potentially
require a community meeting for an Administrative
Wireless Facility Permit or an Eligible Facility Permit, as
these projects are less likely to have impacts on the
neighboring community. (Also see an additional
proposed edit in Planning Commission Recommendation
No. 13 in Table No. 3 below.)
Pre-application Meeting
Requirements (Eligible
Facility permits)
Makes the pre-application meeting currently required for
Eligible Facility Permit requests voluntary instead of
mandatory, as requiring this pre-application meeting
would start the shot clock permit processing timeframe
for Eligible Facility Request permits.
Design and Location
Standards
Removes the requirement to place accessory equipment
underground and requires instead that it shall be fully
screened, as the carriers have stated that
undergrounding equipment involves significant cost. (the
Planning Commission recommends that the word
“should” be changed back to “shall” to maintain the
strength of these requirements).
Planning Commission Recommendations
Staff’s proposed code edits attempted to find a compromise between the carriers’ desires
and the City’s concerns, goals, and commitments to the community as they related to
WTFs, as well as incorporate the Subcommittee and the Planning Commission’s
feedback.
Staff worked with the Planning Commission’s Wireless Code Update Subcommittee to
evaluate the proposed code amendments, and brought their recommendations to the
Planning Commission on April 14, which in turn developed recommendations focused on
improving wireless coverage while balancing community impacts, such as promoting
small-cell technology, minimizing visual impacts, and pursuing a more proactive, City-led
strategy to address service gaps. These recommendations are summarized in Table No.
3 below. Staff requests that the City Council review the Planning Commission’s
recommendations, Staff’s responses, and the revised draft code language included in the
attached draft ordinance (Attachment B).
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Table No. 3 - Planning Commission Recommendations
Recommendation Staff Response
1
Explore methods by
which to expand high-
speed internet access
in addition to
improving cellular
coverage citywide.
The general streamlining of the permitting process proposed
in the draft updated code should help enable deployment of
smaller, distributed infrastructure, which is often used for
fixed wireless internet. However, if the City Council wishes
to explore additional incentive-based methods to expand
high-speed internet access,(i.e., providing reduced
application fees, expedited permitting processes, pre-
approved locations, and/or enhanced access to City-owned
facilities) this may require a new City Council Goal, and/or a
new budget item.
2
Continue to prioritize
neighborhood
compatibility,
aesthetics, and quality
of life alongside
service
improvements.
The draft updated code accomplishes this through
requirements including concealment and integration into
surroundings, color/material compatibility, screening of
equipment, and view protection/visual impact standards.
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.
If the City Council wishes to explore this recommendation to
proactively identify service gaps, this may require the
addition of a new budget item to proceed with hiring a
consultant. This could be pursued as part of separate action
Council directive or a modification to the City Council Goals
when presented in June 2026 for FY 2026-27.
4
Consider incentives
such as reduced fees
and/or access to
utilities or
infrastructure.
If the City Council wishes to consider incentives, monetary
or otherwise, this may require the a new budget item
directive to proceed.
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Recommendation Staff Response
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.
The draft code continues to only require Administrative
permits for smaller, concealed facilities, and is intended to
limit larger and/or unconcealed facilities through Conditional
Wireless Facility Permits, which requires additional
review/findings. Future code amendments may be needed
once emerging technologies become more prevalent.
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.
The existing code continues to encourage collocation by
requiring collocation analysis before approving new sites,
establishing collocation as a preferred siting approach,
limiting approval of new standalone facilities, protecting and
streamlining collocation through the EFR process, and
preventing barriers to sharing sites when collocation is
feasible.
7
Streamline review
processes while
maintaining public
participation and
review standards.
The draft code amendments, including the recommendation
from the City Council that appeals of Administrative and EFR
permits bypass the Planning Commission step and are heard
only by the City Council, continue to maintain public
participation, albeit in a streamlined manner.
8
Maintain robust
appeal opportunities
and the City Council is
As stated above, modified and streamlined appeal
opportunities which maintain the standard 15-day appeal
period are proposed to remain.
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Recommendation Staff Response
the final
decisionmaker.
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.
If the City Council wishes to explore more safety-based and
detailed objective siting requirements, this may require a
new City Council Goal, and/or a new budget item to allow
further investigation by Staff and a wireless consultant.
10
Require photo
simulations to show
neighborhood around
it for context and also
be prepared to scale.
Additional text has been added to the amended draft code
that reads “…shall be to scale…” and “…the immediate
neighborhood…” to further ensure that a photo simulation
accurately represents a proposed facility.
11
Regarding screening,
perimeter screening is
not acceptable, the
equipment itself must
be screened.
Additional text reading “…with immediately adjacent
screening of an antenna preferred, versus perimeter
screening of the site…” has been added to the “Screening”
definition.
12
Revert "should" back
to "shall" unless it
was revised due to
federal and state
regulations.
The City Attorney has reviewed this, and various sections of
the code that were changed to be preferred or encouraged
with the word “should”, have been reverted back to the word
“shall”, which is a mandatory obligation, in order to maximize
community protection.
13
Require public
notification and City
may opt to hold the
community meeting.
Public notification is already required for each type of WTF
permit. Additional text has been added to the amended draft
code that reads “f. If the applicant does not take any of the
actions described above, the City may elect to undertake
any and all of the above actions.”
Subsequent to the April 14th Planning Commission discussion, additional feedback was
provided by Commissioner Chura and summarized below for further consideration.
Consideration of these items may also require new City Council Goals and/or new budget
items to allow further investigation by Staff and a wireless consultant.
13
• Expand focus to residential internet competition: There is public support for
addressing Cox’s monopoly and exploring alternatives like fixed wireless (cell -
based home internet), not just mobile coverage.
• Improve cellular service in underserved areas (especially landslide zones):
Existing options (e.g., satellite) are unreliable, and additional cell infrastructure —
potentially small cells in public rights-of-way—should be considered, though
feasibility depends on power availability.
• Engage carriers and explore funding strategies: The City should directly ask
the carriers what it would take to eliminate dead zones and consider grants or
limited public funding if costs are reasonable.
• Be cautious about inequitable infrastructure impacts: Avoid situations where
Rancho Palos Verdes hosts cell towers that primarily benefit neighboring cities.
• Collect better data on community needs: Future surveys should include
questions on both mobile and residential service to provide quantitative support for
policy decisions.
City Council may consider providing direction to Staff regarding any of the Planning
Commission non-code related recommendations that the City Council may wish to
explore, recognizing that some recommendations may require new City Council Goals
and/or new budget line items to proceed.
Additional Code Amendments
After further review of late correspondence submitted by AT&T (Attachment F) prior to
the February 17th City Council meeting, Staff is requesting the City Council consider the
following proposed code amendments as detailed in Table No. 3 below. It should be noted
that because these comments were provided to City Council for discussion at the
February 17th City Council meeting, and not part of the working group of the carriers and
not in response to the public hearing notice for the Planning Commission, these
recommendations were not included as part of the Planning Commission’s review of
proposed code amendments at its meeting on April 14 th.
Table No. 3 – Additional Code Amendments
Proposed Amendment
Summary Staff Explanation
1
Correct “Collocation”
Definition.
AT&T stated that the definition of “Collocation” in the
originally proposed code amendment does not apply
to non-EFR permit applications. With input from the
City Attorney, Staff has modified this definition as
follows to apply to all permit types: “Collocation”
includes the mounting or installation of
transmission equipment for the purpose of
14
transmitting and/or receiving radio frequency
signals or communications purposes, whether or
not there is an existing antenna on the structure.”
2
Coverage Maps AT&T stated that coverage maps should not be
required for EFR permit applications. However, EFRs
already have their own submittal requirements under
Section 17.73.220 that do not include coverage maps.
To help further clarify this, Staff suggests adding the
following text to section 17.73.040.B to further
illustrate that EFRs have a separate submittal
requirements list: “…(excluding eligible wireless
telecommunications facilities applications, which
are instead subject to the submittal requirements
in subsection 17.73.220.E)”
3
200-foot Separation AT&T stated that it doesn’t make sense to prohibit
wireless facilities within 200 feet of any other wireless
facility. However, Staff does not suggest eliminating
this section, since it does not apply to EFRs, and
applies only in some instances for other types of
wireless facilities. However, just to clarify this, Staff
proposes to add the following text to section
17.73.030.E.2.b.iii.(D): “, unless otherwise
approved pursuant to Section 17.73.220”
Next Steps
If one or both of the ordinances (with or without modifications) are introduced this evening,
the second reading adoption consideration(s) is tentatively scheduled for the May 19,
2026 City Council meeting as a Consent Calendar item(s).
ADDITIONAL INFORMATION:
Public Notification and Comments
On April 16, 2026 and April 23, 2026, a public notice of the proposed update to the
RPVMC Chapter 17.73 - Wireless Telecommunication Facilities on Private Property, was
published in the Palos Verdes Peninsula News announcing Code Amendment
proceedings to be heard by the City Council on May 5, 2026. As of the date of distribution
of this report, Staff has received no written comments.
However, late correspondence from the February 17, 2026 City Council meeting is
included as Attachment F for City Council review and consideration. If any additional
comments or correspondence are received after transmittal of this report, this information
will be provided to the City Council as late correspondence prior to the May 5th meeting
and will also be included in Staffs’ presentation.
15
Carrier Participation at the May 5th City Council Meeting
Staff invited and encouraged representatives of Crown Castle, AT&T, T-Mobile, and
Verizon to attend the City Council meeting this evening and be available to answer
questions and provide additional information. In the event the representatives attend the
meeting, they may ask for additional time to present. Requests for additional time are at
the Mayor’s discretion.
New Verizon Sites in the PROW
Verizon recently proposed a number of new SWFs and Staff are working with Verizon to
process the applications as quickly as possible. Staff are prioritizing the processing of
these new facilities and continue to remain in close communication with Verizon and their
application team. The proposed new SWFs in the PROW are summarized below:
1. Applications for new sites have been approved near the following locations and
Verizon is working through their process to schedule installation, which could take
up to 9 months:
a. 3474 Crest Road
b. 20 Crestwind Drive
c. 2017 MacArthur Street
d. 28018 Avenida Cuaderno
e. Palos Verdes Drive South
2. Location review and scheduling of pre-application meetings for nine new facilities
is in progress for the following:
a. Two sites within PROW (located within the landslide complex)
b. Seven sites, within the PROW (located outside of the landslide complex)
12 Legacy SWF Sites within the PROW
Staff continue to work with Crown Castle, a company contracted by multiple wireless
carriers to install SWF sites, to progress the installation of 12 legacy SWF sites within the
PROW. These 12 legacy sites were originally proposed in 2018. Figure 1 below shows
the location of the 12 legacy SWF sites.
16
Figure 1: Crown Castle Legacy Sites
In advance of the SWF installations, fiber optic lines are required to be constructed and
installed to deliver internet and cellular signals to the new sites. Staff are working with
Crown Castle to facilitate the installation of these fiber optic lines using a new installation
method, known as micro-trenching, which allows the fiber optic lines to be installed more
quickly, at a lower cost, and with less impact to traffic.
These fiber optic lines have been installed at the sites shown in blue on Figure 1. Staff
continue to observe pushed back timelines for these sites. The most recent information
provided by Crown Castle indicates that they anticipate submitting the SWF application
to the City in October 2026 and starting construction in June 2027. For the remaining nine
sites, Crown Castle has informed Staff that they anticipate installing fiber optic lines at
these sites once the three sites, shown in blue, are completed and operational. Staff
remain in close communication with Crown Castle and their application team so that Staff
can quickly review the SWF applications.
Based on conversations with Crown Castle, it can typically take up to 260 days for a new
site to go from application to fully operational. In an effort to make the Council aware of
the typical timelines for new Crown Castle SWF installations, a brief breakdown is shown
below:
1. Application submitted, reviewed, and approved: <60 days.
2. Installer/carrier equipment sourcing: 60 – 90 days
17
3. Installer/carrier contracting for installation: 30 – 45 days
4. Construction: 21 – 45 days
5. Operation: 7 – 14 days
The installation of these sites in the PROW is expected to improve coverage; however, it
is difficult to quantify the improvements in terms of signal strength due to there being
many variables that affect performance. Newer technology and more devices per person
have added more parameters on how signal strength is calculated and understood. For
example, signal strength may increase or decrease based on the type of device, the
number of devices in the area, obstacles between the device and facility (indoors vs.
outdoors), distance from the facility, or other factors.
Crown Castle informed Staff that once the legacy sites have been installed, it may take
two to three years for additional sites to be installed due to the need for agreements
between Crown Castle and the wireless carrier, internal reviews, and budget approvals.
WTFs on Private Property
Staff are in the process of working with several different carriers on processing Eligible
Facility Request (EFR) Permits for various sites around the City. Staff are also working
with T-Mobile to process a Director-level extension to an existing Conditional Use Permit
for a macro site at Ryan Park.
Verizon Project at Hesse Park
Staff have previously reported to the City Council that Verizon was considering relocating
an existing macro facility attached to a building on Ocean Crest Drive to a proposed 50-
foot camouflaged monopole at Hesse Park, which would require a Conditional Wireless
Facility Permit and City Council authorization. Since the October 2025 City Council
meeting, no applications have been submitted . However, when Staff last spoke with
Verizon representatives, they indicated that they are still internally reviewing this project
and anticipate scheduling a site walk with Staff sometime in the near future.
CONCLUSION:
Introduce an ordinance amending Chapter 12.18 (Wireless Telecommunication Facilities
in the Public Right-of-Way) of Title 12 of the RPVMC, consider the Planning
Commission’s recommendations regarding updates to Chapter 17.73 (Wireless
Telecommunications Facilities on Private Property), and introduce an ordinance
amending Chapter 17.73 of Title 17 (Zoning) of RPVMC (Case No. PLCA2026-0001).
ALTERNATIVES:
In addition to the Staff recommendation s, the following alternative actions are available
for the City Council’s consideration:
18
1. Identify specific code criteria within RPVMC Chapters 12.18 and/or 17.73 that
should or should not be amended.
2. Direct Staff to continue working with the carriers on proposed text amendments
and to return to the City Council at a future meeting for further consideration.
3. Remand the proposed Chapter 17.73 text amendments back to the Planning
Commission for further review and edits.
4. Accept staff recommendations and provide direction to Staff regarding any of the
Planning Commission non-code related recommendations.
5. Direct Staff to take no action at this time.
6. Take other action, as deemed appropriate.
19
01203.0006 2123354.1
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 12.18 (WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ENCOURAGE WIRELESS
DEVELOPMENT AND UPDATE THE REGULATORY
FRAMEWORK AND STANDARDS FOR PERMITTING
WIRELESS FACILITIES WITHIN THE CITY’S PUBLIC
RIGHT-OF-WAY IN ACCORDANCE WITH FEDERAL AND
CALIFORNIA LAW.
WHEREAS, the City Council may make and enforce within its limits all local,
police, sanitary and other ordinances and regulations not in conflict with general laws;
and,
WHEREAS, on April 16, 2019, the City Council adopted Ordinance No. 621,
which repealed and replaced Chapter 12.18 (Wireless Telecommunications Facilities in
the Public Right-of-Way) to update the City’s regulatory framework and standards for
permitting wireless facilities within the Public Right-of-Way to ensure comply with
changes to federal and state law; and,
WHEREAS, pursuant to requests by various wireless carriers and the direction of
the City Council, the City seeks to streamline existing regulations and procedures to
encourage wireless development, consistent 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, all legal prerequisites to the adoption of this ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated herein by this
reference.
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01203.0006 2123354.1 Ordinance No. XX
Page 2 of 3
B. It is the intent and purpose of this Ordinance that Chapter 12.18 (Wireless
Telecommunications Facilities in the Public Right-Of-Way) of the Rancho
Palos Verdes Municipal Code is amended to encourage wireless
development and update the regulatory framework and standards for
permitting wireless facilities, including small wireless facilities (SWF),
within the City’s public right-of-way in accordance with federal and
California state law.
Section 2: Section 12.18 of the Rancho Palos Verdes Municipal Code is hereby
amended as set forth in Attachment “A,” which provides a clean version of the amended
Chapter 12.18, and Attachment “B,” which provides a redlined version of Chapter 12.18
illustrating the revisions adopted by this Ordinance.
Section 3: CEQA Exemption. The proposed ordinance is not defined as a
“project” based on the definition provided in Section 15378 of the State of California
Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting
in physical change in the environment, directly or indirectly. The ordinance creates an
administrative process to process requests for wireless facilities in the PROW and the
City’s discretion with these applications is limited. The ordinance does not authorize any
specific development or installation on any specific piece of property within the City’s
boundaries.
Alternatively, the ordinance is exempt from CEQA because the City Council’s
adoption of the ordinance is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment (State
CEQA Guidelines, § 15061(b)(3)). Installations, if any, would further be exempt from
CEQA review in accordance with either State CEQA Guidelines Section 15302
(replacement or reconstruction), State CEQA Guidelines Section 15303 (new
construction or conversion of small structures), and/or State CEQA Guidelines Section
15304 (minor alterations to land), as these facilities are allowed under Federal and State
law, are by their nature smaller when placed in the PROW and subject to various siting
and design preferences to prevent aesthetic impact to the extent feasible.
Section 4: Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each and every section, subsection, sentence, clause and
phrase thereof not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5: Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
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01203.0006 2123354.1 Ordinance No. XX
Page 3 of 3
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 6: Effective Date. This Ordinance shall go into effect on the 31 st day
after its passage.
Section 7: Any challenge to this Ordinance, and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
PASSED, APPROVED AND ADOPTED this 19th day of May, 2026.
Paul Seo, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. XX passed first reading on May 5, 2026, was duly adopted by
the City Council of said City at a regular meeting thereof held on Month 19, 2026, and
that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Teresa Takaoka, City Clerk
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01203.0006 2123356.1
Page 1 of 36
Attachment “A”
CHAPTER 12.18. WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY
12.18.010. Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and
standards for the permitting, development, siting, installation, design, operation and maintenance of wireless
telecommunications facilities in the city's public right-of-way. These regulations are intended to prescribe clear and
reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the
impacts associated with wireless telecommunications facilities. This chapter provides standards necessary:
(1) For the preservation of the public right-of-way (PROW) in the city for the maximum benefit and use of
the public;
(2) To promote and protect public health and safety, community welfare, visual resources and the
aesthetic quality of the city consistent with the goals, objectives and policies of the general plan;
(3) To provide for the orderly, managed and efficient development of wireless telecommunications
facilities in accordance with the state and federal laws, rules and regulations, including those
regulations of the Federal Communications Commission (FCC) and California Public Utilities
Commission (CPUC); and
(4) To ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for
the placement of wireless facilities.
The city recognizes the importance of wireless facilities to provide high-quality communications service to
the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable
federal and state laws. This chapter shall be constructed and applied in consistency with the provisions of state
and federal laws, and the rules and regulations of FCC and CPUC. In the event of any inconsistency between any
such laws, rules and regulations and this chapter, the laws, rules and regulations shall control.
(Code 1981, § 12.18.010; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators
and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, vaults,
radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters,
regular power supply units, fans, air conditioning units, cables and wiring to which an antenna is attached in order
to facilitate the provision of wireless telecommunication services.
Antenna means that specific device for transmitting and/or receiving radio frequency or other signals for
purposes of wireless telecommunications services. The term "antenna" is specific to the antenna portion of a
wireless telecommunications facility.
Antenna array means two or more antennas having active elements extending in one or more directions, and
directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and
antenna support, all of which elements are deemed to be part of the antenna.
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Approval authority means the city official responsible for reviewing applications for small cell permits and
vested with the authority to approve, conditionally approve or deny such applications.
Arterial road means a road designed primarily for long-distance travel with high traffic capacity and low
accessibility from neighboring roads and is not intended to be a residential street; however, some older arterial
streets do provide direct access to residential units. Arterials are typically characterized by both two-lane and four-
lane roadways and collects traffic from collector roads. The term "arterial road" is defined in the city general plan,
circulation element.
Base station shall have the meaning as set forth in 47 CFR 1.6100(b)(1), or any successor provision. The term "base
station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless
communications between user equipment and a communications network (regardless of the technological
configuration and encompassing DAS and small cells). The term "base station" does not encompass a tower or any
equipment associated with a tower. The term "base station" includes, without limitation:
1. Equipment associated with wireless communications services such as private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration (including distributed antenna
systems and small cells).
3. Any structure other than a tower that, at the time the relevant application is filed with the city under
this chapter, supports or houses equipment described in subsections 1 and 2 of this definition that has
been reviewed and approved under the applicable zoning or siting process, or under another state or
local regulatory review process, even if the structure was not built for the sole or primary purpose of
providing that support.
4. The term "base station" does not include any structure that, at the time the relevant application is filed
under this chapter, does not support or house equipment described in subsections 1 and 2 of this
definition. Other structures that do not host wireless telecommunications facilities are not base
stations.
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually
supports wireless equipment even though it was not originally intended for that purpose. Examples include, but
are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A
structure without wireless equipment replaced with a new structure designed to bear the additional weight from
wireless equipment constitutes a base station.
COW means a cell on wheels, which is a portable, self-contained wireless telecommunications facility that
can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily
rolled in, or temporarily installed, at a location. Under this chapter, the maximum time a facility can be installed to
be considered a COW is five days or the duration of a declared emergency, as approved by the Director. A COW is
normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
Cellular means an analog or digital wireless telecommunications technology that is based on a system of
interconnected neighboring cell sites.
City means the City of Rancho Palos Verdes.
Code means the Rancho Palos Verdes Municipal Code.
Collector road means a road designed primarily as a connection between local roads and arterials that serve
moderate to low traffic capacity and high accessibility from local roads. The term "collector road" is defined in the
city general plan, circulation element.
Collocation means:
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1. For the purposes of any eligible facilities request, the same as defined by the FCC in 47 CFR
1.6100(b)(2), as may be amended, which defines that term 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." As an illustration and not a limitation,
the FCC's definition means to add transmission equipment to an existing facility and does not
necessarily refer to two or more different facility operators in the same location; and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may be amended, which
defines that term as:
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
Collocation facility means the eligible support structure on, or immediately adjacent to, which a collocation is
proposed, or a wireless telecommunications facility that includes collocation facilities. (See Government Code §
65850.6(d).)
Concealed or concealment means camouflaging techniques that integrate the transmission 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) Antennas mounted within a radome on a streetlight;
(3) Equipment cabinets in the public rights-of-way painted or wrapped to match the background; and
(4) An isolated or standalone faux-tree.
Decorative pole means any pole that includes decorative or ornamental features, design elements and/or
materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.
Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a
common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications
service within a specific geographic area or building. The term "DAS" includes the transport medium, the hub, and
any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless
telecommunications services.
Eligible facilities request means any request for modification to an existing eligible support structure that does not
substantially change the physical dimensions of such structure, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment;
3. Replacement of transmission equipment (replacement does not include completely replacing the
underlying support structure); or
4. Hardening through structural enhancement where such hardening is necessary to accomplish the
eligible facilities request but does not include replacement of the underlying support structure.
The term "eligible facilities request" does not include modifications or replacements when an eligible support
structure was constructed or deployed without proper local review, or involves equipment that was not properly
approved. The term "eligible facilities request" does include collocation facilities satisfying all the requirements for
a non-discretionary collocation facility pursuant to Government Code § 65850.6.
Eligible support structure means any support structure located in the PROW that is existing at the time the
relevant application is filed with the city under this chapter.
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Existing means a support structure, wireless telecommunications facility, or accessory equipment that has been
reviewed and approved under the city's applicable zoning or permitting process, or under another applicable state
or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under
this chapter. However, a support structure, wireless telecommunications facility, or accessory equipment that has
not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this chapter. The term "existing" does not apply to any structure that:
(1) Was illegally constructed without all proper local agency approvals; or
(2) Was constructed in noncompliance with such approvals.
The term "existing" does not apply where an existing support structure is proposed to be replaced in furtherance
of the proposed wireless telecommunications facility.
FCC means the Federal Communications Commission.
FCC shot clock means the presumptively reasonable time frame within which the city generally must act on a
given wireless application, as defined by the FCC and as may be amended from time to time. The shot clock shall
commence on day zero, which is the day the WTFP application is submitted.
Facility means a wireless telecommunications facility.
Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically
constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly
on the ground at grade level.
Lattice tower means an open framework structure used to support one or more antennas, typically with
three or four support legs.
Located within (or in) the public right-of-way includes any facility which in whole or in part, itself or as part of
another structure, rests upon, in, over or under the PROW.
Ministerial permit means any city-issued non-discretionary permit required to commence or complete any
construction or other activity subject to the city's jurisdiction. The term "ministerial permit" may include, without
limitation, a building permit, construction permit, electrical permit, encroachment permit, excavation permit
and/or traffic control permit.
Modification means a change to an existing wireless telecommunications facility that involves any of the
following: collocation, replacement, expansion, alteration, enlargement, intensification, reduction, or
augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. The
term "modification" does not include repair, or maintenance if those actions do not involve whatsoever any
expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless
telecommunications facility.
Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A
monopole includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other
faux objects attached on a monopole (e.g., water tower).
Mounted means attached or supported.
OTARD antennas means antennas covered by the over-the-air reception devices rule in 47 CFR 1.4000 et seq.
as may be amended or replaced from time to time.
Permittee means any person or entity granted a wireless telecommunication facilities permit (WTFP)
pursuant to this chapter.
Personal wireless services shall have the same meaning as set forth in 47 USC 332(c)(7)(C)(i), as may be
amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and
common carrier wireless exchange access services.
Planning director means the director of community development, or their designee.
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Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment
mounted thereon in a safe and adequate manner and as required by provisions of this Code.
Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription,
condemnation, or easement that allows for the passage of people and goods. The term "PROW" includes, but is
not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips. The
term "PROW" does not include land owned, controlled or operated by the city for uses unrelated to streets or the
passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards,
and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.
Public works director means the director of public works or their designee.
RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the
electromagnetic spectrum range.
Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or
eligible support structures where the replacement structure will not result in a substantial change as defined by
the Federal Communications Commission.
1. In the context of determining whether an application qualifies as an eligible facilities request, the term
"replacement" relates only to the replacement of transmission equipment and does not include
replacing the support structure on which the equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed upon a new eligible
support structure or qualifies as a collocation, an application proposing the replacement of the
underlying support structure qualifies as a new pole proposal.
SWF means a small wireless facility as defined by the FCC in 47 CFR 1.6002(l), as may be amended, which are
personal wireless services facilities that meet all the following conditions that, solely for convenience, have been
set forth below:
1. The facility:
a. Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as
defined in 47 CFR 1.1320(d);
b. Is mounted on an existing or proposed structure no more than ten percent taller than other
adjacent structures; or
c. Does not extend an existing structure on which it is located to a height of more than 50 feet or by
more than ten percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in
the definition of antenna in 47 CFR 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 CFR part 17;
5. The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
Section 6409 means section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No.
112-96, 126 Stat. 156, codified as 47 USC 1455(a), as may be amended. The Middle Class Tax Relief and Job
Creation Act of 2012 is also referenced herein occasionally as the Spectrum Act.
Small cell means a low-powered antenna (node) that has a range of ten meters to two kilometers. The nodes
of a small cell may or may not be connected by fiber. The term "small," for purposes of "small cell," refers to the
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area covered, not the size of the facility. The term "small cell" includes, but is not limited to, devices generally
known as microcells, picocells and femtocells.
Small cell network means a network of small cells.
Substantial change has the same meaning as substantial change as defined by the FCC at 47 CFR 1.6100(b)(7).
Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an
underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure,
such modification may be deemed a non-substantial change, in the discretion of the public works director and
based upon their reasonable consideration of the cabinet's proximity to residential view sheds, interference to
public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically
infeasible such that it is materially inhibitive to the project, the public works director may allow for a ground-
mounted cabinet.
The thresholds and conditions for a substantial change described in this section are disjunctive such that the
violation of any individual threshold or condition results in a substantial change. The height and width thresholds
for a substantial change described in this section are cumulative for each individual support structure.
Support structure means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 CFR
1.6100(b)(9), including, without limitation, a freestanding mast, pole, monopole, guyed tower, lattice tower, free
standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures that are constructed for
wireless communications services, including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated
site. This definition does not include utility poles.
Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized
wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term "transmission equipment" includes equipment associated
with wireless communications services, including, but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or
cables necessary to the provision of electrical or other utility services regulated by the state public utilities
commission. A telecommunications tower is not a utility pole.
WTFP means a wireless telecommunications facility permit required by this chapter, which may be
categorized as either a major WTFP or a minor WTFP.
Wireless telecommunications facility means equipment and network components such as antennas, accessory
equipment, support structures, and emergency power systems that are integral to providing wireless
telecommunications services. Exceptions: The term "wireless telecommunications facility" does not apply to the
following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider owned and operated telecommunications facilities.
3. Mobile services providing public information coverage of news events of a temporary nature.
4. Any wireless telecommunications facilities exempted from this Code by federal law or state law.
Wireless telecommunications services means the provision of services using a wireless telecommunications
facility or a collocation facility, and shall include, but not be limited to, the following services: personal wireless
services as defined in the Federal Telecommunications Act of 1996 at 47 USC 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio telecommunications.
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(Code 1981, § 12.18.020; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.030. Applicability.
A. This chapter applies to the siting, construction or modification of any and all wireless telecommunications
facilities proposed to be located in the public right-of-way.
B. Pre-existing facilities in the PROW. Nothing in this chapter shall validate any existing illegal or unpermitted
wireless facilities. All existing wireless facilities shall comply with and receive an encroachment permit, when
applicable, in order to be considered legal and conforming.
C. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
3. Facilities owned and operated by the city for its use or for public safety purposes;
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;
5. Installation of a COW or a similar structure for a temporary period in connection with an emergency or
event at the discretion of the public works director, but no longer than required for the emergency or
event, provided that installation does not involve excavation, movement, or removal of existing
facilities.
D. Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant
to this chapter will be subordinate to the city's use and use by the public.
(Code 1981, § 12.18.030; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.040. Wireless telecommunications facility permit requirements.
A. Administration. Unless a matter is referred to the planning director as provided below, the public works
director is responsible for administering this chapter. As part of the administration of this chapter, the public
works director may:
1. Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement and modification of wireless
telecommunications facilities consistent with the requirements of this chapter, including regulations
governing collocation and resolution of conflicting applications for placement of wireless facilities;
3. Develop and implement acceptable design, location and development standards for wireless
telecommunications facilities in the PROW, taking into account the zoning districts bounding the
PROW;
4. Develop forms and procedures for submission of applications for placement or modification of wireless
facilities, and proposed changes to any support structure consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee established by this chapter;
6. Establish deadlines for submission of information related to an application, and extend or shorten
deadlines where appropriate and consistent with federal laws and regulations;
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7. Issue any notices of incompleteness, requests for information, or conduct or commission such studies
as may be required to determine whether a permit should be issued;
8. Except in the case of an eligible facilities request under Section 6409, require, as part of, and as a
condition of completeness of any application, that an applicant for a wireless telecommunication
facilities permit send notice to members of the public that may be affected by the placement or
modification of the wireless facility and proposed changes to any support structure;
9. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or
deny an application; and
10. Take such other steps as may be required to timely act upon applications for placement of wireless
telecommunications facilities, including issuing written decisions and entering into agreements to
mutually extend the time for action on an application.
B. Minor wireless telecommunications facilities permits (minor WTFP).
1. A minor WTFP, subject to the public works director's approval, may be issued for certain wireless
telecommunications facilities, collocations, modifications or replacements to an eligible support
structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request.
2. In the event that the public works director determines that any application submitted for a minor
WTFP does not meet the permit criteria of this chapter, the director shall inform the applicant on non-
compliance and provide an opportunity to revise the proposal to comply. If the applicant cannot
resolve the non-compliance, the public works director shall convert the application to a major WTFP.
C. Major wireless telecommunications facilities permit (major WTFP). All other new wireless
telecommunications facilities or replacements, collocations, or modifications to a wireless
telecommunications facility that are not qualified for a minor WTFP shall require a major WTFP subject to
planning commission hearing and approval unless otherwise provided for in this chapter.
D. Other permits required. In addition to any permit that may be required under this chapter, the applicant
must obtain all other required prior permits or other approvals from other city departments, or state or
federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of
other required prior permits or other approvals from other city departments, state or federal agencies.
Building and encroachment permits, and all city standards and requirements therefor, are applicable.
E. Eligible applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or
federal law, or who have entered into a franchise agreement with the city permitting them to use the PROW,
shall be eligible for a WTFP pursuant to this chapter.
(Code 1981, § 12.18.040; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.050. Application for wireless telecommunications facility permits.
A. General. The applicant shall submit a paper copy and an electronic copy of any application, amendments,
modifications, or supplements to a WTFP application, or responses to requests for information regarding a
WTFP, including all applications and requests for authorization to construct, install, attach, operate,
collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the city's jurisdictional
and territorial boundaries within the PROWs, in accordance with the provisions of this section.
1. The city strongly encourages a pre-application submittal meeting for any WTFP. The city does not
require a pre-application submittal meeting for a minor WTFP; however, the city strongly encourages
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applicants to schedule and attend a pre-application submittal conference with the approval authority
for all proposed minor WTFP projects, and particularly those that involve more than five minor WTFPs.
a. Voluntary pre-submittal conferences do not cause the FCC shot clock to begin and are intended
to streamline the review process through informal discussion that includes, without limitation,
the appropriate project classification and review process; any latent issues in connection with the
proposed project, including compliance with generally applicable rules for public health and
safety; potential concealment issues or concerns (if applicable); coordination with other city
departments responsible for application review; and application completeness issues.
b. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged
(but not required) to bring any draft applications or other materials so that city staff may provide
informal feedback and guidance about whether such applications or other materials may be
incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the
applicant with an appointment within five working days after receiving a written request for a
pre-submittal conference.
c. Any request for a voluntary pre-submittal conference shall be in writing and shall confirm that
any drafts to be provided the city at the pre-submittal conference will not be deemed as
"submissions" triggering the start of any FCC shot clock.
2. All applications for WTFPs shall be submitted to the public works director. In addition to the
information required of an applicant for an encroachment permit or any other permit required by this
Code, each applicant shall fully and completely submit to the city a written application on a form
prepared by the public works director.
3. Major WTFP applications must be submitted to the public works director at a scheduled application
submission appointment. City staff will endeavor to provide applicants with an appointment within five
business days after receipt of a written request therefor. A WTFP application will only be reviewed
upon submission of a complete application therefor. A pre-submission appointment is not required for
minor WTFPs.
4. For SWF, applicants may submit up to five individual applications for a WTFP in a batch; provided,
however, that SWF in a batch must be proposed with substantially the same equipment in the same
configuration on the same support structure type. Each application in a batch must meet all the
requirements for a complete application, which includes without limitation the application fee for each
site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed
incomplete.
B. Application contents—Minor WTFPs. The content of the application form for facilities subject to a minor
WTFP shall be determined by the public works director in addition to all other information reasonably
deemed necessary, but at a minimum shall include the following:
1. The name of the applicant, its telephone number and contact information, and if the applicant is a
wireless infrastructure provider, the name and contact information for the wireless service provider
that will be using the wireless facility.
2. The name of the owner of the structure, if different from the applicant, and, except in the case of an
eligible facilities request, a signed and notarized owner's authorization for use of the structure.
3. A complete description of the proposed wireless telecommunications facility and any and all work that
will be required to install or modify it, including, but not limited to, details regarding proposed
excavation, if any; detailed site plans showing the location of the wireless telecommunications facility,
and dimensioned drawings with specifications for each element of the wireless facility, clearly
describing the site and all structures and facilities at the site before and after installation or
modification; and a dimensioned map identifying and describing the distance to the nearest residential
dwelling unit and any historical structure within 250 feet of the facility. Before and after photo
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simulations showing at a minimum of 180 degrees and up to 360 degrees, as agreed upon by the public
works director, shall be provided.
4. Documentation sufficient to show that the proposed facility will comply with generally-applicable
health and safety provisions of the municipal code and the FCC's radio frequency emissions standards.
5. A copy of the JPC authorization form, or other agreement, if any, between the applicant and the owner
of the property to which the proposed facility will be attached.
6. If the application is for a SWF, the application shall state as such and shall explain why the proposed
facility meets the definition of a SWF.
7. If the application is for an eligible facilities request, the application shall state as such and must contain
information sufficient to show that the application qualifies as an eligible facilities request, which
information must demonstrate that the eligible support structure was not constructed or deployed
without proper local review, was not required to undergo local review, or involves equipment that was
not properly approved. This shall include copies of all applicable local permits in-effect and as-built
drawings of the current site. Before and after photo simulations showing at a minimum of 180 degrees
and up to 360 degrees, as agreed upon by the public works director, shall be provided, as well as
documentation sufficient to show that the proposed facility will comply with generally-applicable
health and safety provisions of the municipal code and the FCC's radio frequency emissions standards.
8. For SWFs, the application shall also contain:
a. Construction drawings. The applicant shall submit true and correct construction drawings,
prepared, signed and stamped by a California licensed or registered engineer, that depict all the
existing and proposed improvements, equipment and conditions related to the proposed project,
which includes without limitation any and all poles, posts, pedestals, traffic signals, towers,
streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire
hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The
construction drawings shall:
(i) Contain cut sheets that contain specific dimensions all existing and proposed antennas and
accessory equipment, and includes without limitation the manufacturer, model number,
and physical dimensions;
(ii) If providing, depict the applicant's plan for electric and data backhaul utilities, which shall
include the locations for all conduits, cables, wires, handholes, junctions, transformers,
meters, disconnect switches, and points of connection; and
(iii) Demonstrate that proposed project will be in full compliance with all applicable health and
safety laws, regulations or other rules, which includes without limitation all building codes,
electric codes, local street standards and specifications, and public utility regulations and
orders.
c. Site survey. For any SWF proposed to be located within the PROW, the applicant shall submit a
survey prepared, signed, and stamped by a state-licensed or -registered engineer. The survey
must identify and depict all existing boundaries, encroachments and other structures within 250
feet from the proposed project site, which includes, without limitation, all:
(i) Traffic lanes;
(ii) Private properties and property lines;
(iii) Above and below-grade utilities and related structures and encroachments;
(iv) Fire hydrants, roadside call boxes and other public safety infrastructure;
(v) Streetlights, decorative poles, traffic signals and permanent signage;
(vi) Sidewalks, driveways, parkways, curbs, gutters and storm drains;
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(vii) Benches, trash cans, mailboxes, kiosks and other street furniture; and
(viii) Existing trees, planters and other landscaping features.
d. Photo simulations. The applicant shall submit site photographs and photo simulations that show
at a minimum of 180 degrees and up to 360 degrees, as agreed upon by the public works
director, of the existing location and proposed SWF in context from at least three vantage points
within the public streets or other publicly accessible spaces, together with a vicinity map that
shows the proposed site location and the photo location for each vantage point.
e. Project narrative and justification. The applicant shall submit a written statement that explains in
plain factual detail whether and why the proposed wireless facility qualifies as a SWF as defined
by the FCC in 47 CFR 1.6002(l). 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. As part of the
written statement the applicant must also include:
(i) Whether and why the proposed support is a structure as defined by the FCC in 47 CFR
1.6002(m); and
(ii) Whether and why the proposed wireless facility meets each required finding for a SWF
permit as provided in section 12.18.060 (Review procedure).
f. RF compliance report. The applicant shall submit an RF exposure compliance report that certifies
that the proposed SWF, as well as any collocated wireless facilities, will comply with applicable
federal RF exposure standards and exposure limits. The RF report, as reasonably acceptable to
the City, must be prepared and certified by an RF engineer to the city. The RF report must include
the actual frequency and power levels (in watts 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 the boundaries of areas with RF exposures in excess of
the controlled/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. Public notice. Prior to deeming the application complete, the applicant shall submit a mailing list
and two sets of labels for all properties and record owners of properties within 500 feet of the
project location.
h. Regulatory authorization. The applicant shall submit evidence of the applicant's regulatory status
under federal and state law to provide the services and construct the SWF proposed in the
application.
i. Site agreement. For any SWF proposed to be installed on any structure owned or controlled by
the city and located within the public rights-of-way, the applicant must enter into a site
agreement on a form prepared by the city and approved by the city attorney that states the
terms and conditions for such non-exclusive use by the applicant. No changes shall be permitted
to the city's form site agreement except as may be indicated on the form itself. Any unpermitted
changes to the city's form site agreement shall be deemed a basis to deem the application
incomplete.
j. Acoustic analysis. The applicant shall submit an acoustic analysis prepared and certified by an
licensed engineer for the proposed SWF and all associated equipment including all environmental
control units, sump pumps, temporary backup power generators and permanent backup power
generators demonstrating compliance with the following noise regulations:
i. Backup generators shall only be operated during periods of power outages, and shall not
be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.;
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ii. At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA
three feet from the source of the noise if the facility is located in the public right-of-way
adjacent to a business, commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any property zoned residential
or improved with a residential use, such equipment noise shall not exceed 45 dBA three
feet from the sources of the noise.
The acoustic analysis shall 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 an acoustic analysis, 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.
k. Wind load analysis. The applicant shall submit a wind load analysis with an evaluation of high
wind load capacity and shall include the impact of modification of an existing facility.
l. Environmental data. A completed environmental assessment application, or in the alternative
any and all documentation identifying the proposed WTFP as exempt from environmental review
(under the California Environmental Quality Act, Public Resources Code 21000 et seq., the
National Environmental Policy Act, 42 USC 4321 et seq., or related environmental laws).
Notwithstanding any determination of environmental exemption issued by another
governmental entity, the city reserves its right to exercise its rights as a responsible agency to
review de novo the environmental impacts of any WTFP application.
m. FAA documentation. Copies of any documents that the applicant is required to file pursuant to
Federal Aviation Administration regulations for the proposed wireless telecommunications
facility.
n. Traffic control plan. A traffic control plan when the proposed installation is on any street in a
nonresidential zone if there is no applicable Work Area Traffic Control Handbook that could be
used in a traffic control plan. The city shall have the discretion to require a traffic control plan
when the applicant seeks to use large equipment (e.g., crane).
o. Landscape plan. If a proposed wireless facility has the potential to adversely impact the
surrounding area, at the direction of public works, a scaled conceptual landscape plan showing
existing trees and vegetation and all proposed landscaping, concealment, screening and
proposed irrigation with a discussion of how the chosen material at maturity will screen the SWF
and its accessory equipment.
p. CPCN. Certification that applicant is a telephone corporation or a statement providing the basis
for its claimed right to enter the PROW. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the state public utilities commission, it shall provide a copy of its
CPCN.
9. If the applicant contends that denial of the application would prohibit or effectively prohibit the
provision of service in violation of federal law, or otherwise violate applicable law, the application must
provide all information on which the applicant relies on in support of that claim. Applicants are not
permitted to supplement this showing if doing so would prevent the city from complying with any
deadline for action on an application or FCC shot clock.
C. Application contents—Major WTFPs. The public works director shall develop an application form and make it
available to applicants upon request and post the application form on the city's website. The application
form for a major WTFP shall require the following information, in addition to all other information
determined necessary by the public works director:
1. The name, address, and telephone number of the applicant, owner, and the operator of the proposed
wireless telecommunication facility.
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2. If the applicant does not, or will not, own the support structure, the applicant shall provide a duly-
executed letter of authorization from the owner of the structure. If the owner of the support structure
is the applicant, but such owner/applicant will not directly provide wireless telecommunications
services, the owner/applicant shall provide a duly-executed letter of authorization from the person or
entity that will provide those services.
3. A full written description of the proposed wireless telecommunications facility and its purpose.
4. Detailed engineering plans of the proposed wireless telecommunications facility and related report
prepared by a professional engineer registered in the state documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including technical engineering
specifications, economic and other pertinent factors governing selection of the proposed design,
together with evidence that demonstrates that the proposed facility has been designed to be the
least intrusive equipment within the particular technology available to the carrier for
deployment.
b. Sufficient evidence of the structural integrity of the support structure as required by the city.
5. Geographic or propagation maps showing applicant's service area objectives.
6. A justification study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed explanation of the
applicant's coverage objectives that the proposal would serve, and how the proposed use is the least
intrusive means for the applicant to cover such objectives. This shall include:
a. A meaningful comparative analysis that includes all factual reasons for selecting the proposed
location and design.
b. The study shall include all eligible support structures and/or alternative sites evaluated for the
proposed major WTFP, and why the alternatives are not reasonably available, technically
feasible, or less intrusive. The alternative site analysis must include the consideration of at least
two eligible support structures; or, if no eligible support facilities are analyzed as alternatives,
why no eligible support facilities are reasonably available or technically feasible, or less intrusive.
c. If a portion of the proposed facility lies within a jurisdiction other than the city's jurisdiction, the
applicant must demonstrate that alternative options for locating the project fully within one
jurisdiction or the other is not a viable option. Applicant must demonstrate that it has obtained
all approvals from the adjacent jurisdiction for the installation of the extra-jurisdictional portion
of the project.
7. Site plans to scale, specifying and depicting the exact location of the proposed wireless
telecommunications facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and showing compliance with all
design and safety requirements set forth in this chapter.
8. A completed environmental assessment application, or in the alternative any and all documentation
identifying the proposed WTFP as exempt from environmental review (under the California
Environmental Quality Act, Public Resources Code 21000 et seq., the National Environmental Policy
Act, 42 USC 4321 et seq., or related environmental laws). Notwithstanding any determination of
environmental exemption issued by another governmental entity, the city reserves its right to exercise
its rights as a responsible agency to review de novo the environmental impacts of any WTFP
application.
9. Scaled photo simulations from at least three different angles and showing a 360-degree view at a
minimum of 180 degrees and up to 360 degrees, as agreed upon by the public works director.
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10. Where applicable, completion of the RF emissions exposure guidelines checklist contained in appendix
A to the FCC's Local Government Official's Guide to Transmitting Antenna RF Emission Safety to
determine whether the facility will be "categorically excluded," as that term is used by the FCC.
11. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant
shall submit an RF exposure compliance report prepared and certified by a licensed engineer
acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to
the cumulative exposure in the subject area, 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 the
boundaries of areas with RF exposures in excess of the controlled/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. Applicant may submit one RF exposure compliance report addressing
multiple proposed facilities of similar design.
12. Copies of any documents that the applicant is required to file pursuant to Federal Aviation
Administration regulations for the proposed wireless telecommunications facility.
13. A noise study prepared by a qualified licensed engineer documenting that the level of noise to be
emitted by the proposed wireless telecommunications facility will comply with this Code, including
section 12.18.070(C)(15). If deemed acceptable by the public works director, in lieu of an acoustic
analysis, 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.
14. A traffic control plan when the proposed installation is on any street in a non-residential zone if there is
no applicable Work Area Traffic Control Handbook. The city shall have the discretion to require a traffic
control plan when the applicant seeks to use large equipment (e.g., crane).
15. If a proposed wireless facility has the potential to adversely impact the surrounding area, at the
direction of public works, a scaled conceptual landscape plan showing existing trees and vegetation
and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how
the chosen material at maturity will screen the wireless telecommunication facility.
16. Certification that applicant is a telephone corporation, or a statement providing the basis for its
claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and
necessity (CPCN) issued by the state public utilities commission, it shall provide a copy of its CPCN.
17. Evidence that the proposed wireless facility qualifies as a personal wireless services facility.
18. Address labels for use by the city in noticing all property owners within 500 feet of the proposed
wireless telecommunication facility and, if applicable, all public hearing information required by the
municipal code for public noticing requirements.
19. Any other information and/or studies required in the application checklist reasonably determined to be
necessary to process the application by the public works director may be required.
D. Application fees and trust deposits. For all WTFPs, application fees and the establishment of trust deposits to
cover outside consultant costs shall be required to be submitted with any application, as established by city
council resolution and in accordance with Government Code § 50030. Notwithstanding the foregoing, no
application fee shall be refundable, in whole or in part, to an applicant for a WTFP unless paid as a
refundable trust deposit. Reasonable costs of city staff, consultant and attorney time (including that of the
city attorney if applicable) pertaining to the review, processing, noticing and hearing procedures directly
attributable to a WTFP and consistent with FCC regulations shall be reimbursable to the city. To this end, the
public works may require applicants to enter a trust/deposit reimbursement agreement, in a form approved
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by the city attorney, or other established trust/deposit accounting mechanism for purposes of obtaining an
applicant deposit from which the direct costs of city processing of an application may be drawn-down.
E. Independent expert. The public works and/or planning director, as applicable, is authorized to retain on
behalf of the city one or more independent, qualified consultants to review any WTFP application at the
applicant's expense. The review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not be limited to, application completeness or accuracy,
structural engineering analysis, or compliance with FCC radio frequency emissions standards.
F. Effect of state or federal law on application process. In the event a state or federal law prohibits the
collection of any information or application conditions required by this section, the public works director is
authorized to omit, modify, or add to that request from the city's application form in consultation with the
city attorney. Requests for waivers from any application requirement of this section shall be made in writing
to the public works director. The public works director may grant a request for waiver if it is demonstrated
that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to
understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought.
All waivers approved pursuant to this subsection shall be:
(1) Granted only on a case-by-case basis; and
(2) Narrowly tailored to minimize deviation from the requirements of this Code.
G. Waiver of applications superseded by submission of new project. If an applicant submits a WTFP application,
but substantially revises the proposed facility during the application process prior to any city hearing or
decision on such application at the City’s request, the substantially revised application shall be deemed a
new application for all processing purposes, including FCC shot clocks, and the prior submittals deemed
waived and superseded by the substantially revised application. For purposes of this subsection, the term
"substantially revised" means that the project as initially proposed has been alternately proposed for a
location 300 feet or more from the original proposal or constitutes a substantial change in the dimensions or
equipment that was proposed in the original WTFP application.
H. Rejection for incompleteness. WTFPs will be processed, and notices of incompleteness provided, in
conformity with state, local, and federal law. If such an application is incomplete, the applicant must be
notified in writing specifying the reason for incompleteness.
12.18.060. Review procedure.
A. General. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes
risk to public safety and utilizes installation of new support structures or equipment cabinets in the PROW
only after all existing and replacement structure options have been exhausted, and where feasible, places
equipment underground, and otherwise maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located; ensures that installations are subject to periodic review to
minimize the intrusion on the PROW; and ensures that the city bears no risk or liability as a result of the
installations, and that such use does not inconvenience the public, interfere with the primary uses of the
PROW, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon,
or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation,
or abandonment of facilities in the PROW.
B. Collocation encouraged. Where feasible, the owner and operator of an existing facility shall allow collocation
of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
C. Findings required for approval of a WTFP.
1. Minor WTFP for SWF. For minor WTFP applications proposing a SWF, the public works director or
planning director, as the case may be, shall approve such application if, on the basis of the application
and other materials or evidence provided in review thereof, all of the following findings can be made:
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a. The facility qualifies as a SWF;
b. The facility is not detrimental to the public health, safety, and welfare;
c. The SWF meets applicable requirements and standards of state and federal law;
d. The SWF would not be located on a prohibited support structure identified in this chapter;
e. The facility would utilize the most preferred support structure and location within 250 feet from
the originally proposed site in any direction, or the applicant has demonstrated with clear and
convincing evidence in the written record that any more-preferred support structures or
locations within 250 feet would be technically infeasible;
f. The facility meets applicable requirements and design standards for SWF under this chapter,
unless the applicant has demonstrated with clear and convincing evidence in the written record
that any such standard would be technically infeasible; and
g. All public notices required for the application have been given.
2. Minor WTFP for EFR. For minor WTFP applications proposing an eligible facilities request, the public
works director shall approve such application if, on the basis of the application and other materials or
evidence provided in review thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally applicable laws.
3. Major WTFP. No major WTFP shall be granted unless all of the following findings are made by the
applicable decision-maker:
a. If applicable, all notices required for the proposed major WTFP have been given, including the
inclusion, or placement on-site, of photo simulations for the proposed facility;
b. The proposed wireless telecommunications facility has been designed and located in compliance
with all applicable provisions of this chapter;
c. If applicable, the applicant has demonstrated its inability to locate on an eligible support
structure;
d. The applicant has provided sufficient evidence supporting the applicant's claim that it has the
right to enter the public right-of-way pursuant to state or federal law, or the applicant has
entered into a franchise agreement with the city permitting them to use the public right-of-way;
and
e. The applicant has demonstrated the proposed installation is designed such that the proposed
installation represents the least intrusive means possible, supported by factual evidence and a
meaningful comparative analysis to show that all alternative locations and designs identified in
the application review process were technically infeasible or not reasonably available, or not less
intrusive.
D. Noticing. The provisions in this section describe the procedures for the approval process, any required notice
and public hearings for a WTFP application.
1. Minor WTFP applications. Within or reasonably about five business days of a SWF application being
deemed complete, notice of the proposed SWF application shall be mailed by the city to owners and
occupants of real property within a 500-foot radius of the proposed SWF site at least ten days before
rendering a decision. Applications qualifying for eligible facilities requests shall not require notice. The
notice shall contain:
a. A general project description and dimensioned, full color photo simulations;
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b. The applicant's identification and contact information as provided on the application submitted
to the city;
c. Contact information for the city's approval authority;
d. A statement that the approval authority will act on the application without a public hearing but
will accept written public comments that evaluate the application for compliance with the
standards in this chapter;
e. A statement that the FCC requires the city to act on small cell permit applications, which includes
any administrative appeals, in 60 days for attachments to existing structures, and 90 days for new
structures, unless the applicant voluntarily agrees to toll the timeframe for review; and
f. Written public comments shall be received by the approval authority within ten days of the
public notice date.
2. Major WTFP applications. Any major WTFP application shall require notice and a public hearing. Notice
shall be provided at least 15 days before the public hearing. Public notices shall include color photo
simulations from different angles depicting the wireless telecommunication facility as proposed to be
considered by the planning commission. If the application proposes the use of an existing or
replacement eligible support structure, such simulations shall be posted upon the proposed support
structure for a period of at least 30 days prior to the public hearing; such posted simulations shall
remain in-place until a final decision, including exhausting all appeal processes, on the application is
reached.
E. Notice of decision. Within five days after any decision to grant, approve, deny, or conditionally grant any
WTFP application, the public works director or planning director, as applicable, shall provide written notice
based on substantial evidence in the written administrative record including the following:
1. A general explanation of the decision, including the findings required for the decision, if any, and how
those findings were supported or not supported by substantial evidence;
2. A general description of the property involved;
3. Information about applicable rights to appeal the decision, costs to appeal, and explanation of how
that right may be exercised; and
4. To be given by first class mail to:
a. The project applicant and property owner;
b. Any person who submitted written comments concerning the WTFP;
c. Any person who has filed a written request with the city to receive such notice; and
d. Any homeowner's association on file with the city that has jurisdiction over the WTFP site.
5. Once a WTFP is approved, no changes shall be made to the approved plans without review and
approval in accordance with this chapter.
6. Because section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or
indirectly on the environmental effects of radio frequency (RF) emissions, no decision upon a WTFP
shall be premised upon the environmental or health effects of RF emissions, nor shall public comments
be considered to the extent they are premised upon the environmental or health effects of RF
emissions.
F. Appeals.
1. Minor WTFP appeals. Any person who receives the notice of decision pursuant to subsection
12.18.060(E)(4) may appeal such decision within five days of the notice of decision date. The appeal
will be considered by the Public Works Director within ten days of filing. The Public Works Director
may decide the issues de novo and the written decision will be the final decision of the city. An appeal
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by a wireless infrastructure provider must be taken jointly with the wireless service provider that
intends to use the wireless facility. Because section 332(c)(7) of the Telecommunications Act preempts
local decisions premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, appeals of a minor WTFP decision premised on the environmental effects of radio frequency
emissions will not be considered.
2. Major WTFP appeals. Any person claiming to be adversely affected by a decision of a major WTFP
pursuant to this chapter may appeal such decision as provided in accordance with the appeal
provisions in chapter 17.80 (Hearing notice and appeal procedures) of the RPVMC.
G. Notice of shot clock expiration. The city acknowledges there are federal and state shot clocks which may be
applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time
periods in which the city must approve or deny a proposed wireless telecommunications facility. As such, the
applicant is required to provide the city written notice of the pending expiration of any relevant FCC shot
clock, which the applicant shall ensure is received by the city (e.g., overnight mail) no later than 10 days prior
to expiration.
12.18.070. Design and development standards.
A. SWF design and development standards. SWFs are subject to the design and development standards and
conditions of approval set forth herein. The city's grant of a WTFP for a SWF does not waive, and shall not be
construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell
facilities, or any modification to those FCC orders or rules.
1. Visual and other general standards. As reasonably determined by the Public Works Director SWFs shall
be designed in the least visible means feasible and to be compatible with support
structure/surroundings pursuant to the objective standards provided in this section.
2. Noise. SWFs and all accessory equipment and transmission equipment must comply with all applicable
noise control standards and regulations stated in this chapter.
3. Lights. SWFs shall not include any lights that would be visible from publicly accessible areas, except as
may be required under Federal Aviation Administration, FCC, or other applicable regulations for health
and safety. All equipment with lights (such as indicator or status lights) must be installed in locations
and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The
provisions in this subsection (A)(3) shall not be interpreted or applied to prohibit installations on
streetlights or luminaires installed on new or replacement poles as may be required under this policy.
4. Landscape features. SWFs shall not displace any existing landscape features unless:
(a) Such displaced landscaping is replaced with native and/or drought-resistant plants, trees or other
landscape features approved by the approval authority; and
(b) The applicant submits and adheres to a landscape maintenance plan.
The landscape plan must include existing vegetation, and vegetation proposed to be removed or
trimmed, and the landscape plan must identify proposed landscaping by species type, size and
location. Landscape maintenance shall be performed in accordance with the public works director
and/or City Arborist.
If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select,
plant, and maintain replacement landscaping in an appropriate location for the species. Only
International Society of Arboriculture-certified workers under the supervision of a licensed arborist
shall be used to install the replacement tree. Any replacement tree must be substantially the same size
as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement
landscape features.
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To preserve existing landscaping in the public rights-of-way, all work performed in connection with
SWFs shall not cause any street trees to be trimmed, damaged or displaced. In the event that avoiding
the tree is not possible, the City Arborist must be consulted on the scope of work related to trimming,
an if needed, on site while the trimming is conducted. If any street trees are damaged or displaced, the
applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at
the site for the duration of the permit term.
5. Site security measures. SWFs may incorporate reasonable and appropriate site security measures, such
as locks and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. The approval
authority shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous
security measures. All exterior surfaces on SWFs shall be constructed from or coated with graffiti-
resistant materials.
6. Signage and advertisements. All SWFs shall contain a site identification sticker that accurately identifies
the site owner/operator, the owner/operator's site name or identification number and a toll-free
number to the owner/operator's network operations center. SWFs may not bear any other signage or
advertisements unless expressly approved by the city, required by law or recommended under FCC,
OSHA, Federal Aviation Administration or other United States governmental agencies for compliance
with RF emissions regulations. Permittees shall:
a. Remove or paint over unnecessary equipment manufacturer decals and fill-in any visibly
depressed manufacturer logos on equipment.
b. Utilize the smallest and lowest visibility stickers required by government or electric utility
regulations.
c. Use sticker colors that are muted.
d. Maintain signage in legible condition and the carrier will be required to replace any faded signage
within 30 days of receiving written notification from the city that it is in need of replacing.
7. Compliance with health and safety regulations. All SWFs shall be designed, constructed, operated and
maintained in compliance with all generally applicable health and safety regulations, which includes
without limitation all applicable regulations for human exposure to RF emissions.
8. Dimensions and design. Wireless facilities shall be as small, short, and unobtrusive as possible,
consistent with the objective standards provided in this section.
9. Overall height. SWFs may not exceed either:
(a) The minimum separation from electrical lines required by applicable safety regulations, plus six
feet; or
(b) Six feet above the existing support structure.
In addition, SWFs shall be located no higher than ten percent or ten feet, whichever is greater, than the
height otherwise permitted in the immediately adjacent zoning district.
10. Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters
must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or
radome must be painted a flat, non-reflective color to match the underlying support structure. The
wireless facility and accessory equipment shall be camouflaged with use of one or more concealment
elements to blend the facility with surrounding materials and colors of the adjacent streetlight or utility
pole to which it is mounted. Concealment requirements may be waived where compliance would
significantly interfere with or disrupt the signal or operation of the wireless facility. In such cases, the
Public Works Director may grant an exception upon the applicant’s submission of a technical report,
stamped by a licensed professional engineer, demonstrating that the required concealment measure
would cause such interference or disruption. Concealment elements include:
a. Radio frequency transparent screening.
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b. Approved, specific colors.
c. Use of non-reflective materials.
d. Minimizing the size of the site.
e. Integrating the installation into existing or replacement utility infrastructure.
f. Installing new infrastructure that matches existing infrastructure in the area surrounding the
proposed site.
g. Antennas, brackets (mounting), PVC or steel risers and cabling shall match the color of the
adjacent structure.
h. Paint shall be of durable quality.
i. Materials shall be non-flammable and non-reflective.
j. Each individual antenna may not exceed three cubic feet in volume and all antennas may not
exceed six cubic feet in volume.
k. Accessory equipment.
11. Installation preferences. SWF accessory equipment shall be enclosed in replacement poles or placed
underground where technically feasible, and if not feasible, shall be as small, short, and unobtrusive as
possible. Applications that involve lesser-preferred installation locations may be approved so long as
the applicant demonstrates that no more-preferred installation location would be technically infeasible
as supported by clear and convincing evidence in the written record.
12. Undergrounded accessory equipment. All undergrounded accessory equipment must be installed in an
environmentally controlled vault that is load-rated to meet the city's standards and specifications.
Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents
for airflow shall be flush-to-grade when placed within the sidewalk and shall not exceed two feet above
grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault
in a location that would cause any existing tree to be materially damaged or displaced.
13. Streetlights. Applicants that propose to install SWFs on an existing streetlight, if the design requires the
removal of the light, the applicant must remove and replace the existing streetlight with one
substantially similar to the city's standards and specifications but designed to accommodate wireless
antennas and accessory equipment. The replacement light shall be like-for-like and meet all
specifications of the existing light, thereby providing the same light intensity, distribution, and
functionality as the existing light to ensure that all safety and aesthetic conditions are maintained. To
mitigate any material changes in the streetlighting patterns, the replacement pole must:
a. Be located as close to the removed pole as possible;
b. Be aligned with the other existing streetlights; and
c. Include a luminaire at substantially the same height and distance from the pole as the luminaire
on the removed pole. To the extent feasible, all antennas shall be installed above the pole within
a single, canister style shroud or radome that tapers to the pole.
14. Utility poles. Applicants that propose to install SWFs on an existing utility pole must install all antennas
above the pole unless the applicant demonstrates that mounting the antennas above the pole would
be technically infeasible as supported by clear and convincing evidence in the written record. Side-
mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All
cables, wires and other connectors must be concealed within the side-arm mount or extension arm of
a wood pole and within the inside of any other pole. To the extent feasible the maximum horizontal
separation between the antenna and the pole shall be the minimum separation required by applicable
health and safety regulations.
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15. For replacement poles and streetlights. If an applicant proposes a replacement pole or streetlight to
accommodate the SWF, the replacement shall be in the same location as the streetlight or pole being
replaced; unless the replacement will not meet all applicable standards, then replacement may be
located in an alternative location that complies with the requirements herein.
16. New, non-replacement poles. Applicants that propose to install SWFs on a new, non-replacement pole
must install a new streetlight substantially similar to the city's standards and specifications but
designed to accommodate wireless antennas and accessory equipment located immediately adjacent
to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant
may install a metal or composite pole capable of concealing all the accessory equipment either within
the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not
exceed 12 inches and any base enclosure diameter shall not exceed 16 inches. To the extent feasible,
all antennas, whether on a new streetlight or other new pole, must be installed above the pole within a
single, canister style shroud or radome, and shall comply with the following:
a. The applicant may submit exhibits depicting the proposed pole, with all equipment associated
with the wireless facility shown, to the city for the public works director to review and approval.
The new pole must actually function for a purpose other than placement of a wireless facility
(e.g., streetlight, utility pole, street sign pole, etc.), unless approved by the public works director.
b. The design must generally match the dimensions and design of existing and similar types of poles
and antennas in the surrounding areas.
17. Encroachments over private property. SWFs may not encroach onto or over any private or other
property outside the PROW without the property owner's express written consent.
18. Backup power sources. Fossil-fuel based backup power sources shall not be permitted within the
PROW; provided, however, that connectors or receptacles may be installed for temporary backup
power generators used in an emergency declared by federal, state or local officials.
19. Obstructions; public safety. SWF and any associated equipment or improvements shall not physically
interfere with or impede access to any:
a. Above-ground or underground infrastructure for traffic control, streetlight or public
transportation, including without limitation any curb control sign, parking meter, vehicular traffic
sign or signal, pedestrian traffic sign or signal, barricade reflectors;
b. Public transportation vehicles, shelters, street furniture or other improvements at any public
transportation stop;
c. Above-ground or underground infrastructure owned or operated by any public or private utility
agency;
d. Fire hydrant or water valve;
e. Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any
building appurtenant to the rights-of-way;
f. Fire escape.
20. Utility connections. To the extent feasible all cables and connectors for telephone, data backhaul,
primary electric and other similar utilities must be routed underground in conduits large enough to
accommodate future collocated wireless facilities. Undergrounded cables and wires must transition
directly into the pole base without any external doghouse. All cables, wires, and connectors between
the underground conduits and the antennas and other accessory equipment shall be routed through
and concealed from view within:
(a) Internal risers or conduits if on a concrete, composite or similar pole; or
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(b) A cable shroud or conduit mounted as flush to the pole as possible if on a wood utility pole or
other pole without internal cable space.
The approval authority shall not approve new overhead utility lines or service drops merely because
compliance with the undergrounding requirements would increase the project cost.
21. Spools and coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be
spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.
22. Electric meters.
a. SWFs shall use unmetered (flat rate) electric service, if allowed by the utility company, or use the
narrowest, shrouded electric meter and disconnect available. Permittees shall ensure the meter
and other enclosures are well maintained, including regular painting, and the use of a graffiti-
resistant paint, and stack the disconnect switch above/below the meter, instead of attached to
the side of the meter.
b. Electrical meters, vaults, and fans shall be located underground to the extent feasible.
23. Building-mounted small wireless facilities.
a. Preferred concealment techniques. All applicants must propose new non-tower SWFs that are
completely concealed and architecturally integrated into the existing facade or rooftop features
with no visible impacts from any publicly accessible areas at ground level (examples include, but
are not limited to, antennas behind existing parapet walls or facades replaced with RF-
transparent material and finished to mimic the replaced materials). Alternatively, if the applicant
demonstrates with clear and convincing evidence that integration with existing features is
technically infeasible, the applicant may propose completely concealed new structures or
appurtenances designed to mimic the support structure's original architecture and proportions
(examples include, but are not limited to, steeples and chimneys).
b. Facade-mounted equipment. When SWFs cannot be placed behind existing parapet walls or other
existing screening elements, the approval authority may approve facade-mounted equipment in
accordance with this subsection. All facade-mounted equipment must be concealed behind
screen walls and mounted flush to the facade. The approval authority may not approve pop-out
screen boxes. Except in industrial zones, the approval authority may not approve any exposed
facade-mounted antennas, including, but not limited to, exposed antennas painted to match the
facade.
24. Future modifications. Any modifications to existing facilities or collocations shall not defeat the
concealment elements of the existing structure/facility.
25. Standard conditions of approval. In addition to the design and development standards stated in this
section, all WTFPs issued for a SWF shall be subject to the following conditions:
a. Post-installation certification. Within 60 calendar days after the applicant commences full,
unattended operations of a SWF approved or deemed-approved, the applicant shall provide the
approval authority with documentation reasonably acceptable to the approval authority that the
SWF has been installed and/or constructed in strict compliance with the approved construction
drawings and photo simulations. Such documentation shall include site photos.
b. Adverse impacts on other properties. In addition to those requirements stated in this section, the
applicant shall not perform or cause others to perform any construction, installation, operation,
modification, maintenance, repair, removal or other work that involves heavy equipment or
machines except during normal construction work hours authorized by chapter 17.56
(Environmental Protection). The restricted work hours in this condition will not prohibit any work
required to prevent an actual, immediate harm to property or persons, or any work during an
emergency declared by the city or other state or federal government agency or official with
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authority to declare a state of emergency within the city. The approval authority may issue a stop
work order for any activities that violate this condition in whole or in part.
c. Inspections; emergencies. The applicant expressly acknowledges and agrees that the city's
officers, officials, staff, agents, contractors, or other designees may enter onto the site and
inspect the improvements and equipment upon reasonable prior notice to the permittee.
Notwithstanding the prior sentence, the city's officers, officials, staff, agents, contractors, or
other designees may, but will not be obligated to, enter onto the site area without prior notice to
support, repair, disable or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or persons. The
applicant, if present, may observe the city's officers, officials, staff, or other designees while any
such inspection or emergency access occurs.
d. Future undergrounding programs. If other public utilities or communications providers in the
PROW underground their facilities in the segment of the PROW where the SWF is located, the
applicant shall underground its equipment except the antennas and any other equipment that
must be placed above ground to function. Accessory equipment such as radios and computers
that require an environmentally controlled underground vault to function shall not be exempt
from this condition. SWFs installed on utility poles that will be removed pursuant to the
undergrounding program may be reinstalled on a streetlight that complies with the city's
standards and specifications. Such undergrounding shall occur at the applicant's sole cost and
expense except as may be reimbursed through tariffs approved by the state public utilities
commission for undergrounding costs.
e. Electric meter upgrades. If the commercial electric utility provider adopts or changes its rules
obviating the need for a separate or ground-mounted electric meter and enclosure, the applicant
on its own initiative and at its sole cost and expense shall remove the separate or ground-
mounted electric meter and enclosure. Prior to removing the electric meter, the applicant shall
apply for any encroachment and/or other ministerial permits required to perform the removal
from the city. Upon removal, the applicant shall restore the affected area to its original condition
that existed prior to installation of the equipment.
f. Rearrangement and relocation. The applicant acknowledges that the city, in its sole discretion
and at any time, may:
(i) Change any street grade, width or location;
(ii) Add, remove or otherwise change any improvements in, on, under or along any street
owned by the city or any other public agency, which includes without limitation any
sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for
gas, water, electric or telecommunications; and/or
(iii) Perform any other work deemed necessary, useful or desirable by the city (collectively, city
work).
The city reserves the rights to do any and all city work without any admission on its part that the
city would not have such rights without the express reservation in the SWF permit. If the public
works director determines that any city work will require the applicant's SWF located in the
PROW to be rearranged and/or relocated, the applicant shall, at its sole cost and expense, do or
cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the
applicant fails or refuses to either permanently or temporarily rearrange and/or relocate the
permittee's SWF within a reasonable time after the public works director's notice, the city may
(but will not be obligated to) cause the rearrangement or relocation to be performed at the
applicant's sole cost and expense. The city may exercise its rights to rearrange or relocate the
permittee's SWF without prior notice to applicant when the public works director determines
that the city work is immediately necessary to protect public health or safety. The applicant shall
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reimburse the city for all costs and expenses in connection with such work within ten days after a
written demand for reimbursement and reasonable documentation to support such costs.
B. Eligible facilities request design and development standards. Approved eligible facilities requests for which
the findings set forth in section 12.18.060(C)(2) have been made are subject to the following, unless modified
by the approving authority:
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application
qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying
permit and all such conditions that were applicable to the facility prior to approval of the subject
eligible facility request.
2. No waiver of standing. The city's granting, or granting by operation of law, of an eligible facilities
request does not waive, and shall not be construed to waive, any standing by the city to challenge
section 6409(a) of the Spectrum Act, any FCC rules that interpret section 6409(a) of the Spectrum Act,
or any modification to section 6409(a) of the Spectrum Act.
C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a major
WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and
other impacts on the surrounding community and shall be planned, designed, located, and erected in
accordance with the following standards:
1. General guidelines.
a. The applicant shall employ screening, undergrounding, and camouflage design techniques in the
design and placement of wireless telecommunications facilities in order to ensure that the facility
is as visually screened as possible, to prevent the facility from dominating the surrounding area
and to minimize significant view impacts from surrounding properties and public views, all in a
manner that achieves compatibility with the community and in compliance with this Code.
b. Screening shall be designed to be architecturally compatible with surrounding structures using
appropriate techniques to camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility's visual impact as well as be
compatible with the architectural character of the surrounding buildings or structures in terms of
color, size, proportion, style, and quality.
c. Wireless telecommunications facilities shall be located consistent with section 12.18.080
(Location restrictions, location and structural preferences, and exceptions) unless an exception is
granted.
2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts
on traffic safety.
3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with
the materials and colors of the surrounding area, infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of wireless
telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to
the extent feasible, with all cables and wires clipped-up or otherwise out of public view. All antenna
mounts shall be designed so as not to preclude possible future collocation by the same or other
operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to
the ground as technically feasible, consistent with Public Utilities Commission General Order 95.
5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (except wood poles per subsection (5)(b) of
this section) shall be permitted in the public right-of-way. Mountings to all other forms of
support structure in the public right-of-way are prohibited unless an exception pursuant to
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section 12.18.080 (Location restrictions, location and structural preferences, and exceptions) is
granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wood poles unless an
exception pursuant to section 12.18.080 (Location restrictions, location and structural
preferences, and exceptions) is granted. The maximum height of any antenna shall not exceed 48
inches above the height of an existing utility pole, nor shall any portion of the antenna or
equipment mounted on a pole be less than 24 feet above any drivable road surface. All
installations on utility poles shall fully comply with the state public utilities commission General
Orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed up to six feet above the
existing height of a light pole as deemed acceptable by the public works director. Any portion of
the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable
road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure
to accommodate the proposed facility, the replacement pole shall be designed to resemble the
appearance and dimensions of existing poles near the proposed location, including size, height,
color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations.
g. An exception pursuant to section 12.18.080 (Location restrictions, location and structural
preferences, and exceptions) shall be required to erect any new support structure (non-eligible
support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of
location, the following requirements shall apply:
i. The new support structure shall be designed to resemble existing support structures of the
same type in the right-of-way near that location, including size, height, color, materials and
style, with the exception of any existing structural designs that are scheduled to be
removed and not replaced.
ii. New support structures that are not replacement structures shall be located at least 90
feet from any eligible support structure to the extent feasible.
iii. New support structures shall not adversely impact public view corridors, as defined in
section 17.02.040 (View preservation and restoration) of the RPVMC and shall be located
to the extent feasible in an area where there is existing natural or other feature that
obscures the view of the new support structure. The applicant shall further employ
concealment techniques to blend the new support structure with said features, including,
but not limited to, the addition of vegetation if feasible.
iv. A justification analysis shall be submitted for all new support structures that are not
replacements to demonstrate why an eligible support facility cannot be utilized and
demonstrating the new structure is the least intrusive means possible, including a
demonstration that the new structure is designed to be the minimum functional height and
width required to support the proposed wireless telecommunications facility.
v. All cables, including, but not limited to, electrical and utility cables, shall be run within the
interior of the support structure and shall be camouflaged or hidden to the fullest extent
feasible. For all support structures wherein interior installation is infeasible, conduit and
cables attached to the exterior shall be mounted flush thereto and painted to match the
structure.
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6. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is
technically feasible.
7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code
or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the
impact of modification of an existing facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, incommode the public's use of the PROW, or cause safety
hazards to pedestrians and motorists.
9. Public facilities. A facility shall not be located within any portion of the PROW interfering with access to
a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any
other public health or safety facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or
other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located
underground, except as provided below:
a. Unless city staff determines that there is no room in the public right-of-way for undergrounding,
or that undergrounding is not feasible, an exception pursuant to section 12.18.080 (Location
restrictions, location and structural preferences, and exceptions) shall be required in order to
place accessory equipment above ground and concealed with natural or manmade features to
the maximum extent possible.
b. When above ground is the only feasible location for a particular type of accessory equipment and
will be ground-mounted, such accessory equipment shall be enclosed within a structure, and
shall not exceed a height of 3½ feet and a total footprint of 15 square feet, and shall be fully
screened and/or camouflaged, including the use of landscaping, architectural treatment, or
acceptable alternate screening. Required electrical meter cabinets shall be screened and/or
camouflaged. Also, while pole-mounted equipment is generally the least favored installation,
should pole-mounted equipment be sought, it shall be installed as required in this chapter.
c. In locations where homes are only along one side of a street, above-ground accessory equipment
shall not be installed directly in front of a residence. To the extent feasible, such above-ground
accessory equipment shall be installed along the side of the street with no homes.
12. Landscaping. If landscaping must be removed or is damaged during installation, each facility shall be
installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and
shrubs. Additional landscaping shall be planted, irrigated and maintained by the applicant where such
landscaping is deemed necessary by the city to provide screening or to conceal the facility.
13. Signage. No facility shall bear any signs or advertising devices other than certification, warning, or
other signage required by law or permitted by the city.
14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration
or other government agency. Beacon lights are not permitted unless required by the Federal
Aviation Administration or other government agency.
b. Legally required lightning arresters and beacons shall be included when calculating the height of
facilities such as towers, lattice towers and monopoles.
c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on
the surrounding neighborhoods.
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d. Unless otherwise required under Federal Aviation Administration or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights and must install such lights
so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The
city may, in its discretion, exempt an applicant from the foregoing requirement when the
applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting
professional to evaluate potential impacts to adjacent properties. Should no lighting be
proposed, no lighting study shall be required.
15. Noise.
a. Backup generators shall only be operated during periods of power outages, and shall not be
tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA three
feet from the source of the noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone; provided, however, that for any such
facility located within 500 feet of any property zoned residential or improved with a residential
use, such equipment noise shall not exceed 45 dBA three feet from the sources of the noise.
16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized
access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations,
visual blight, or attractive nuisances. The public works director or the approving city body, as
applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other
techniques to prevent unauthorized access and vandalism when, because of their location and/or
accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal
devices or elements shall be installed as a security device.
17. Modification. Consistent with current state and federal laws and if permissible under the same, at the
time of modification of a wireless telecommunications facility, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not
limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
18. Time constraint. The installation and construction approved by a wireless telecommunications facility
permit shall occur within one year after its approval or it will expire without further action by the city.
The Public Works Director may approve a one-year extension if requested by the permittee sufficiently
in advance.
19. Conditions of approval. All major WTFPs shall be subject to such conditions of approval as reasonably
imposed by the public works director or the approving city body, as applicable, as well as any
modification of the conditions of approval deemed necessary by the public works director or the
approving city body.
(Code 1981, § 12.18.070; Ord. No. 621, § 2(exh. A), 4-16-2019; Ord. No. 676, § 2, 12-5-2023)
12.18.080. Location restrictions, location and structural preferences, and exceptions.
A. Location requirements for SWF.
1. (a) Preface to location requirements. Applications that involve lesser-preferred locations or structures as
described in subsections (A)(2) and (3) of this section may be approved so long as the applicant
demonstrates that either:
(1) No more-preferred locations or structures exist within 250 feet from the proposed site; or
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(2) Any more-preferred locations or structures within 250 feet from the proposed site would
be technically infeasible, or infeasible according to General Order 95 to achieve the
operator's service objectives, as supported by clear and convincing evidence in the written
record, unless prohibited under this section.
(b) Preferred location requirements shall consist of the following:
(1) Allowable locations for SWFs are on existing or replacement infrastructure such as
streetlights and utility poles.
(2) When locating in an alley, the SWF shall be placed at a height above the roof line of
adjacent buildings to avoid being placed adjacent to a window.
(3) When choosing locations, if feasible, choose locations in between occupied buildings rather
than immediately adjacent to occupied buildings, and not adjacent to a window.
(4) If the SWF is not able to be placed on existing infrastructure, the applicant shall provide a
map of existing infrastructure in the service area and describe why each such site within
250 feet from the proposed site was not feasible.
2. Locations in the public rights-of-way. The city prefers SWF in the public rights-of-way to be installed in
locations, ordered from most preferred to least preferred, as follows:
a. Locations within the city's commercial zoning districts on or along arterial roads;
b. Locations within the city's commercial zoning districts on or along collector roads;
c. Locations within the city's commercial zoning districts on or along local roads;
d. Locations within the city's institutional zoning districts on or along arterial roads;
e. Locations within the city's institutional zoning districts on or along collector roads;
f. Locations within the city's institutional zoning districts on or along local roads;
g. Locations within residential districts on or along arterial roads;
h. Locations within residential districts on or along collector roads;
i. Any location in any district within 250 feet from any structure approved for a residential use.
3. Support structures in the public rights-of-way. The city prefers SWFs to be installed on support
structures in the PROW, ordered from most preferred to least preferred, as follows:
a. Existing or replacement streetlight poles;
b. Existing or replacement utility poles;
c. Existing or replacement street sign poles;
d. New, non-replacement streetlight poles;
e. New, non-replacement poles for small wireless facilities.
4. Prohibited support structures. The city prohibits SWFs to be installed on the following support
structures:
a. Strand-mounted wireless facilities are prohibited;
b. Any utility pole scheduled for removal or relocation within 12 months from the time the approval
authority acts on the small cell permit application;
c. New, non-replacement wood utility poles.
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B. Locations requiring an exception for major WTFPs. Major WTFPs are strongly disfavored in certain areas and
on certain support structures. Therefore, the following locations are permitted only when an exception has
been granted pursuant to subsection (C) of this section:
1. Public right-of-way within those zones as identified in the general plan as residential zones;
2. Public right-of-way within public view corridors identified in the general plan and the coastal specific
plan.
C. Required findings for an exception on major WTFPs. For any major WTFP requiring an exception under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear and convincing
evidence all the following:
1. The proposed wireless facility qualifies as a personal wireless services facility.
2. The applicant has provided the city with a clearly defined service objective (as established under state
and federal law) and a clearly defined potential site search area.
a. In the event the applicant seeks to install a wireless telecommunications facility to address
service coverage concerns, full-color signal propagation maps with objective units of signal
strength measurement that show the applicant's current service coverage levels from all adjacent
wireless telecommunications facilities without the proposed facility, predicted service coverage
levels from all adjacent facilities serving applicant with the proposed facility, and predicted
service coverage levels from the proposed facility without all adjacent facilities.
b. In the event the applicant seeks to address service capacity concerns, a written explanation and
applicable evidence identifying the existing facilities with service capacity issues together with
competent evidence to demonstrate the inability of those facilities to meet capacity demands.
3. The applicant has provided the city with a meaningful comparative analysis that includes the factual
reasons why any alternative location or design suggested by the city or otherwise identified in the
administrative record, including, but not limited to, potential alternatives identified at any public
meeting or hearing, are not technically feasible or reasonably available.
4. The applicant has provided the city with a meaningful comparative analysis that includes the factual
reasons why the proposed location and design deviates is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable objectives of covering an established
significant gap (as established under state and federal law).
5. The applicant has demonstrated that strict compliance with any provision in this chapter for a major
WTFP would effectively prohibit the provision of personal wireless services.
D. Scope. The planning commission or public works director, as applicable, shall limit an exemption for a major
WTFP to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve
its objectives of covering an established significant gap (as established under state and federal law). The
planning commission or public works director, as applicable, may adopt conditions of approval as reasonably
necessary to promote the purposes in this chapter and protect the public health, safety and welfare.
(Code 1981, § 12.18.080; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.090. Operation and maintenance standards.
All wireless telecommunications facilities must comply at all times with the following operation and
maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state, and local laws,
regulations and other rules, including, without limitation, those applying to use of the PROW. The
permittee shall ensure that all equipment and other improvements to be constructed and/or installed
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in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious
to the public health, safety, and general welfare and that the aesthetic appearance is continuously
preserved, and substantially the same as shown in the approved plans at all times relevant to the
WTFP.
B. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the
permittee, owner, operator or any designated maintenance agent at its sole cost within 48 hours:
1. After discovery of the need by the permittee, owner, operator, or any designated maintenance
agent; or
2. After permittee, owner, operator, or any designated maintenance agent receives notification
from the city.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and
amount of insurance as specified by city's risk management. The relevant policy shall name the city, its
elected/appointed officials, commission members, officers, representatives, agents, and employees as
additional insured. The permittee shall use its best efforts to provide 30 days' prior notice to the public
works director of the cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless
facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, and
employees:
(i) 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
(ii) 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.
In the event the city becomes aware of any such actions or claims, the city shall promptly notify the
permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense.
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 same.
E. Performance bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with
the city, and shall maintain in good standing throughout the term of the approval, a performance bond
or other surety or another form of security for the removal of the facility in the event that the use is
abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the
amount equal to 100 percent of the cost of removal of the facility as specified in the application for the
WTFP or as that amount may be modified by the public works director in the permit based on the
characteristics of the installation. The permittee shall reimburse the city for staff time associated with
the processing and tracking of the bond, based on the hourly rate adopted by the city council.
Reimbursement shall be paid when the security is posted and during each administrative review.
F. 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. All facilities, including each piece of
equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW,
impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of
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poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency
facilities, or otherwise obstruct the accessibility of the PROW.
G. Contact information. Each permittee of a wireless telecommunications facility shall provide the public
works director with the name, address and 24-hour local or toll free contact phone number of the
permittee, the owner, the operator and the agent responsible for the maintenance of the facility
(contact information). Contact information shall be updated within seven days of any change.
H. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment,
lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be
maintained in good condition, including ensuring the facilities are reasonably free of:
1. Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets,
sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any
kind or nature, or utility lines and systems, underground utility line and systems (water, sewer,
storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with
the installation and/or maintenance of a wireless facility in the PROW;
2. General dirt and grease;
3. Chipped, faded, peeling, and cracked paint;
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed
at the sole expense of the permittee within 48 hours after notification from the city;
8. Broken and misshapen structural parts; and
9. Any damage from any cause.
I. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in
neat, safe and good condition at all times, and the permittee, owner and operator of the facility shall
be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any
approved landscaping plan may be made until it is submitted to and approved by the public works
director.
J. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is
not sufficient to return the facility to the condition it was in at the time of installation.
K. Each facility shall be operated and maintained to comply with all conditions of approval. The permittee,
when directed by the city, must perform an inspection of the facility and submit a report to the public
works director on the condition of the facility to include any identified concerns and corrective action
taken. Additionally, as the city performs maintenance on city-owned infrastructure, additional
maintenance concerns may be identified. These will be reported to the permittee. The city shall give
the permittee 30 days to correct the identified maintenance concerns after which the city reserves the
right to take any action it deems necessary, which could include revocation of the permit. The burden
is on the permittee to demonstrate that it complies with the requirements herein. Prior to issuance of
a permit under this chapter, the owner of the facility shall sign an affidavit attesting to understanding
the city's requirement for performance of annual inspections and reporting.
L. All facilities permitted pursuant to this chapter shall comply with the Americans with Disabilities Act.
M. The permittee shall be responsible for obtaining power to the facility and for the cost of electrical
usage.
N. Interference.
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1. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing
structure, improvement, or property without the prior consent of the owner of that structure,
improvement, or property. No structure, improvement, or property owned by the city shall be
moved to accommodate a permitted activity or encroachment, unless the city determines that
such movement will not adversely affect the city or any surrounding businesses or residents, and
the permittee pays all costs and expenses related to the relocation of the city's structure,
improvement, or property. Prior to commencement of any work pursuant to a wireless
encroachment permit, the permittee shall provide the city with documentation establishing to
the city's satisfaction that the permittee has the legal right to use or interfere with any other
structure, improvement, or property within the PROW or city utility easement to be affected by
permittee's facilities.
2. The facility shall not damage or interfere in any way with city property, the city's operations or
the operations of prior-existing, third-party installations. The city will reasonably cooperate with
the permittee and/or carrier to carry out such activities as are necessary to correct the
interference.
a. Signal interference. The permittee shall correct any unacceptable interference in
accordance with applicable FCC regulations.
b. Physical interference. The city shall give the permittee 30 days to correct the interference
after which the city reserves the right to take any action it deems necessary, which could
include revocation of the permit.
3. The city at all times reserves the right to take any action it deems necessary, in its sole discretion,
to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the
operation of the facility. The city will in all cases, other than emergencies, give the applicant 30
days written notification of such planned, non-emergency actions.
O. RF exposure and testing compliance.
1. All facilities shall comply with all standards and regulations of the FCC and any other state or
federal government agency with the authority to regulate RF exposure standards. After
transmitter and antenna system optimization, but prior to unattended operations of the facility,
the permittee or its representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC Office of Engineering and Technology Bulletin 65 RF
Emissions Safety Rules for General Population/Uncontrolled RF Exposure in All Sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the testing shall
occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general
population limit.
2. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30
a.m. and 4:30 p.m. Testing is prohibited on holidays and weekends.
P. Records. The permittee shall maintain complete and accurate copies of all permits and other regulatory
approvals issued in connection with the 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.
Q. Attorney's fees. In the event the city determines that it is necessary to take legal action to enforce any
of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be
required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by
the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city
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should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not
apply if the permittee prevails in the enforcement proceeding.
(Code 1981, § 12.18.090; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.100. No dangerous condition or obstructions allowed.
No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably
likely to endanger the safety of persons or property, or when such site or location is used for public utility
purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes
with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped
vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or
signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or
near said location.
(Code 1981, § 12.18.100; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.110. Nonexclusive grant; no possessory interests.
A. No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or
franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no
approval shall be construed as a warranty of title.
B. No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, the permittee acknowledges that the city has given
to the applicant notice pursuant to Revenue and Taxation Code § 107.6 that the use or occupancy of any
public property pursuant to a WTFP may create a possessory interest which may be subject to the payment
of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely
liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other
taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property
pursuant to any right of possession, occupancy, or use created by the WTFP.
C. The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance
against the PROW. No right, title, or interest (including franchise interest) in the PROW, or any part thereof,
shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other
permit or exercise of any privilege given thereby.
(Code 1981, § 12.18.110; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.120. Permit expiration; abandonment of applications.
A. Permit term. 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. A permittee may apply for up to a 10-
year permit term extension within six months prior to expiration, which may be considered by the Public
Works Director if the facility has operated without verified violations, even if nonconforming.
B. Application for new permit. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the city's current code requirements for wireless
telecommunications facilities.
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C. Timing of installation. The installation and construction authorized by a WTFP shall begin within one year
after its approval, or it will expire without further action by the city. The installation and construction
authorized by a WTFP shall conclude, including any necessary post-installation repairs and/or restoration to
the PROW, within 30 days following the day construction commenced.
D. Commencement of operations. The operation of the approved facility shall commence no later than 90 days
after the completion of installation, or the WTFP will expire without further action by the city. The permittee
shall provide the public works director notice that operations have commenced by the same date.
(Code 1981, § 12.18.120; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.130. Cessation of use or abandonment.
A. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless
the permittee has obtained prior written approval from the director which shall not be unreasonably denied.
If there are two or more users of a single facility, then this provision shall not become effective until all users
cease using the facility.
B. The operator of a facility shall notify the public works director in writing of its intent to abandon or cease use
of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or
abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide
written notice to the public works director of any discontinuation of operations of 30 days or more.
C. Failure to inform the public works director of cessation or discontinuation of operations of any existing
facility as required by this section shall constitute a violation of any approvals and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any bond or other assurance required by this article or conditions of approval of the permit;
4. Removal of the facilities by the city in accordance with the procedures established under this Code for
abatement of a public nuisance at the owner's expense; and/or
5. Any other remedies permitted under this Code or by law.
(Code 1981, § 12.18.130; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.140. Removal and restoration; permit expiration, revocation or abandonment.
A. Timeline for removal. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall within 60
days remove its wireless telecommunications facility and restore the site to the condition it was in prior to
the granting of the WTFP, except for retaining the landscaping improvements and any other improvements
at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and
all ordinances, rules, and regulations of the city. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or expense to the city.
B. Revocation. Any WTFP may be amended, suspended, or revoked for violations of the provisions of this
chapter or any condition of approval. Amendment, suspension, or revocation shall be pursuant to the
procedures of section 17.86.060 (Suspension or revocation of permits), following notice of the violations to
the permittee, and a reasonable opportunity to correct.
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C. Summary removal. In the event any city director or city engineer determines that the condition or placement
of a wireless telecommunications facility located in the public right-of-way constitutes an immediate
dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or
determines other exigent circumstances require immediate corrective action (collectively, exigent
circumstances), such director or city engineer may cause the facility to be removed summarily and
immediately without advance notice or a hearing. Written notice of the removal shall include the basis for
the removal and shall be served upon the permittee and person who owns the facility within five business
days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner
cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days,
the facility shall be treated as abandoned property.
D. Removal of facilities by city. In the event the city removes a wireless telecommunications facility in
accordance with nuisance abatement procedures stated in chapter 8.24 (Property Maintenance) or pursuant
to the summary removal procedures of subsection (C) of this section, any such removal shall be without any
liability to the city for any damage to such facility that may result from reasonable efforts of removal. In
addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from
the performance bond posted and to the extent such costs exceed the amount of the performance bond,
collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no
obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city
destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal
by the city due to exigent circumstances.
(Code 1981, § 12.18.140; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.150. Effect on other ordinances.
Compliance with the provisions of this chapter shall not relieve a person from complying with any other
applicable provision of this Code. In the event of a conflict between any provision of this chapter and other
sections of this Code, this chapter shall control.
(Code 1981, § 12.18.150; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.160. State or federal law.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter 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 the provision of personal wireless services, or otherwise
violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be
waived, but only to the minimum extent required to avoid the prohibition or violation.
(Code 1981, § 12.18.160; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.170. Legal nonconforming wireless telecommunications facilities in the right-of-way.
A. Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not
conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten years from the date this chapter
became effective, be brought into conformity with all requirements of this article; provided, however, that
should the owner desire to expand or modify the facility, intensify the use, or make some other change in a
conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent
the city can require such compliance under federal and state law.
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C. An aggrieved person may file an appeal to the city council of any decision the public works director or other
deciding body made pursuant to this section. In the event of an appeal alleging that the ten-year
amortization period is not reasonable as applied to a particular property, the city council may consider the
amount of investment or original cost, present actual or depreciated value, dates of construction,
amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the
lease under which it is maintained (if any), and the harm to the public if the structure remains standing
beyond the prescribed amortization period, and set an amortization period accordingly for the specific
property.
(Code 1981, § 12.18.170; Ord. No. 621, § 2(exh. A), 4-16-2019)
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Attachment “B”
Note: Additions are noted as bolded and underlined and deletions as strikethrough
CHAPTER 12.18. WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY
12.18.010. Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and
standards for the permitting, development, siting, installation, design, operation and maintenance of wireless
telecommunications facilities in the city's public right-of-way. These regulations are intended to prescribe clear and
reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the
impacts associated with wireless telecommunications facilities. This chapter provides standards necessary:
(1) For the preservation of the public right-of-way (PROW) in the city for the maximum benefit and use of
the public;
(2) To promote and protect public health and safety, community welfare, visual resources and the
aesthetic quality of the city consistent with the goals, objectives and policies of the general plan;
(3) To provide for the orderly, managed and efficient development of wireless telecommunications
facilities in accordance with the state and federal laws, rules and regulations, including those
regulations of the Federal Communications Commission (FCC) and California Public Utilities
Commission (CPUC); and
(4) To ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for
the placement of wireless facilities.
The city recognizes the importance of wireless facilities to provide high-quality communications service to
the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable
federal and state laws. This chapter shall be constructed and applied in consistency with the provisions of state
and federal laws, and the rules and regulations of FCC and CPUC. In the event of any inconsistency between any
such laws, rules and regulations and this chapter, the laws, rules and regulations shall control.
(Code 1981, § 12.18.010; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators
and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, vaults,
radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters,
regular power supply units, fans, air conditioning units, cables and wiring to which an antenna is attached in order
to facilitate the provision of wireless telecommunication services.
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Antenna means that specific device for transmitting and/or receiving radio frequency or other signals for
purposes of wireless telecommunications services. The term "antenna" is specific to the antenna portion of a
wireless telecommunications facility.
Antenna array means two or more antennas having active elements extending in one or more directions, and
directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and
antenna support, all of which elements are deemed to be part of the antenna.
Approval authority means the city official responsible for reviewing applications for small cell permits and
vested with the authority to approve, conditionally approve or deny such applications.
Arterial road means a road designed primarily for long-distance travel with high traffic capacity and low
accessibility from neighboring roads and is not intended to be a residential street; however, some older arterial
streets do provide direct access to residential units. Arterials are typically characterized by both two-lane and four-
lane roadways and collects traffic from collector roads. The term "arterial road" is defined in the city general plan,
circulation element.
Base station shall have the meaning as set forth in 47 CFR 1.400011.6100(b)(1), or any successor provision. The
term "base station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized
wireless communications between user equipment and a communications network (regardless of the
technological configuration and encompassing DAS and small cells). The term "base station" does not encompass a
tower or any equipment associated with a tower. The term "base station" includes, without limitation:
1. Equipment associated with wireless communications services such as private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration (including distributed antenna
systems and small cells).
3. Any structure other than a tower that, at the time the relevant application is filed with the city under
this chapter, supports or houses equipment described in subsections 1 and 2 of this definition that has
been reviewed and approved under the applicable zoning or siting process, or under another state or
local regulatory review process, even if the structure was not built for the sole or primary purpose of
providing that support.
4. The term "base station" does not include any structure that, at the time the relevant application is filed
under this chapter, does not support or house equipment described in subsections 1 and 2 of this
definition. Other structures that do not host wireless telecommunications facilities are not base
stations.
As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually
supports wireless equipment even though it was not originally intended for that purpose. Examples include, but
are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A
structure without wireless equipment replaced with a new structure designed to bear the additional weight from
wireless equipment constitutes a base station.
COW means a cell on wheels, which is a portable, self-contained wireless telecommunications facility that
can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily
rolled in, or temporarily installed, at a location. Under this chapter, the maximum time a facility can be installed to
be considered a COW is five days or the duration of a declared emergency, as approved by the Director . A COW is
normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
Cellular means an analog or digital wireless telecommunications technology that is based on a system of
interconnected neighboring cell sites.
City means the City of Rancho Palos Verdes.
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Code means the Rancho Palos Verdes Municipal Code.
Collector road means a road designed primarily as a connection between local roads and arterials that serve
moderate to low traffic capacity and high accessibility from local roads. The term "collector road" is defined in the
city general plan, circulation element.
Collocation means:
1. For the purposes of any eligible facilities request, the same as defined by the FCC in 47 CFR
1.400016100(b)(2), as may be amended, which defines that term 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." As an illustration and not a limitation,
the FCC's definition means to add transmission equipment to an existing facility and does not
necessarily refer to two or more different facility operators in the same location; and
2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may be amended, which
defines that term as:
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
Collocation facility means the eligible support structure on, or immediately adjacent to, which a collocation is
proposed, or a wireless telecommunications facility that includes collocation facilities. (See Government Code §
65850.6(d).)
Concealed or concealment means camouflaging techniques that integrate the transmission 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) Antennas mounted within a radome above on a streetlight;
(3) Equipment cabinets in the public rights-of-way painted or wrapped to match the background; and
(4) An isolated or standalone faux-tree.
Decorative pole means any pole that includes decorative or ornamental features, design elements and/or
materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.
Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a
common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications
service within a specific geographic area or building. The term "DAS" includes the transport medium, the hub, and
any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless
telecommunications services.
Eligible facilities request means any request for modification to an existing eligible support structure that does not
substantially change the physical dimensions of such structure, involving:
1. Collocation of new transmission equipment;
2. Removal of transmission equipment;
3. Replacement of transmission equipment (replacement does not include completely replacing the
underlying support structure); or
4. Hardening through structural enhancement where such hardening is necessary to accomplish the
eligible facilities request but does not include replacement of the underlying support structure.
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The term "eligible facilities request" does not include modifications or replacements when an eligible support
structure was constructed or deployed without proper local review, was not required to undergo local review, or
involves equipment that was not properly approved. The term "eligible facilities request" does include collocation
facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code §
65850.6.
Eligible support structure means any support structure located in the PROW that is existing at the time the
relevant application is filed with the city under this chapter.
Existing means a support structure, wireless telecommunications facility, or accessory equipment that has
been reviewed and approved under the city's applicable zoning or permitting process, or under another applicable
state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed
under this chapter. However, a support structure, wireless telecommunications facility, or accessory equipment
that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this chapter. The term "existing" does not apply to any structure that:
(1) Was illegally constructed without all proper local agency approvals; or
(2) Was constructed in noncompliance with such approvals.
The term "existing" does not apply where an existing support structure is proposed to be replaced in furtherance
of the proposed wireless telecommunications facility.
FCC means the Federal Communications Commission.
FCC shot clock means the presumptively reasonable time frame within which the city generally must act on a
given wireless application, as defined by the FCC and as may be amended from time to time. The shot clock shall
commence on day zero, which is the day the WTFP application is submitted.
Facility means a wireless telecommunications facility.
Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically
constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly
on the ground at grade level.
Lattice tower means an open framework structure used to support one or more antennas, typically with
three or four support legs.
Located within (or in) the public right-of-way includes any facility which in whole or in part, itself or as part of
another structure, rests upon, in, over or under the PROW.
Ministerial permit means any city-issued non-discretionary permit required to commence or complete any
construction or other activity subject to the city's jurisdiction. The term "ministerial permit" may include, without
limitation, a building permit, construction permit, electrical permit, encroachment permit, excavation permit
and/or traffic control permit.
Modification means a change to an existing wireless telecommunications facility that involves any of the
following: collocation, replacement, expansion, alteration, enlargement, intensification, reduction, or
augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. The
term "modification" does not include repair, replacement or maintenance if those actions do not involve
whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing
wireless telecommunications facility.
Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A
monopole includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other
faux objects attached on a monopole (e.g., water tower).
Mounted means attached or supported.
OTARD antennas means antennas covered by the over-the-air reception devices rule in 47 CFR 1.4000 et seq.
as may be amended or replaced from time to time.
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Permittee means any person or entity granted a wireless telecommunication facilities permit (WTFP)
pursuant to this chapter.
Personal wireless services shall have the same meaning as set forth in 47 USC 332(c)(7)(C)(i), as may be
amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and
common carrier wireless exchange access services.
Planning director means the director of community development, or their designee.
Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment
mounted thereon in a safe and adequate manner and as required by provisions of this Code.
Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription,
condemnation, or easement that allows for the passage of people and goods. The term "PROW" includes, but is
not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips. The
term "PROW" does not include land owned, controlled or operated by the city for uses unrelated to streets or the
passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards,
and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.
Public works director means the director of public works or their designee.
RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the
electromagnetic spectrum range.
Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or
eligible support structures where the replacement structure will not result in a substantial change as defined by
the Federal Communications Commission. be of like-for-like kind to resemble the appearance and dimensions of
the structure or equipment replaced, including size, height, color, landscaping, materials and style.
1. In the context of determining whether an application qualifies as an eligible facilities request, the term
"replacement" relates only to the replacement of transmission equipment and does not include
replacing the support structure on which the equipment is located.
2. In the context of determining whether a SWF application qualifies as being placed upon a new eligible
support structure or qualifies as a collocation, an application proposing the replacement of the
underlying support structure qualifies as a new pole proposal.
SWF means a small wireless facility as defined by the FCC in 47 CFR 1.6002(l), as may be amended, which are
personal wireless services facilities that meet all the following conditions that, solely for convenience, have been
set forth below:
1. The facility:
a. Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as
defined in 47 CFR 1.1320(d);
b. Is mounted on an existing or proposed structure no more than ten percent taller than other
adjacent structures; or
c. Does not extend an existing structure on which it is located to a height of more than 50 feet or by
more than ten percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in
the definition of antenna in 47 CFR 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 CFR part 17;
5. The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
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6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
Section 6409 means section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No.
112-96, 126 Stat. 156, codified as 47 USC 1455(a), as may be amended. The Middle Class Tax Relief and Job
Creation Act of 2012 is also referenced herein occasionally as the Spectrum Act.
Small cell means a low-powered antenna (node) that has a range of ten meters to two kilometers. The nodes
of a small cell may or may not be connected by fiber. The term "small," for purposes of "small cell," refers to the
area covered, not the size of the facility. The term "small cell" includes, but is not limited to, devices generally
known as microcells, picocells and femtocells.
Small cell network means a network of small cells.
Substantial change has the same meaning as substantial change as defined by the FCC at 47 CFR
1.400011.6100(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be
replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with
the structure, such modification may be deemed a non-substantial change, in the discretion of the public works
director and based upon their reasonable consideration of the cabinet's proximity to residential view sheds,
interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is
technologically infeasible such that it is materially inhibitive to the project, the public works director may allow for
a ground-mounted cabinet. A modification or collocation results in a substantial change to the physical dimensions
of an eligible support structure if it does any of the following:
1. It increases the height of the structure by more than ten percent or more than ten feet, whichever is
greater;
2. It involves adding an appurtenance to the body of the structure that would protrude from the edge of
the structure by more than six feet;
3. It involves installation of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets. However, for towers and base stations located in
the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there
are no pre-existing ground cabinets associated with the structure, or else involves installation of
ground cabinets that are more than ten percent larger in height or overall volume than any other
ground cabinets associated with the structure;
4. It entails any excavation or deployment outside the current site. For purposes of this subsection,
excavation outside the current site occurs where excavation more than 12 feet from the eligible
support structure is proposed;
5. It defeats the concealment or stealthing elements of the eligible support structure; or
6. It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure; provided, however, that this limitation does not apply to
any modification that is noncompliant only in a manner that would not exceed the thresholds
identified in subsections 1. through 4. of this definition.
7. For all proposed collocations and modifications, a substantial change occurs when:
a. The proposed collocation or modification involves more than the standard number of new
equipment cabinets for the technology involved, but not to exceed four equipment cabinets;
b. The proposed collocation or modification would defeat the concealment elements of the support
structure; or
c. The proposed collocation or modification violates a prior condition of approval; provided,
however, that the collocation need not comply with any prior condition of approval that is
inconsistent with the thresholds for a substantial change described in this section.
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The thresholds and conditions for a substantial change described in this section are disjunctive such that the
violation of any individual threshold or condition results in a substantial change. The height and width thresholds
for a substantial change described in this section are cumulative for each individual support structure. The
cumulative limit is measured from the physical dimensions of the original structure for base stations, and for all
other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22, 2012,
inclusive of originally approved appurtenances and any modifications that were approved prior to that date.
Support structure means a tower, pole, base station or other structure used to support a wireless
telecommunications facility.
Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 CFR
1.400011.6100(b)(9), including, without limitation, a freestanding mast, pole, monopole, guyed tower, lattice
tower, free standing tower or other structure designed and built for the sole or primary purpose of supporting any
FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for
wireless communications services, including, but not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated
site. This definition does not include utility poles.
Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized
wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term "transmission equipment" includes equipment associated
with wireless communications services, including, but not limited to, private, broadcast, and public safety services,
as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or
cables necessary to the provision of electrical or other utility services regulated by the state public utilities
commission. A telecommunications tower is not a utility pole.
WTFP means a wireless telecommunications facility permit required by this chapter, which may be
categorized as either a major WTFP or a minor WTFP.
Wireless telecommunications facility means equipment and network components such as antennas, accessory
equipment, support structures, and emergency power systems that are integral to providing wireless
telecommunications services. Exceptions: The term "wireless telecommunications facility" does not apply to the
following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider owned and operated telecommunications facilities.
3. Mobile services providing public information coverage of news events of a temporary nature.
4. Any wireless telecommunications facilities exempted from this Code by federal law or state law.
Wireless telecommunications services means the provision of services using a wireless telecommunications
facility or a collocation facility, and shall include, but not be limited to, the following services: personal wireless
services as defined in the Federal Telecommunications Act of 1996 at 47 USC 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio telecommunications.
(Code 1981, § 12.18.020; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.030. Applicability.
A. This chapter applies to the siting, construction or modification of any and all wireless telecommunications
facilities proposed to be located in the public right-of-way.
B. Pre-existing facilities in the PROW. Nothing in this chapter shall validate any existing illegal or unpermitted
wireless facilities. All existing wireless facilities shall comply with and receive an encroachment permit, when
applicable, in order to be considered legal and conforming.
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C. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
3. Facilities owned and operated by the city for its use or for public safety purposes;
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;
5. Installation of a COW or a similar structure for a temporary period in connection with an emergency or
event at the discretion of the public works director, but no longer than required for the emergency or
event, provided that installation does not involve excavation, movement, or removal of existing
facilities.
D. Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant
to this chapter will be subordinate to the city's use and use by the public.
(Code 1981, § 12.18.030; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.040. Wireless telecommunications facility permit requirements.
A. Administration. Unless a matter is referred to the planning director as provided below, the public works
director is responsible for administering this chapter. As part of the administration of this chapter, the public
works director may:
1. Interpret the provisions of this chapter;
2. Develop and implement standards governing the placement and modification of wireless
telecommunications facilities consistent with the requirements of this chapter, including regulations
governing collocation and resolution of conflicting applications for placement of wireless facilities;
3. Develop and implement acceptable design, location and development standards for wireless
telecommunications facilities in the PROW, taking into account the zoning districts bounding the
PROW;
4. Develop forms and procedures for submission of applications for placement or modification of wireless
facilities, and proposed changes to any support structure consistent with this chapter;
5. Collect, as a condition of the completeness of any application, any fee established by this chapter;
6. Establish deadlines for submission of information related to an application, and extend or shorten
deadlines where appropriate and consistent with federal laws and regulations;
7. Issue any notices of incompleteness, requests for information, or conduct or commission such studies
as may be required to determine whether a permit should be issued;
8. Except in the case of an eligible facilities request under Section 6409, rRequire, as part of, and as a
condition of completeness of any application, that an applicant for a wireless telecommunication
facilities permit send notice to members of the public that may be affected by the placement or
modification of the wireless facility and proposed changes to any support structure;
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9. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or
deny an application; and
10. Take such other steps as may be required to timely act upon applications for placement of wireless
telecommunications facilities, including issuing written decisions and entering into agreements to
mutually extend the time for action on an application.
B. Minor wireless telecommunications facilities permits (minor WTFP).
1. A minor WTFP, subject to the public works director's approval, may be issued for certain wireless
telecommunications facilities, collocations, modifications or replacements to an eligible support
structure that meet the following criteria:
a. The proposal is determined to be for a SWF; or
b. The proposal is determined to be an eligible facilities request.
2. In the event that the public works director determines that any application submitted for a minor
WTFP does not meet the permit criteria of this chapter, the director shall inform the applicant on non-
compliance and provide an opportunity to revise the proposal to comply. If the applicant cannot
resolve the non-compliance, the public works director shall convert the application to a major WTFP
and refer it to the planning director for planning commission consideration at a public hearing.
3. Except in the case of an eligible facilities request, the public works director may refer any application
for a minor WTFP to the planning director, who shall have discretion to further refer the application to
planning commission for consideration at a public hearing. If the planning director determines not to
present the minor WTFP application to the planning commission for hearing, the application shall be
relegated back to the public works director for processing. None of the exercises of discretion set forth
in this subparagraph shall not apply to an eligible facilities request.
C. Major wireless telecommunications facilities permit (major WTFP). All other new wireless
telecommunications facilities or replacements, collocations, or modifications to a wireless
telecommunications facility that are not qualified for a minor WTFP shall require a major WTFP subject to
planning commission hearing and approval unless otherwise provided for in this chapter.
D. Other permits required. In addition to any permit that may be required under this chapter, the applicant
must obtain all other required prior permits or other approvals from other city departments, or state or
federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of
other required prior permits or other approvals from other city departments, state or federal agencies.
Building and encroachment permits, and all city standards and requirements therefor, are applicable.
E. Eligible applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or
federal law, or who have entered into a franchise agreement with the city permitting them to use the PROW,
shall be eligible for a WTFP pursuant to this chapter.
(Code 1981, § 12.18.040; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.050. Application for wireless telecommunications facility permits.
A. General. The applicant shall submit a paper copy and an electronic copy of any application, amendments,
modifications, or supplements to a WTFP application, or responses to requests for information regarding a
WTFP, including all applications and requests for authorization to construct, install, attach, operate,
collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the city's jurisdictional
and territorial boundaries within the PROWs, in accordance with the provisions of this section.
1. The city requires strongly encourages a pre-application submittal meeting for any a major WTFP. The
city does not require a pre-application submittal meeting for a minor WTFP; however, the city strongly
encourages applicants to schedule and attend a pre-application submittal conference with the
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approval authority for all proposed minor WTFP projects, and particularly those that involve more than
five minor WTFPs.
a. Voluntary pPre-submittal conferences do not cause the FCC shot clock to begin and are intended
to streamline the review process through informal discussion that includes, without limitation,
the appropriate project classification and review process; any latent issues in connection with the
proposed project, including compliance with generally applicable rules for public health and
safety; potential concealment issues or concerns (if applicable); coordination with other city
departments responsible for application review; and application completeness issues.
b. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged
(but not required) to bring any draft applications or other materials so that city staff may provide
informal feedback and guidance about whether such applications or other materials may be
incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the
applicant with an appointment within five working days after receiving a written request and any
applicable fee or deposit to reimburse the city for its reasonable costs to provide the services
rendered in the for a pre-submittal conference.
c. Any request for a voluntary pre-submittal conference shall be in writing and shall confirm that
any drafts to be provided the city at the pre-submittal conference will not be deemed as
"submissions" triggering the start of any FCC shot clock.
2. All applications for WTFPs shall be initially submitted to the public works director. In addition to the
information required of an applicant for an encroachment permit or any other permit required by this
Code, each applicant shall fully and completely submit to the city a written application on a form
prepared by the public works director.
3. Major WTFP applications must be submitted to the public works director at a scheduled application
submission appointment. City staff will endeavor to provide applicants with an appointment within five
business days after receipt of a written request therefor. A WTFP application will only be reviewed
upon submission of a complete application therefor. A pre-submission appointment is not required for
minor WTFPs.
4. For SWF, applicants may submit up to five individual applications for a WTFP in a batch; provided,
however, that SWF in a batch must be proposed with substantially the same equipment in the same
configuration on the same support structure type. Each application in a batch must meet all the
requirements for a complete application, which includes without limitation the application fee for each
site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed
incomplete. If any application is withdrawn or deemed withdrawn from a batch as described in this
chapter, the entire batch shall be deemed withdrawn. If any application in a batch fails to meet the
required findings for approval, the entire batch shall be denied.
5. If the wireless telecommunications facility will also require the installation of fiber, cable, or coaxial
cable, such cable installations shall be included within the application form and processed in
conjunction with the proposal for vertical support structures. Applicants shall simultaneously request
fiber installation or other cable installation when seeking to install antennas in the PROW. Standalone
applications for the installation of fiber, cable, or coaxial cable, or accessory equipment designed to
serve an antenna must include all features of the wireless telecommunications facility proposed.
B. Application contents—Minor WTFPs. The content of the application form for facilities subject to a minor
WTFP shall be determined by the public works director in addition to all other information reasonably
deemed necessary, but at a minimum shall include the following:
1. The name of the applicant, its telephone number and contact information, and if the applicant is a
wireless infrastructure provider, the name and contact information for the wireless service provider
that will be using the wireless facility.
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2. The name of the owner of the structure, if different from the applicant, and, except in the case of an
eligible facilities request, a signed and notarized owner's authorization for use of the structure.
3. A complete description of the proposed wireless telecommunications facility and any and all work that
will be required to install or modify it, including, but not limited to, details regarding proposed
excavation, if any; detailed site plans showing the location of the wireless telecommunications facility,
and dimensioned drawings with specifications for each element of the wireless facility, clearly
describing the site and all structures and facilities at the site before and after installation or
modification; and a dimensioned map identifying and describing the distance to the nearest residential
dwelling unit and any historical structure within 250 feet of the facility. Before and after 360 degree
photo simulations showing at a minimum of 180 degrees and up to 360 degrees, as agreed upon by
the public works director, shall be provided.
4. Documentation sufficient to show that the proposed facility will comply with generally-applicable
health and safety provisions of the municipal code and the FCC's radio frequency emissions standards.
5. A copy of the lease JPC authorization form, or other agreement, if any, between the applicant and the
owner of the property to which the proposed facility will be attached.
6. If the application is for a SWF, the application shall state as such and shall explain why the proposed
facility meets the definition of a SWF.
7. If the application is for an eligible facilities request, the application shall state as such and must contain
information sufficient to show that the application qualifies as an eligible facilities request, which
information must demonstrate that the eligible support structure was not constructed or deployed
without proper local review, was not required to undergo local review, or involves equipment that was
not properly approved. This shall include copies of all applicable local permits in-effect and as-built
drawings of the current site. Before and after 360 degree photo simulations showing at a minimum of
180 degrees and up to 360 degrees, as agreed upon by the public works director, shall be provided, as
well as documentation sufficient to show that the proposed facility will comply with generally-
applicable health and safety provisions of the municipal code and the FCC's radio frequency emissions
standards.
8. For SWFs, the application shall also contain:
a. Application fee. The applicant shall submit the applicable SWF WTFP application fee established
by city council resolution. Batched applications must include the applicable application fee for
each SWF in the batch.
b. Construction drawings. The applicant shall submit true and correct construction drawings,
prepared, signed and stamped by a California licensed or registered engineer, that depict all the
existing and proposed improvements, equipment and conditions related to the proposed project,
which includes without limitation any and all poles, posts, pedestals, traffic signals, towers,
streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire
hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The
construction drawings shall:
(i) Contain cut sheets that contain the technical specifications specific dimensions all existing
and proposed antennas and accessory equipment, and which includes without limitation
the manufacturer, model number, and physical dimensions;
(ii) Identify all structures within 250 feet from the proposed project site and call out such
structures' overall height above ground level;
(iii) If providing, dDepict the applicant's plan for electric and data backhaul utilities, which shall
include the locations for all conduits, cables, wires, handholes, junctions, transformers,
meters, disconnect switches, and points of connection; and
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(iv) Demonstrate that proposed project will be in full compliance with all applicable health and
safety laws, regulations or other rules, which includes without limitation all building codes,
electric codes, local street standards and specifications, and public utility regulations and
orders.
c. Site survey. For any SWF proposed to be located within the PROW, the applicant shall submit a
survey prepared, signed, and stamped by a state-licensed or -registered engineer. The survey
must identify and depict all existing boundaries, encroachments and other structures within 250
feet from the proposed project site, which includes, without limitation, all:
(i) Traffic lanes;
(ii) Private properties and property lines;
(iii) Above and below-grade utilities and related structures and encroachments;
(iv) Fire hydrants, roadside call boxes and other public safety infrastructure;
(v) Streetlights, decorative poles, traffic signals and permanent signage;
(vi) Sidewalks, driveways, parkways, curbs, gutters and storm drains;
(vii) Benches, trash cans, mailboxes, kiosks and other street furniture; and
(viii) Existing trees, planters and other landscaping features.
d. Photo simulations. The applicant shall submit site photographs and 360 degree photo simulations
that show at a minimum of 180 degrees and up to 360 degrees, as agreed upon by the public
works director, of the existing location and proposed SWF in context from at least three vantage
points within the public streets or other publicly accessible spaces, together with a vicinity map
that shows the proposed site location and the photo location for each vantage point.
e. Project narrative and justification. The applicant shall submit a written statement that explains in
plain factual detail whether and why the proposed wireless facility qualifies as a SWF as defined
by the FCC in 47 CFR 1.6002(l). 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. As part of the
written statement the applicant must also include:
(i) Whether and why the proposed support is a structure as defined by the FCC in 47 CFR
1.6002(m); and
(ii) Whether and why the proposed wireless facility meets each required finding for a SWF
permit as provided in section 12.18.060 (Review procedure).
f. RF compliance report. The applicant shall submit an RF exposure compliance report that certifies
that the proposed SWF, as well as any collocated wireless facilities, will comply with applicable
federal RF exposure standards and exposure limits. The RF report, as reasonably acceptable to
the City, must be prepared and certified by an RF engineer acceptable to the city. The RF report
must include the actual frequency and power levels (in watts 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 the boundaries of areas with RF
exposures in excess of the controlled/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.
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g. Public notice. Prior to deeming the application complete, the applicant shall submit a mailing list
and two sets of labels for all properties and record owners of properties within 500 feet of the
project location.
h. Regulatory authorization. The applicant shall submit evidence of the applicant's regulatory status
under federal and state law to provide the services and construct the SWF proposed in the
application.
i. Site agreement. For any SWF proposed to be installed on any structure owned or controlled by
the city and located within the public rights-of-way, the applicant must enter into a site
agreement prepared on a form prepared by the city and approved by the city attorney that states
the terms and conditions for such non-exclusive use by the applicant. No changes shall be
permitted to the city's form site agreement except as may be indicated on the form itself. Any
unpermitted changes to the city's form site agreement shall be deemed a basis to deem the
application incomplete.
j. Acoustic analysis. The applicant shall submit an acoustic analysis prepared and certified by an
acoustic licensed engineer for the proposed SWF and all associated equipment including all
environmental control units, sump pumps, temporary backup power generators and permanent
backup power generators demonstrating compliance with the following noise regulations:
i. Backup generators shall only be operated during periods of power outages, and shall not
be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.;
ii. At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA
three feet from the source of the noise if the facility is located in the public right-of-way
adjacent to a business, commercial, manufacturing, utility or school zone; provided,
however, that for any such facility located within 500 feet of any property zoned residential
or improved with a residential use, such equipment noise shall not exceed 45 dBA three
feet from the sources of the noise.
The acoustic analysis shall 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 an acoustic analysis, 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.
k. Wind load analysis. The applicant shall submit a wind load analysis with an evaluation of high
wind load capacity and shall include the impact of modification of an existing facility.
l. Environmental data. A completed environmental assessment application, or in the alternative
any and all documentation identifying the proposed WTFP as exempt from environmental review
(under the California Environmental Quality Act, Public Resources Code 21000 et seq., the
National Environmental Policy Act, 42 USC 4321 et seq., or related environmental laws).
Notwithstanding any determination of environmental exemption issued by another
governmental entity, the city reserves its right to exercise its rights as a responsible agency to
review de novo the environmental impacts of any WTFP application.
m. FAA documentation. Copies of any documents that the applicant is required to file pursuant to
Federal Aviation Administration regulations for the proposed wireless telecommunications
facility.
n. Traffic control plan. A traffic control plan when the proposed installation is on any street in a
nonresidential zone if there is no applicable Work Area Traffic Control Handbook that could be
used in a traffic control plan. The city shall have the discretion to require a traffic control plan
when the applicant seeks to use large equipment (e.g., crane).
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o. Landscape plan. If a proposed wireless facility has the potential to adversely impact the
surrounding area, at the direction of public works, a A scaled conceptual landscape plan
showing existing trees and vegetation and all proposed landscaping, concealment, screening and
proposed irrigation with a discussion of how the chosen material at maturity will screen the SWF
and its accessory equipment.
p. CPCN. Certification that applicant is a telephone corporation or a statement providing the basis
for its claimed right to enter the PROW. If the applicant has a certificate of public convenience
and necessity (CPCN) issued by the state public utilities commission, it shall provide a copy of its
CPCN.
q. Master deployment plan. A master deployment plan showing the locations of existing and
proposed small wireless facilities over the next two years.
9. If the applicant contends that denial of the application would prohibit or effectively prohibit the
provision of service in violation of federal law, or otherwise violate applicable law, the application must
provide all information on which the applicant relies on in support of that claim. Applicants are not
permitted to supplement this showing if doing so would prevent the city from complying with any
deadline for action on an application or FCC shot clock.
C. Application contents—Major WTFPs. The public works director shall develop an application form and make it
available to applicants upon request and post the application form on the city's website. The application
form for a major WTFP shall require the following information, in addition to all other information
determined necessary by the public works director:
1. The name, address, and telephone number of the applicant, owner, and the operator of the proposed
wireless telecommunication facility.
2. If the applicant does not, or will not, own the support structure, the applicant shall provide a duly-
executed letter of authorization from the owner of the structure. If the owner of the support structure
is the applicant, but such owner/applicant will not directly provide wireless telecommunications
services, the owner/applicant shall provide a duly-executed letter of authorization from the person or
entity that will provide those services.
3. A full written description of the proposed wireless telecommunications facility and its purpose.
4. Detailed engineering plans of the proposed wireless telecommunications facility and related report
prepared by a professional engineer registered in the state documenting the following:
a. Height/elevation, diameter, layout and design of the facility, including technical engineering
specifications, economic and other pertinent factors governing selection of the proposed design,
together with evidence that demonstrates that the proposed facility has been designed to be the
least intrusive equipment within the particular technology available to the carrier for
deployment.
b. A photograph and model name and number of each piece of the facility or proposed antenna
array and accessory equipment included.
c. Power output and operating frequency for the proposed antenna array (including any antennas
existing as of the date of the application serving the carrier identified in the application).
d. Total anticipated capacity of the wireless telecommunications facility for the subject carrier,
indicating the number and types of antennas and power and frequency ranges, which can be
accommodated.
e. Sufficient evidence of the structural integrity of the support structure as required by the city.
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5. A written description identifying the geographic service area to be served by the proposed WTFP, plus
gGeographic or propagation maps showing applicant's service area objectives.
6. A justification study which includes the rationale for selecting the proposed wireless
telecommunication facility design, support structure and location. A detailed explanation of the
applicant's coverage objectives that the proposal would serve, and how the proposed use is the least
intrusive means for the applicant to cover such objectives. This shall include:
a. A meaningful comparative analysis that includes all factual reasons why for selecting the
proposed location and design deviates from, or is the least compliant means of, or not the least
intrusive location and design necessary to reasonably achieve the applicant's reasonable
objectives of covering an established significant gap (as established under state and federal law).
b. The study shall include all eligible support structures and/or alternative sites evaluated for the
proposed major WTFP, and why the alternatives are not reasonably available, technically
feasible, or less intrusive options that most closely conform to the local values. The alternative
site analysis must include the consideration of at least two eligible support structures; or, if no
eligible support facilities are analyzed as alternatives, why no eligible support facilities are
reasonably available or technically feasible, or less intrusive.
c. If a portion of the proposed facility lies within a jurisdiction other than the city's jurisdiction, the
applicant must demonstrate that alternative options for locating the project fully within one
jurisdiction or the other is not a viable option. Applicant must demonstrate that it has obtained
all approvals from the adjacent jurisdiction for the installation of the extra-jurisdictional portion
of the project.
7. Site plans to scale, specifying and depicting the exact location of the proposed wireless
telecommunications facility, location of accessory equipment in relation to the support structure,
access or utility easements, existing utilities, adjacent land uses, and showing compliance with all
design and safety requirements set forth in this chapter.
8. A completed environmental assessment application, or in the alternative any and all documentation
identifying the proposed WTFP as exempt from environmental review (under the California
Environmental Quality Act, Public Resources Code 21000 et seq., the National Environmental Policy
Act, 42 USC 4321 et seq., or related environmental laws). Notwithstanding any determination of
environmental exemption issued by another governmental entity, the city reserves its right to exercise
its rights as a responsible agency to review de novo the environmental impacts of any WTFP
application.
9. An accurate visual impact analysis showing the maximum silhouette, view-shed analysis, color and
finish palette and proposed screening for the wireless telecommunications facility, including sScaled
photo simulations from at least three different angles and showing a 360-degree view at a minimum
of 180 degrees and up to 360 degrees, as agreed upon by the public works director .
10. Where applicable, cCompletion of the RF emissions exposure guidelines checklist contained in
appendix A to the FCC's Local Government Official's Guide to Transmitting Antenna RF Emission Safety
to determine whether the facility will be "categorically excluded," as that term is used by the FCC.
11. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant
shall submit an RF exposure compliance report prepared and certified by an RF a lciensed engineer
acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to
the cumulative exposure in the subject area, 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 the
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boundaries of areas with RF exposures in excess of the controlled/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. Applicant may submit one RF exposure compliance report addressing
multiple proposed facilities of similar design.
12. Copies of any documents that the applicant is required to file pursuant to Federal Aviation
Administration regulations for the proposed wireless telecommunications facility.
13. A noise study prepared by a qualified acoustic licensed engineer documenting that the level of noise to
be emitted by the proposed wireless telecommunications facility will comply with this Code, including
section 12.18.070(C)(15). If deemed acceptable by the public works director, in lieu of an acoustic
analysis, 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.
14. A traffic control plan when the proposed installation is on any street in a non-residential zone if there
is no applicable Work Area Traffic Control Handbook. The city shall have the discretion to require a
traffic control plan when the applicant seeks to use large equipment (e.g., crane).
15. If a proposed wireless facility has the potential to adversely impact the surrounding area, at the
direction of public works, aA scaled conceptual landscape plan showing existing trees and vegetation
and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how
the chosen material at maturity will screen the wireless telecommunication facility.
16. Certification that applicant is a telephone corporation, or a statement providing the basis for its
claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and
necessity (CPCN) issued by the state public utilities commission, it shall provide a copy of its CPCN.
17. Evidence that the proposed wireless facility qualifies as a personal wireless services facility.
18. Address labels for use by the city in noticing all property owners within 500 feet of the proposed
wireless telecommunication facility and, if applicable, all public hearing information required by the
municipal code for public noticing requirements.
19. Any other information and/or studies required in the application checklist reasonably determined to
be necessary to process the application by the public works or planning director may be required.
D. Application fees and trust deposits. For all WTFPs, application fees and the establishment of trust deposits to
cover outside consultant costs shall be required to be submitted with any application, as established by city
council resolution and in accordance with Government Code § 50030. Notwithstanding the foregoing, no
application fee shall be refundable, in whole or in part, to an applicant for a WTFP unless paid as a
refundable trust deposit. Reasonable costs of city staff, consultant and attorney time (including that of the
city attorney if applicable) pertaining to the review, processing, noticing and hearing procedures directly
attributable to a WTFP and consistent with FCC regulations shall be reimbursable to the city. To this end, the
public works and/or planning director, as applicable, may require applicants to enter a trust/deposit
reimbursement agreement, in a form approved by the city attorney, or other established trust/deposit
accounting mechanism for purposes of obtaining an applicant deposit from which the direct costs of city
processing of an application may be drawn-down.
E. Independent expert. The public works and/or planning director, as applicable, is authorized to retain on
behalf of the city one or more independent, qualified consultants to review any WTFP application at the
applicant's expense. The review is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall include, but not be limited to, application completeness or accuracy,
structural engineering analysis, or compliance with FCC radio frequency emissions standards.
F. Effect of state or federal law on application process. In the event a state or federal law prohibits the
collection of any information or application conditions required by this section, the public works director is
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authorized to omit, modify, or add to that request from the city's application form in consultation with the
city attorney. Requests for waivers from any application requirement of this section shall be made in writing
to the public works director. The public works director may grant a request for waiver if it is demonstrated
that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to
understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought.
All waivers approved pursuant to this subsection shall be:
(1) Granted only on a case-by-case basis; and
(2) Narrowly tailored to minimize deviation from the requirements of this Code.
G. Applications deemed withdrawn. To promote efficient review and timely decisions, any application governed
by this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a
substantive response to the city on any application within 30 calendar days after the application is deemed
incomplete in a written notice to the applicant. The public works or planning director (as applicable) may
grant a written extension for up to an additional 30 calendar days when the applicant submits a written
request prior to the application deemed automatically withdrawn that shows good cause to grant the
extension.
H. Waiver of applications superseded by submission of new project. If an applicant submits a WTFP application,
but substantially revises the proposed facility during the application process prior to any city hearing or
decision on such application at the City’s request, the substantially revised application shall be deemed a
new application for all processing purposes, including FCC shot clocks, and the prior submittals deemed
waived and superseded by the substantially revised application. For purposes of this subsection, the term
"substantially revised" means that the project as initially proposed has been alternately proposed for a
location 300 feet or more from the original proposal or constitutes a substantial change in the dimensions or
equipment that was proposed in the original WTFP application.
I. Rejection for incompleteness. WTFPs will be processed, and notices of incompleteness provided, in
conformity with state, local, and federal law. If such an application is incomplete, the applicant must be
notified in writing specifying the reason for incompleteness. it may be rejected by the public works director
by notifying the applicant in writing and specifying the material omitted from the application.
(Code 1981, § 12.18.050; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.060. Review procedure.
A. General. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes
risk to public safety and utilizes installation of new support structures or equipment cabinets in the PROW
only after all existing and replacement structure options have been exhausted, and where feasible, places
equipment underground, and otherwise maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located; ensures that installations are subject to periodic review to
minimize the intrusion on the PROW; and ensures that the city bears no risk or liability as a result of the
installations, and that such use does not inconvenience the public, interfere with the primary uses of the
PROW, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon,
or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation,
or abandonment of facilities in the PROW.
B. Collocation encouraged. Where the facility site is capable of accommodating a collocated facility upon the
same site in a manner consistent with the permit conditions for the existing facility, feasible, the owner and
operator of the an existing facility shall allow collocation of third-party facilities, provided the parties can
mutually agree upon reasonable terms and conditions therefor.
C. Findings required for approval of a WTFP.
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1. Minor WTFP for SWF. For minor WTFP applications proposing a SWF, the public works director or
planning director, as the case may be, shall approve such application if, on the basis of the application
and other materials or evidence provided in review thereof, all of the following findings can be made:
a. The facility qualifies as a SWF;
b. The facility is not detrimental to the public health, safety, and welfare;
c. The SWF meets applicable requirements and standards of state and federal law;
d. The SWF would not be located on a prohibited support structure identified in this chapter;
e. The facility would utilize the most preferred support structure and location within 250 feet from
the originally proposed site in any direction, or the applicant has demonstrated with clear and
convincing evidence in the written record that any more-preferred support structures or
locations within 250 feet would be technically infeasible;
f. The facility meets applicable requirements and design standards for SWF under this chapter,
unless the applicant has demonstrated with clear and convincing evidence in the written record
that any such standard would be technically infeasible; and
g. All public notices required for the application have been given.
2. Minor WTFP for EFR. For minor WTFP applications proposing an eligible facilities request, the public
works director shall approve such application if, on the basis of the application and other materials or
evidence provided in review thereof, all of the following findings can be made:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally applicable laws.
3. Major WTFP. No major WTFP shall be granted unless all of the following findings are made by the
applicable decision-maker:
a. If applicable, all notices required for the proposed major WTFP have been given, including the
inclusion, or placement on-site, of photo simulations for the proposed facility;
b. The proposed wireless telecommunications facility has been designed and located in compliance
with all applicable provisions of this chapter;
c. If applicable, the applicant has demonstrated its inability to locate on an eligible support
structure;
d. The applicant has provided sufficient evidence supporting the applicant's claim that it has the
right to enter the public right-of-way pursuant to state or federal law, or the applicant has
entered into a franchise agreement with the city permitting them to use the public right-of-way;
and
e. The applicant has demonstrated the proposed installation is designed such that the proposed
installation represents the least intrusive means possible, supported by factual evidence and a
meaningful comparative analysis to show that all alternative locations and designs identified in
the application review process were technically infeasible or not reasonably available , or not less
intrusive.
D. Noticing. The provisions in this section describe the procedures for the approval process, any required notice
and public hearings for a WTFP application.
1. Minor WTFP applications. Within or reasonably about five business days of a SWF application being
deemed complete, notice of the proposed SWF application shall be mailed by the city to owners and
occupants of real property within a 500-foot radius of the proposed SWF site at least ten days before
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rendering a decision. Applications qualifying for eligible facilities requests shall not require notice. The
notice shall contain:
a. A general project description and dimensioned, full color photo simulations;
b. The applicant's identification and contact information as provided on the application submitted
to the city;
c. Contact information for the city's approval authority;
d. A statement that the approval authority will act on the application without a public hearing but
will accept written public comments that evaluate the application for compliance with the
standards in this chapter;
e. A statement that the FCC requires the city to act on small cell permit applications, which includes
any administrative appeals, in 60 days for attachments to existing structures, and 90 days for new
structures, unless the applicant voluntarily agrees to toll the timeframe for review; and
f. Written public comments shall be received by the approval authority within ten days of the
public notice date.
2. Major WTFP applications. Any major WTFP application shall require notice and a public hearing. Notice
shall be provided at least 15 days before the public hearing. Public notices shall include color photo
simulations from different angles depicting the wireless telecommunication facility as proposed to be
considered by the planning commission. If the application proposes the use of an existing or
replacement eligible support structure, such simulations shall be posted upon the proposed support
structure for a period of at least 30 days prior to the public hearing; such posted simulations shall
remain in-place until a final decision, including exhausting all appeal processes, on the application is
reached.
E. Notice of decision. Within five days after any decision to grant, approve, deny, or conditionally grant any
WTFP application, the public works director or planning director, as applicable, shall provide written notice
based on substantial evidence in the written administrative record including the following:
1. A general explanation of the decision, including the findings required for the decision, if any, and how
those findings were supported or not supported by substantial evidence;
2. A general description of the property involved;
3. Information about applicable rights to appeal the decision, costs to appeal, and explanation of how
that right may be exercised; and
4. To be given by first class mail to:
a. The project applicant and property owner;
b. Any person who submitted written comments concerning the WTFP;
c. Any person who has filed a written request with the city to receive such notice; and
d. Any homeowner's association on file with the city that has jurisdiction over the WTFP site.
5. Once a WTFP is approved, no changes shall be made to the approved plans without review and
approval in accordance with this chapter.
6. Because section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or
indirectly on the environmental effects of radio frequency (RF) emissions, no decision upon a WTFP
shall be premised upon the environmental or health effects of RF emissions, nor shall public comments
be considered to the extent they are premised upon the environmental or health effects of RF
emissions.
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F. Appeals.
1. Minor WTFP appeals. Any person who receives the notice of decision pursuant to subsection
12.18.060(E)(4) may appeal such decision within five days of the notice of decision date. The appeal
will be considered by the planning commission Public Works Director within ten days of filing. The
planning commission Public Works Director may decide the issues de novo and the written decision
will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken
jointly with the wireless service provider that intends to use the wireless facility. Because section
332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on
the environmental effects of radio frequency (RF) emissions, appeals of a minor WTFP decision
premised on the environmental effects of radio frequency emissions will not be considered.
2. Major WTFP appeals. Any person claiming to be adversely affected by a decision of a major WTFP
pursuant to this chapter may appeal such decision as provided in accordance with the appeal
provisions in chapter 17.80 (Hearing notice and appeal procedures) of the RPVMC.
G. Notice of shot clock expiration. The city acknowledges there are federal and state shot clocks which may be
applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time
periods in which the city must approve or deny a proposed wireless telecommunications facility. As such, the
applicant is required to provide the city written notice of the pending expiration of any relevant FCC shot
clock, which the applicant shall ensure is received by the city (e.g., overnight mail) no later than 20 10 days
prior to expiration.
(Code 1981, § 12.18.060; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.070. Design and development standards.
A. SWF design and development standards. SWFs are subject to the design and development standards and
conditions of approval set forth herein. The city's grant of a WTFP for a SWF does not waive, and shall not be
construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell
facilities, or any modification to those FCC orders or rules.
1. Visual and other general standards. As reasonably determined by the Public Works Director SWFs
shall be designed in the least visible means feasible and to be compatible with support
structure/surroundings pursuant to the objective standards provided in this section.
2. Noise. SWFs and all accessory equipment and transmission equipment must comply with all applicable
noise control standards and regulations stated in this chapter.
3. Lights. SWFs shall not include any lights that would be visible from publicly accessible areas, except as
may be required under Federal Aviation Administration, FCC, or other applicable regulations for health
and safety. All equipment with lights (such as indicator or status lights) must be installed in locations
and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The
provisions in this subsection (A)(3) shall not be interpreted or applied to prohibit installations on
streetlights or luminaires installed on new or replacement poles as may be required under this policy.
4. Landscape features. SWFs shall not displace any existing landscape features unless:
(a) Such displaced landscaping is replaced with native and/or drought-resistant plants, trees or other
landscape features approved by the approval authority; and
(b) The applicant submits and adheres to a landscape maintenance plan.
The landscape plan must include existing vegetation, and vegetation proposed to be removed or
trimmed, and the landscape plan must identify proposed landscaping by species type, size and
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location. Landscape maintenance shall be performed in accordance with the public works director
and/or City Arborist.
If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select,
plant, and maintain replacement landscaping in an appropriate location for the species. Only
International Society of Arboriculture-certified workers under the supervision of a licensed arborist
shall be used to install the replacement tree. Any replacement tree must be substantially the same size
as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement
landscape features.
To preserve existing landscaping in the public rights-of-way, all work performed in connection with
SWFs shall not cause any street trees to be trimmed, damaged or displaced. In the event that avoiding
the tree is not possible, the City Arborist must be consulted on the scope of work related to
trimming, an if needed, on site while the trimming is conducted. If any street trees are damaged or
displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain
replacement trees at the site for the duration of the permit term.
5. Site security measures. SWFs may incorporate reasonable and appropriate site security measures, such
as locks and anti-climbing devices, to prevent unauthorized access, theft, or vandalism. The approval
authority shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous
security measures. All exterior surfaces on SWFs shall be constructed from or coated with graffiti-
resistant materials.
6. Signage and advertisements. All SWFs shall contain a site identification sticker that accurately identifies
the site owner/operator, the owner/operator's site name or identification number and a toll-free
number to the owner/operator's network operations center. SWFs may not bear any other signage or
advertisements unless expressly approved by the city, required by law or recommended under FCC,
OSHA, Federal Aviation Administration or other United States governmental agencies for compliance
with RF emissions regulations. Permittees shall:
a. Remove or paint over unnecessary equipment manufacturer decals and fill-in any visibly
depressed manufacturer logos on equipment.
b. Utilize the smallest and lowest visibility stickers required by government or electric utility
regulations.
c. Use sticker colors that are muted.
d. Maintain signage in legible condition and the carrier will be required to replace any faded signage
within 30 days of receiving written notification from the city that it is in need of replacing.
7. Compliance with health and safety regulations. All SWFs shall be designed, constructed, operated and
maintained in compliance with all generally applicable health and safety regulations, which includes
without limitation all applicable regulations for human exposure to RF emissions.
8. Dimensions and design. Wireless facilities shall be as small, short, and unobtrusive as possible,
consistent with the objective standards provided in this section.
9. Overall height. SWFs may not exceed either:
(a) The minimum separation from electrical lines required by applicable safety regulations, plus four
six feet; or
(b) Four Six feet above the existing support structure.
In addition, SWFs shall be located no higher than ten percent or ten feet, whichever is greater, than the
height otherwise permitted in the immediately adjacent zoning district.
10. Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters
must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or
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radome must be painted a flat, non-reflective color to match the underlying support structure. The
wireless facility and accessory equipment shall be camouflaged with use of one or more concealment
elements to blend the facility with surrounding materials and colors of the adjacent streetlight or utility
pole to which it is mounted. Concealment requirements may be waived where compliance would
significantly interfere with or disrupt the signal or operation of the wireless facility. In such cases,
the Public Works Director may grant an exception upon the applicant’s submission of a technical
report, stamped by a licensed professional engineer, demonstrating that the required concealment
measure would cause such interference or disruption. Concealment elements include:
a. Radio frequency transparent screening.
b. Approved, specific colors.
c. Use of non-reflective materials.
d. Minimizing the size of the site.
e. Integrating the installation into existing or replacement utility infrastructure.
f. Installing new infrastructure that matches existing infrastructure in the area surrounding the
proposed site.
g. Antennas, brackets (mounting), PVC or steel risers and cabling shall match the color of the
adjacent structure.
h. Paint shall be of durable quality.
i. Materials shall be non-flammable and non-reflective.
j. Each individual antenna may not exceed three cubic feet in volume and all antennas may not
exceed six cubic feet in volume.
k. Accessory equipment.
11. Installation preferences. SWF accessory equipment shall be enclosed in replacement poles or placed
underground where technically feasible, and if not feasible, shall be as small, short, and unobtrusive as
possible. Applications that involve lesser-preferred installation locations may be approved so long as
the applicant demonstrates that no more-preferred installation location would be technically infeasible
as supported by clear and convincing evidence in the written record.
12. Undergrounded accessory equipment. All undergrounded accessory equipment must be installed in an
environmentally controlled vault that is load-rated to meet the city's standards and specifications.
Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents
for airflow shall be flush-to-grade when placed within the sidewalk and shall not exceed two feet above
grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault
in a location that would cause any existing tree to be materially damaged or displaced.
13. Streetlights. Applicants that propose to install SWFs on an existing streetlight, if the design requires
the removal of the light, the applicant must remove and replace the existing streetlight with one
substantially similar to the city's standards and specifications but designed to accommodate wireless
antennas and accessory equipment. The replacement light shall be like-for-like and meet all
specifications of the existing light, thereby providing the same light intensity, distribution, and
functionality as the existing light to ensure that all safety and aesthetic conditions are maintained.
To mitigate any material changes in the streetlighting patterns, the replacement pole must:
a. Be located as close to the removed pole as possible;
b. Be aligned with the other existing streetlights; and
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c. Include a luminaire at substantially the same height and distance from the pole as the luminaire
on the removed pole. To the extent feasible, all All antennas shall be installed above the pole
within a single, canister style shroud or radome that tapers to the pole.
14. Utility poles. Applicants that propose to install SWFs on an existing utility pole must install all antennas
above the pole unless the applicant demonstrates that mounting the antennas above the pole would
be technically infeasible as supported by clear and convincing evidence in the written record. Side-
mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All
cables, wires and other connectors must be concealed within the side-arm mount or extension arm of
a wood pole and within the inside of any other pole. To the extent feasible tThe maximum horizontal
separation between the antenna and the pole shall be the minimum separation required by applicable
health and safety regulations.
15. For replacement poles and streetlights. If an applicant proposes a replacement pole or streetlight to
accommodate the SWF, the replacement shall be in the same location as the streetlight or pole being
replaced; unless the replacement will not meet all applicable standards, then replacement may be
located in an alternative location that complies with the requirements herein.
16. New, non-replacement poles. Applicants that propose to install SWFs on a new, non-replacement pole
must install a new streetlight substantially similar to the city's standards and specifications but
designed to accommodate wireless antennas and accessory equipment located immediately adjacent
to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant
may install a metal or composite pole capable of concealing all the accessory equipment either within
the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not
exceed 12 inches and any base enclosure diameter shall not exceed 16 inches. To the extent feasible,
aAll antennas, whether on a new streetlight or other new pole, must be installed above the pole within
a single, canister style shroud or radome, and shall comply with the following:
a. The applicant may submit exhibits depicting the proposed pole, with all equipment associated
with the wireless facility shown, to the city for the public works director to review and
approval. The new pole must actually function for a purpose other than placement of a wireless
facility (e.g., streetlight, utility pole, street sign pole, etc.), unless approved by the public works
director.
b. The design must generally match the dimensions and design of existing and similar types of poles
and antennas in the surrounding areas.
17. Encroachments over private property. SWFs may not encroach onto or over any private or other
property outside the PROW without the property owner's express written consent.
18. Backup power sources. Fossil-fuel based backup power sources shall not be permitted within the
PROW; provided, however, that connectors or receptacles may be installed for temporary backup
power generators used in an emergency declared by federal, state or local officials.
19. Obstructions; public safety. SWF and any associated equipment or improvements shall not physically
interfere with or impede access to any:
a. Above-ground or underground infrastructure for traffic control, streetlight or public
transportation, including without limitation any curb control sign, parking meter, vehicular traffic
sign or signal, pedestrian traffic sign or signal, barricade reflectors;
b. Public transportation vehicles, shelters, street furniture or other improvements at any public
transportation stop;
c. Above-ground or underground infrastructure owned or operated by any public or private utility
agency;
d. Fire hydrant or water valve;
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e. Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any
building appurtenant to the rights-of-way;
f. Fire escape.
20. Utility connections. To the extent feasible aAll cables and connectors for telephone, data backhaul,
primary electric and other similar utilities must be routed underground in conduits large enough to
accommodate future collocated wireless facilities. Undergrounded cables and wires must transition
directly into the pole base without any external doghouse. All cables, wires, and connectors between
the underground conduits and the antennas and other accessory equipment shall be routed through
and concealed from view within:
(a) Internal risers or conduits if on a concrete, composite or similar pole; or
(b) A cable shroud or conduit mounted as flush to the pole as possible if on a wood utility pole or
other pole without internal cable space.
The approval authority shall not approve new overhead utility lines or service drops merely because
compliance with the undergrounding requirements would increase the project cost.
21. Spools and coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be
spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.
22. Electric meters.
a. SWFs shall use unmetered (flat rate) electric service, if allowed by the utility company, or use the
narrowest, shrouded electric meter and disconnect available. Permittees shall ensure the meter
and other enclosures are well maintained, including regular painting, and the use of a graffiti-
resistant paint, and stack the disconnect switch above/below the meter, instead of attached to
the side of the meter.
b. Electrical meters, vaults, and fans shall be located underground where to the extent feasible.
23. Building-mounted small wireless facilities.
a. Preferred concealment techniques. All applicants must propose new non-tower SWFs that are
completely concealed and architecturally integrated into the existing facade or rooftop features
with no visible impacts from any publicly accessible areas at ground level (examples include, but
are not limited to, antennas behind existing parapet walls or facades replaced with RF-
transparent material and finished to mimic the replaced materials). Alternatively, if the applicant
demonstrates with clear and convincing evidence that integration with existing features is
technically infeasible, the applicant may propose completely concealed new structures or
appurtenances designed to mimic the support structure's original architecture and proportions
(examples include, but are not limited to, steeples and chimneys).
b. Facade-mounted equipment. When SWFs cannot be placed behind existing parapet walls or other
existing screening elements, the approval authority may approve facade-mounted equipment in
accordance with this subsection. All facade-mounted equipment must be concealed behind
screen walls and mounted flush to the facade. The approval authority may not approve pop-out
screen boxes. Except in industrial zones, the approval authority may not approve any exposed
facade-mounted antennas, including, but not limited to, exposed antennas painted to match the
facade.
24. Future modifications. Any modifications to existing facilities or collocations shall not defeat the
concealment elements of the existing structure/facility.
25. Standard conditions of approval. In addition to the design and development standards stated in this
section, all WTFPs issued for a SWF shall be subject to the following conditions:
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a. Post-installation certification. Within 60 calendar days after the applicant commences full,
unattended operations of a SWF approved or deemed-approved, the applicant shall provide the
approval authority with documentation reasonably acceptable to the approval authority that the
SWF has been installed and/or constructed in strict compliance with the approved construction
drawings and photo simulations. Such documentation shall include site photos. include, without
limitation, as-built drawings, GIS data and site photographs.
b. Adverse impacts on other properties. In addition to those requirements stated in this section, the
applicant shall not perform or cause others to perform any construction, installation, operation,
modification, maintenance, repair, removal or other work that involves heavy equipment or
machines except during normal construction work hours authorized by chapter 17.56
(Environmental Protection). The restricted work hours in this condition will not prohibit any work
required to prevent an actual, immediate harm to property or persons, or any work during an
emergency declared by the city or other state or federal government agency or official with
authority to declare a state of emergency within the city. The approval authority may issue a stop
work order for any activities that violate this condition in whole or in part.
c. Inspections; emergencies. The applicant expressly acknowledges and agrees that the city's
officers, officials, staff, agents, contractors, or other designees may enter onto the site and
inspect the improvements and equipment upon reasonable prior notice to the permittee.
Notwithstanding the prior sentence, the city's officers, officials, staff, agents, contractors, or
other designees may, but will not be obligated to, enter onto the site area without prior notice to
support, repair, disable or remove any improvements or equipment in emergencies or when such
improvements or equipment threatens actual, imminent harm to property or persons. The
applicant, if present, may observe the city's officers, officials, staff, or other designees while any
such inspection or emergency access occurs.
d. Future undergrounding programs. If other public utilities or communications providers in the
PROW underground their facilities in the segment of the PROW where the SWF is located, the
applicant shall underground its equipment except the antennas and any other equipment that
must be placed above ground to function. Accessory equipment such as radios and computers
that require an environmentally controlled underground vault to function shall not be exempt
from this condition. SWFs installed on utility poles that will be removed pursuant to the
undergrounding program may be reinstalled on a streetlight that complies with the city's
standards and specifications. Such undergrounding shall occur at the applicant's sole cost and
expense except as may be reimbursed through tariffs approved by the state public utilities
commission for undergrounding costs.
e. Electric meter upgrades. If the commercial electric utility provider adopts or changes its rules
obviating the need for a separate or ground-mounted electric meter and enclosure, the applicant
on its own initiative and at its sole cost and expense shall remove the separate or ground-
mounted electric meter and enclosure. Prior to removing the electric meter, the applicant shall
apply for any encroachment and/or other ministerial permits required to perform the removal
from the city. Upon removal, the applicant shall restore the affected area to its original condition
that existed prior to installation of the equipment.
f. Rearrangement and relocation. The applicant acknowledges that the city, in its sole discretion
and at any time, may:
(i) Change any street grade, width or location;
(ii) Add, remove or otherwise change any improvements in, on, under or along any street
owned by the city or any other public agency, which includes without limitation any
sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for
gas, water, electric or telecommunications; and/or
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(iii) Perform any other work deemed necessary, useful or desirable by the city (collectively, city
work).
The city reserves the rights to do any and all city work without any admission on its part that the
city would not have such rights without the express reservation in the SWF permit. If the public
works director determines that any city work will require the applicant's SWF located in the
PROW to be rearranged and/or relocated, the applicant shall, at its sole cost and expense, do or
cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the
applicant fails or refuses to either permanently or temporarily rearrange and/or relocate the
permittee's SWF within a reasonable time after the public works director's notice, the city may
(but will not be obligated to) cause the rearrangement or relocation to be performed at the
applicant's sole cost and expense. The city may exercise its rights to rearrange or relocate the
permittee's SWF without prior notice to applicant when the public works director determines
that the city work is immediately necessary to protect public health or safety. The applicant shall
reimburse the city for all costs and expenses in connection with such work within ten days after a
written demand for reimbursement and reasonable documentation to support such costs.
B. Eligible facilities request design and development standards. Approved eligible facilities requests for which
the findings set forth in section 12.18.060(C)(2) have been made are subject to the following, unless modified
by the approving authority:
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application
qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying
permit and all such conditions that were applicable to the facility prior to approval of the subject
eligible facility request.
2. No permit term extension. The city granting, or granting by operation of law, of an eligible facilities
request permit constitutes a federally mandated modification to the underlying permit or approval for
the subject tower or base station. Notwithstanding any permit duration established in another permit
condition, the city's granting, or granting by operation of law, of an eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying regulatory approval, and
its term shall have the same term as the underlying permit or other regulatory approval for the subject
tower or base station.
2.3. No waiver of standing. The city's granting, or granting by operation of law, of an eligible facilities
request does not waive, and shall not be construed to waive, any standing by the city to challenge
section 6409(a) of the Spectrum Act, any FCC rules that interpret section 6409(a) of the Spectrum Act,
or any modification to section 6409(a) of the Spectrum Act.
C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a major
WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and
other impacts on the surrounding community and shall be planned, designed, located, and erected in
accordance with the following standards:
1. General guidelines.
a. The applicant shall employ screening, undergrounding, and camouflage design techniques in the
design and placement of wireless telecommunications facilities in order to ensure that the facility
is as visually screened as possible, to prevent the facility from dominating the surrounding area
and to minimize significant view impacts from surrounding properties and public views, all in a
manner that achieves compatibility with the community and in compliance with this Code.
b. Screening shall be designed to be architecturally compatible with surrounding structures using
appropriate techniques to camouflage, disguise, and/or blend into the environment, including
landscaping, color, and other techniques to minimize the facility's visual impact as well as be
compatible with the architectural character of the surrounding buildings or structures in terms of
color, size, proportion, style, and quality.
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c. Wireless telecommunications facilities shall be located consistent with section 12.18.080
(Location restrictions, location and structural preferences, and exceptions) unless an exception is
granted.
2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts
on traffic safety.
3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with
the materials and colors of the surrounding area, infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of wireless
telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to
the extent feasible, with all cables and wires clipped-up or otherwise out of public view. All antenna
mounts shall be designed so as not to preclude possible future collocation by the same or other
operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to
the ground as technically feasible, consistent with Public Utilities Commission General Order 95 .
5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (except wood poles per subsection (5)(b) of
this section) shall be permitted in the public right-of-way. Mountings to all other forms of
support structure in the public right-of-way are prohibited unless an exception pursuant to
section 12.18.080 (Location restrictions, location and structural preferences, and exceptions) is
granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wood poles unless an
exception pursuant to section 12.18.080 (Location restrictions, location and structural
preferences, and exceptions) is granted. The maximum height of any antenna shall not exceed 48
inches above the height of an existing utility pole, nor shall any portion of the antenna or
equipment mounted on a pole be less than 24 feet above any drivable road surface. All
installations on utility poles shall fully comply with the state public utilities commission General
Orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed up to six feet above the
existing height of a light pole as deemed acceptable by the public works director. Any portion of
the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable
road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure
to accommodate the proposed facility, the replacement pole shall be designed to resemble the
appearance and dimensions of existing poles near the proposed location, including size, height,
color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations.
g. An exception pursuant to section 12.18.080 (Location restrictions, location and structural
preferences, and exceptions) shall be required to erect any new support structure (non-eligible
support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of
location, the following requirements shall apply:
i. The new support structure shall be designed to resemble existing support structures of the
same type in the right-of-way near that location, including size, height, color, materials and
style, with the exception of any existing structural designs that are scheduled to be
removed and not replaced.
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ii. New support structures that are not replacement structures shall be located at least 90
feet from any eligible support structure to the extent feasible.
iii. New support structures shall not adversely impact public view corridors, as defined in
section 17.02.040 (View preservation and restoration) of the RPVMC and shall be located
to the extent feasible in an area where there is existing natural or other feature that
obscures the view of the new support structure. The applicant shall further employ
concealment techniques to blend the new support structure with said features, including,
but not limited to, the addition of vegetation if feasible.
iv. A justification analysis shall be submitted for all new support structures that are not
replacements to demonstrate why an eligible support facility cannot be utilized and
demonstrating the new structure is the least intrusive means possible, including a
demonstration that the new structure is designed to be the minimum functional height and
width required to support the proposed wireless telecommunications facility.
v. All cables, including, but not limited to, electrical and utility cables, shall be run within the
interior of the support structure and shall be camouflaged or hidden to the fullest extent
feasible. For all support structures wherein interior installation is infeasible, conduit and
cables attached to the exterior shall be mounted flush thereto and painted to match the
structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is
technically feasible.
7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code
or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the
impact of modification of an existing facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, incommode the public's use of the PROW, or cause safety
hazards to pedestrians and motorists.
9. Public facilities. A facility shall not be located within any portion of the PROW interfering with access to
a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any
other public health or safety facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or
other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located
underground, except as provided below:
a. Unless city staff determines that there is no room in the public right-of-way for undergrounding,
or that undergrounding is not feasible, an exception pursuant to section 12.18.080 (Location
restrictions, location and structural preferences, and exceptions) shall be required in order to
place accessory equipment above ground and concealed with natural or manmade features to
the maximum extent possible.
b. When above ground is the only feasible location for a particular type of accessory equipment and
will be ground-mounted, such accessory equipment shall be enclosed within a structure, and
shall not exceed a height of 3½ feet and a total footprint of 15 square feet, and shall be fully
screened and/or camouflaged, including the use of landscaping, architectural treatment, or
acceptable alternate screening. Required electrical meter cabinets shall be screened and/or
camouflaged. Also, while pole-mounted equipment is generally the least favored installation,
should pole-mounted equipment be sought, it shall be installed as required in this chapter.
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c. In locations where homes are only along one side of a street, above-ground accessory equipment
shall not be installed directly in front of a residence. To the extent feasible, such Such above-
ground accessory equipment shall be installed along the side of the street with no homes.
12. Landscaping. Where appropriate, If landscaping must be removed or is damaged during installation,
each facility shall be installed so as to maintain and enhance existing landscaping on the site, including
trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by the
applicant where such landscaping is deemed necessary by the city to provide screening or to conceal
the facility.
13. Signage. No facility shall bear any signs or advertising devices other than certification, warning, or
other signage required by law or permitted by the city.
14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration
or other government agency. Beacon lights are not permitted unless required by the Federal
Aviation Administration or other government agency.
b. Legally required lightning arresters and beacons shall be included when calculating the height of
facilities such as towers, lattice towers and monopoles.
c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on
the surrounding neighborhoods.
d. Unless otherwise required under Federal Aviation Administration or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights and must install such lights
so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The
city may, in its discretion, exempt an applicant from the foregoing requirement when the
applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting
professional to evaluate potential impacts to adjacent properties. Should no lighting be
proposed, no lighting study shall be required.
15. Noise.
a. Backup generators shall only be operated during periods of power outages, and shall not be
tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any facility exceed an exterior noise level of 55 dBA three
feet from the source of the noise if the facility is located in the public right-of-way adjacent to a
business, commercial, manufacturing, utility or school zone; provided, however, that for any such
facility located within 500 feet of any property zoned residential or improved with a residential
use, such equipment noise shall not exceed 45 dBA three feet from the sources of the noise.
16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized
access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations,
visual blight, or attractive nuisances. The public works director or the approving city body, as
applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other
techniques to prevent unauthorized access and vandalism when, because of their location and/or
accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal
devices or elements shall be installed as a security device.
17. Modification. Consistent with current state and federal laws and if permissible under the same, at the
time of modification of a wireless telecommunications facility, existing equipment shall, to the extent
feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not
limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with
smaller, less visually intrusive facilities.
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18. Time constraint. The installation and construction approved by a wireless telecommunications facility
permit shall occur within one year after its approval or it will expire without further action by the city.
The Public Works Director may approve a one-year extension if requested by the permittee
sufficiently in advance.
19. Conditions of approval. All major WTFPs shall be subject to such conditions of approval as reasonably
imposed by the public works director or the approving city body, as applicable, as well as any
modification of the conditions of approval deemed necessary by the public works director or the
approving city body.
(Code 1981, § 12.18.070; Ord. No. 621, § 2(exh. A), 4-16-2019; Ord. No. 676, § 2, 12-5-2023)
12.18.080. Location restrictions, location and structural preferences, and exceptions.
A. Location requirements for SWF.
1. (a) Preface to location requirements. Applications that involve lesser-preferred locations or structures as
described in subsections (A)(2) and (3) of this section may be approved so long as the applicant
demonstrates that either:
(1) No more-preferred locations or structures exist within 250 feet from the proposed site; or
(2) Any more-preferred locations or structures within 250 feet from the proposed site would
be technically infeasible, or infeasible according to General Order 95 to achieve the
operator's service objectives, as supported by clear and convincing evidence in the written
record, unless prohibited under this section.
(b) Preferred location requirements shall consist of the following:
(1) Allowable locations for SWFs are on existing or replacement infrastructure such as
streetlights and utility poles.
(2) When locating in an alley, the SWF shall be placed at a height above the roof line of
adjacent buildings to avoid being placed adjacent to a window.
(3) When choosing locations, if feasible, choose locations in between occupied buildings
rather than immediately adjacent to occupied buildings, and not adjacent to a window.
(4) If the SWF is not able to be placed on existing infrastructure, the applicant shall provide a
map of existing infrastructure in the service area and describe why each such site within
250 feet from the proposed site was not feasible.
2. Locations in the public rights-of-way. The city prefers SWF in the public rights-of-way to be installed in
locations, ordered from most preferred to least preferred, as follows:
a. Locations within the city's commercial zoning districts on or along arterial roads;
b. Locations within the city's commercial zoning districts on or along collector roads;
c. Locations within the city's commercial zoning districts on or along local roads;
d. Locations within the city's institutional zoning districts on or along arterial roads;
e. Locations within the city's institutional zoning districts on or along collector roads;
f. Locations within the city's institutional zoning districts on or along local roads;
g. Locations within residential districts on or along arterial roads;
h. Locations within residential districts on or along collector roads;
i. Any location in any district within 250 feet from any structure approved for a residential use.
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3. Support structures in the public rights-of-way. The city prefers SWFs to be installed on support
structures in the PROW, ordered from most preferred to least preferred, as follows:
a. Existing or replacement streetlight poles;
b. Existing or replacement utility poles;
c. Existing or replacement street sign poles;
d. New, non-replacement streetlight poles;
e. New, non-replacement poles for small wireless facilities.
4. Prohibited support structures. The city prohibits SWFs to be installed on the following support
structures:
a. Strand-mounted wireless facilities are prohibited;
b. Decorative poles;
c. Traffic signals, cabinets and related devices;
b.d. Any utility pole scheduled for removal or relocation within 12 months from the time the approval
authority acts on the small cell permit application;
c.e. New, non-replacement wood utility poles.
B. Locations requiring an exception for major WTFPs. Major WTFPs are strongly disfavored in certain areas and
on certain support structures. Therefore, the following locations are permitted only when an exception has
been granted pursuant to subsection (C) of this section:
1. Public right-of-way within those zones as identified in the general plan as residential zones;
2. Public right-of-way within public view corridors identified in the general plan and the coastal specific
plan.
C. Required findings for an exception on major WTFPs. For any major WTFP requiring an exception under this
chapter, no such exception shall be granted unless the applicant demonstrates with clear and convincing
evidence all the following:
1. The proposed wireless facility qualifies as a personal wireless services facility.
2. The applicant has provided the city with a clearly defined significant gap service objective (as
established under state and federal law) and a clearly defined potential site search area.
a. In the event the applicant seeks to install a wireless telecommunications facility to address
service coverage concerns, full-color signal propagation maps with objective units of signal
strength measurement that show the applicant's current service coverage levels from all adjacent
wireless telecommunications facilities without the proposed facility, predicted service coverage
levels from all adjacent facilities serving applicant with the proposed facility, and predicted
service coverage levels from the proposed facility without all adjacent facilities.
b. In the event the applicant seeks to address service capacity concerns, a written explanation and
propagation maps applicable evidence identifying the existing facilities with service capacity
issues together with competent evidence to demonstrate the inability of those facilities to meet
capacity demands.
3. The applicant has provided the city with a meaningful comparative analysis that includes the factual
reasons why any alternative location or design suggested by the city or otherwise identified in the
administrative record, including, but not limited to, potential alternatives identified at any public
meeting or hearing, are not technically feasible or reasonably available.
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4. The applicant has provided the city with a meaningful comparative analysis that includes the factual
reasons why the proposed location and design deviates is the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable objectives of covering an established
significant gap (as established under state and federal law).
5. The applicant has demonstrated that strict compliance with any provision in this chapter for a major
WTFP would effectively prohibit the provision of personal wireless services.
D. Scope. The planning commission or public works director, as applicable, shall limit an exemption for a major
WTFP to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve
its objectives of covering an established significant gap (as established under state and federal law). The
planning commission or public works director, as applicable, may adopt conditions of approval as reasonably
necessary to promote the purposes in this chapter and protect the public health, safety and welfare.
(Code 1981, § 12.18.080; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.090. Operation and maintenance standards.
All wireless telecommunications facilities must comply at all times with the following operation and
maintenance standards:
A. The permittee shall at all times maintain compliance with all applicable federal, state, and local laws,
regulations and other rules, including, without limitation, those applying to use of the PROW. The
permittee shall ensure that all equipment and other improvements to be constructed and/or installed
in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious
to the public health, safety, and general welfare and that the aesthetic appearance is continuously
preserved, and substantially the same as shown in the approved plans at all times relevant to the
WTFP.
B. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the
permittee, owner, operator or any designated maintenance agent at its sole cost within 48 hours:
1. After discovery of the need by the permittee, owner, operator, or any designated maintenance
agent; or
2. After permittee, owner, operator, or any designated maintenance agent receives notification
from the city.
C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and
amount of insurance as specified by city's risk management. The relevant policy shall name the city, its
elected/appointed officials, commission members, officers, representatives, agents, and employees as
additional insured. The permittee shall use its best efforts to provide 30 days' prior notice to the public
works director of the cancellation or material modification of any applicable insurance policy.
D. Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless
facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, and
employees:
(i) 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
(ii) 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
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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.
In the event the city becomes aware of any such actions or claims, the city shall promptly notify the
permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense.
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 same.
E. Performance bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with
the city, and shall maintain in good standing throughout the term of the approval, a performance bond
or other surety or another form of security for the removal of the facility in the event that the use is
abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the
amount equal to 100 percent of the cost of removal of the facility as specified in the application for the
WTFP or as that amount may be modified by the public works director in the permit based on the
characteristics of the installation. The permittee shall reimburse the city for staff time associated with
the processing and tracking of the bond, based on the hourly rate adopted by the city council.
Reimbursement shall be paid when the security is posted and during each administrative review.
F. 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. All facilities, including each piece of
equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW,
impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of
poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency
facilities, or otherwise obstruct the accessibility of the PROW.
G. Contact information. Each permittee of a wireless telecommunications facility shall provide the public
works director with the name, address and 24-hour local or toll free contact phone number of the
permittee, the owner, the operator and the agent responsible for the maintenance of the facility
(contact information). Contact information shall be updated within seven days of any change.
H. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment,
lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be
maintained in good condition, including ensuring the facilities are reasonably free of:
1. Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets,
sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any
kind or nature, or utility lines and systems, underground utility line and systems (water, sewer,
storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with
the installation and/or maintenance of a wireless facility in the PROW;
2. General dirt and grease;
3. Chipped, faded, peeling, and cracked paint;
4. Rust and corrosion;
5. Cracks, dents, and discoloration;
6. Missing, discolored or damaged artificial foliage or other camouflage;
7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed
at the sole expense of the permittee within 48 hours after notification from the city;
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8. Broken and misshapen structural parts; and
9. Any damage from any cause.
I. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in
neat, safe and good condition at all times, and the permittee, owner and operator of the facility shall
be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any
approved landscaping plan may be made until it is submitted to and approved by the public works
director.
J. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is
not sufficient to return the facility to the condition it was in at the time of installation.
K. Each facility shall be operated and maintained to comply with all conditions of approval. The permittee,
when directed by the city, must perform an inspection of the facility and submit a report to the public
works director on the condition of the facility to include any identified concerns and corrective action
taken. Additionally, as the city performs maintenance on city-owned infrastructure, additional
maintenance concerns may be identified. These will be reported to the permittee. The city shall give
the permittee 30 days to correct the identified maintenance concerns after which the city reserves the
right to take any action it deems necessary, which could include revocation of the permit. The burden
is on the permittee to demonstrate that it complies with the requirements herein. Prior to issuance of
a permit under this chapter, the owner of the facility shall sign an affidavit attesting to understanding
the city's requirement for performance of annual inspections and reporting.
L. All facilities permitted pursuant to this chapter shall comply with the Americans with Disabilities Act.
M. The permittee shall be responsible for obtaining power to the facility and for the cost of electrical
usage.
N. Interference.
1. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing
structure, improvement, or property without the prior consent of the owner of that structure,
improvement, or property. No structure, improvement, or property owned by the city shall be
moved to accommodate a permitted activity or encroachment, unless the city determines that
such movement will not adversely affect the city or any surrounding businesses or residents, and
the permittee pays all costs and expenses related to the relocation of the city's structure,
improvement, or property. Prior to commencement of any work pursuant to a wireless
encroachment permit, the permittee shall provide the city with documentation establishing to
the city's satisfaction that the permittee has the legal right to use or interfere with any other
structure, improvement, or property within the PROW or city utility easement to be affected by
permittee's facilities.
2. The facility shall not damage or interfere in any way with city property, the city's operations or
the operations of prior-existing, third-party installations. The city will reasonably cooperate with
the permittee and/or carrier to carry out such activities as are necessary to correct the
interference.
a. Signal interference. The permittee shall correct any such unacceptable interference in
accordance with applicable FCC regulations. within 24 hours of written notification of the
interference. Upon the expiration of the 24-hour cure period and until the cause of the
interference is eliminated, the permittee shall cease operation of any facility causing such
interference until such interference is cured.
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b. Physical interference. The city shall give the permittee 30 days to correct the interference
after which the city reserves the right to take any action it deems necessary, which could
include revocation of the permit.
3. The city at all times reserves the right to take any action it deems necessary, in its sole discretion,
to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the
operation of the facility. The city will in all cases, other than emergencies, give the applicant 30
days written notification of such planned, non-emergency actions.
O. RF exposure and testing compliance.
1. All facilities shall comply with all standards and regulations of the FCC and any other state or
federal government agency with the authority to regulate RF exposure standards. After
transmitter and antenna system optimization, but prior to unattended operations of the facility,
the permittee or its representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC Office of Engineering and Technology Bulletin 65 RF
Emissions Safety Rules for General Population/Uncontrolled RF Exposure in All Sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the testing shall
occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general
population limit.
2. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30
a.m. and 4:30 p.m. Testing is prohibited on holidays and weekends.
P. Records. The permittee shall maintain complete and accurate copies of all permits and other regulatory
approvals issued in connection with the 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.
Q. Attorney's fees. In the event the city determines that it is necessary to take legal action to enforce any
of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be
required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by
the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city
should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not
apply if the permittee prevails in the enforcement proceeding.
(Code 1981, § 12.18.090; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.100. No dangerous condition or obstructions allowed.
No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests
upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably
likely to endanger the safety of persons or property, or when such site or location is used for public utility
purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes
with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped
vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or
signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or
near said location.
(Code 1981, § 12.18.100; Ord. No. 621, § 2(exh. A), 4-16-2019)
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12.18.110. Nonexclusive grant; no possessory interests.
A. No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or
franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no
approval shall be construed as a warranty of title.
B. No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, the permittee acknowledges that the city has given
to the applicant notice pursuant to Revenue and Taxation Code § 107.6 that the use or occupancy of any
public property pursuant to a WTFP may create a possessory interest which may be subject to the payment
of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely
liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other
taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property
pursuant to any right of possession, occupancy, or use created by the WTFP.
C. The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance
against the PROW. No right, title, or interest (including franchise interest) in the PROW, or any part thereof,
shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other
permit or exercise of any privilege given thereby.
(Code 1981, § 12.18.110; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.120. Permit expiration; abandonment of applications.
A. Permit term. 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. A permittee may apply for up to a
10-year permit term extension within six months prior to expiration, which may be considered by the
Public Works Director if the facility has operated without verified violations, even if nonconforming.
B. Application for new permit. A permittee may apply for a new permit within 180 days prior to expiration. Said
application and proposal shall comply with the city's current code requirements for wireless
telecommunications facilities.
C. Timing of installation. The installation and construction authorized by a WTFP shall begin within one year
after its approval, or it will expire without further action by the city. The installation and construction
authorized by a WTFP shall conclude, including any necessary post-installation repairs and/or restoration to
the PROW, within 30 days following the day construction commenced.
D. Commencement of operations. The operation of the approved facility shall commence no later than 90 days
after the completion of installation, or the WTFP will expire without further action by the city. The permittee
shall provide the public works director notice that operations have commenced by the same date.
(Code 1981, § 12.18.120; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.130. Cessation of use or abandonment.
A. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided
herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless
the permittee has obtained prior written approval from the director which shall not be unreasonably denied.
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If there are two or more users of a single facility, then this provision shall not become effective until all users
cease using the facility.
B. The operator of a facility shall notify the public works director in writing of its intent to abandon or cease use
of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or
abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide
written notice to the public works director of any discontinuation of operations of 30 days or more.
C. Failure to inform the public works director of cessation or discontinuation of operations of any existing
facility as required by this section shall constitute a violation of any approvals and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any bond or other assurance required by this article or conditions of approval of the permit;
4. Removal of the facilities by the city in accordance with the procedures established under this Code for
abatement of a public nuisance at the owner's expense; and/or
5. Any other remedies permitted under this Code or by law.
(Code 1981, § 12.18.130; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.140. Removal and restoration; permit expiration, revocation or abandonment.
A. Timeline for removal. Upon the expiration date of the permit, including any extensions, earlier termination or
revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall within 60
days remove its wireless telecommunications facility and restore the site to the condition it was in prior to
the granting of the WTFP, except for retaining the landscaping improvements and any other improvements
at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and
all ordinances, rules, and regulations of the city. Expired, terminated or revoked wireless
telecommunications facility equipment shall be removed from the site at no cost or expense to the city.
B. Revocation. Any WTFP may be amended, suspended, or revoked for violations of the provisions of this
chapter or any condition of approval. Amendment, suspension, or revocation shall be pursuant to the
procedures of section 17.86.060 (Suspension or revocation of permits), following notice of the violations to
the permittee, and a reasonable opportunity to correct.
C. Summary removal. In the event any city director or city engineer determines that the condition or placement
of a wireless telecommunications facility located in the public right-of-way constitutes an immediate
dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or
determines other exigent circumstances require immediate corrective action (collectively, exigent
circumstances), such director or city engineer may cause the facility to be removed summarily and
immediately without advance notice or a hearing. Written notice of the removal shall include the basis for
the removal and shall be served upon the permittee and person who owns the facility within five business
days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner
cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days,
the facility shall be treated as abandoned property.
D. Removal of facilities by city. In the event the city removes a wireless telecommunications facility in
accordance with nuisance abatement procedures stated in chapter 8.24 (Property Maintenance) or pursuant
to the summary removal procedures of subsection (C) of this section, any such removal shall be without any
liability to the city for any damage to such facility that may result from reasonable efforts of removal. In
addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from
the performance bond posted and to the extent such costs exceed the amount of the performance bond,
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(Supp. No. 4)
Page 38 of 38
collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no
obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city
destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal
by the city due to exigent circumstances.
(Code 1981, § 12.18.140; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.150. Effect on other ordinances.
Compliance with the provisions of this chapter shall not relieve a person from complying with any other
applicable provision of this Code. In the event of a conflict between any provision of this chapter and other
sections of this Code, this chapter shall control.
(Code 1981, § 12.18.150; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.160. State or federal law.
The implementation of this chapter and decisions on applications for placement of wireless
telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter 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 the provision of personal wireless services, or otherwise
violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be
waived, but only to the minimum extent required to avoid the prohibition or violation.
(Code 1981, § 12.18.160; Ord. No. 621, § 2(exh. A), 4-16-2019)
12.18.170. Legal nonconforming wireless telecommunications facilities in the right-of-way.
A. Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not
conform to this chapter on the date this chapter became effective.
B. Legal nonconforming wireless telecommunications facilities shall, within ten years from the date this chapter
became effective, be brought into conformity with all requirements of this article; provided, however, that
should the owner desire to expand or modify the facility, intensify the use, or make some other change in a
conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent
the city can require such compliance under federal and state law.
C. An aggrieved person may file an appeal to the city council of any decision the public works director or other
deciding body made pursuant to this section. In the event of an appeal alleging that the ten-year
amortization period is not reasonable as applied to a particular property, the city council may consider the
amount of investment or original cost, present actual or depreciated value, dates of construction,
amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the
lease under which it is maintained (if any), and the harm to the public if the structure remains standing
beyond the prescribed amortization period, and set an amortization period accordingly for the specific
property.
(Code 1981, § 12.18.170; Ord. No. 621, § 2(exh. A), 4-16-2019)
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01203.0015/985390.1 Ordinance No. 682
Page 1 of 5
ORDINANCE NO. X
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING
CHAPTER 17.73 (WIRELESS TELECOMMUNICATION
FACILITIES ON PRIVATE PROPERTY) OF 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
among providers of functionally equivalent services; (2) a local ordinance may not prohibit
B-1
Ordinance No. X
Page 2 of 5
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 (“Project”), 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
particular attention to where the City has authority to regulate and how to incentivize
carriers to improve coverage in “dead” zones; and
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Ordinance No. X
Page 3 of 5
WHEREAS, on April 14, 2026, the Planning Commission conducted a duly-noticed
public hearing on this Ordinance and adopted P.C. Resolution No. 2026-06,
recommending that the City Council adopt the same, with modifications recommended by
the Planning Commission, and finding the project exempt from CEQA; and,
WHEREAS, the Project was reviewed by the City’s Community Development
Department and Planning Commission, and found consistent with the City’s General Plan
and the RPVMC, among other things; and
WHEREAS, on April 16, 2026, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the City Council on May 5,
2026 pursuant to the requirements of the RPVMC; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated herein by this
reference.
Section 2. Chapter 17.73 (Wireless Telecommunication Facilities On Private
Property) of Article VII (Development Application and Review) of Title 17 (Zoning) is
amended to read as shown at Exhibit “A”.
Section 3. The Code Amendment is consistent with the goals, policies, and
objectives of the General Plan because the Code Amendment is in the public interest in
that it will allow existing dilapidated freestanding monument and directory signs, and pole
signs to be remodeled and improve the aesthetics of the City. Specifically, the Code
Amendment is consistent with the following Goals and Policies of the City’s General Plan:
1. Land Use Element Policy No. 15: “Require that scenic view preservation by
commercial and institutional activities be taken into account not only in the
physical design of structures and signs, but also in night lighting of exterior
grounds.” Land Use Element, pg. L-8.
2. Visual Resources Element Policy No. 11: “Maintain strict sign standards to
ensure that signs are harmonious with the buildings, neighborhood, and
other signs in the area.” Visual Resources Element, pg. V-3.
Section 4. The City Council finds that 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
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Ordinance No. X
Page 4 of 5
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, fac ilities, 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 r esource 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. Installations, if any, would further be exempt from
CEQA review in accordance with either State CEQA Guidelines Section 15302
(replacement or reconstruction), State CEQA Guidelines Section 15303 (new
construction or conversion of small structures), and/or State CEQA Guidelines Section
15304 (minor alterations to land).
Section 5. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remainder of this
ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, o r portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 6. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of the
Council of this City of Rancho Palos Verdes.
Section 7. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
on this 19th day of May 2026.
Paul Seo, Mayor
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Ordinance No. X
Page 5 of 5
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. X passed first reading on May 5, 2026, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on May 19, 2026, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
B-5
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.
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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.
B-7
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 includes the mounting or installation of transmission equipment for the
purpose of transmitting and/or receiving radio frequency signals or communications
purposes, whether or not there is an existing antenna on the structure.
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 may 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.
B-8
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, with immediately adjacent screening of an antenna
preferred, versus perimeter screening of the 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)
B-9
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.
B-10
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.
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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
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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, unless otherwise approved pursuant to
Section 17.73.220.
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 (excluding eligible wireless
telecommunications facilities applications, which are instead subject to the
submittal requirements in subsection 17.73.220.E) 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
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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, written 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 be to scale, and 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 the immediate
neighborhood, including 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.
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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
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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
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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)(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 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.
f. If the applicant does not take any of the actions described above, the City
may elect to undertake any and all of the above actions.
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
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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)
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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.
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Page 15 of 41
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
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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.
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(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.
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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.
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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
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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.
In the event that a court of competent jurisdiction holds any section, subsection,
paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or
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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.
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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.
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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 shall be designed to be as visually unobtrusive as possible, and 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 shall 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
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permittee. Native vegetation shall be preserved to the greatest extent
practicable and incorporated into the landscape plan.
8. Wireless telecommunications facilities shall 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 shall 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
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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 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
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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.
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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
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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 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.
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;
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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,
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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
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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.
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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.
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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
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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
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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
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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),
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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;
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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)
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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. OTARD 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.
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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,
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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)
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Exhibit “B”
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.
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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.
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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 includes the mounting or installation of transmission equipment
for the purpose of transmitting and/or receiving radio frequency signals or
communications purposes, whether or not there is an existing antenna on the
structure.
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 may 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.
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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, with immediately adjacent screening of an
antenna preferred, versus perimeter screening of the 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.
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(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
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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.
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(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 or
design of a building;
(B) No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in
volume;
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(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, unless otherwise approved pursuant to Section
17.73.220.
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
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.
(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 (excluding eligible
wireless telecommunications facilities applications, which are instead subject
to the submittal requirements in subsection 17.73.220.E) 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.
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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 17.73.220,Wwritten 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 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. If photo simulations are submitted, they shall be to scale, and 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
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context of the site from the immediate neighborhood, including
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
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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 service area, and the proposed new installation is the least
intrusive means to do so.
11. Alternative analysis. Except for eligible facilities permits, Iif 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 no-
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
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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
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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, Eevery 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 all 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 shallmay 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.
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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 shallmay (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 theany
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.
f. If the applicant does not take any of the actions described above, the
City may elect to undertake any and all of the above actions.
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;
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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)
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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.
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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
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)
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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.
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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 hourday 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
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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.
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(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.
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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
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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.
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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 Iin 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. 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.
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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 shall be designed to be as visually unobtrusive as possible, and.
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.
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8. Wireless telecommunications facilities shall 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 shall 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
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 6090 days after the city deems the
application incomplete in a written notice to the applicant. The director may, inat 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 6090th 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
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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
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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
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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,
Pphotographs 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 RF 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 1.400016100 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
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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
mustmay 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 mustmay 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.
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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:
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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
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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,
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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.
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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.
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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
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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;
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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
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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;
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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
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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.
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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. OTARD 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.
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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)
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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 C-1
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 4 7 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
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 C-2
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 C-3
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 character of the City." Visual Resources Element, pg. V-13.
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
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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 requ irement , 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
C-5
(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 :
A YES: COMMISSIONERS CHRISTEN, CHURA, GEORGE, O'CONNOR,
SANTAROSA, VICE CHAIR BRACH, & CHAIR NULMAN
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Bra a o e , ICP
Di rect r'of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No . 2026-06
Page 6 of 8
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EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached redlined copy.
P.C. Resolution No. 2026-06
Page 7 of 8 C-7
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.
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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.
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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.
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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)
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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
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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.
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(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 or
design of a building;
(B)No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in
volume;
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(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
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.
(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
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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 17.73.220,Wwritten 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. 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 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
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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.
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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 service area, and the proposed new installation is the least
intrusive means to do so.
11. Alternative analysis. Except for eligible facilities permits, Iif 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 no-
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.
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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.
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16. Written authorization from property owner required. Unless previously
authorized by the private property owner, Eevery 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 all 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 shallmay 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
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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 shallmay (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 theany
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;
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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
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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)
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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
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
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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 hourday 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
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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)
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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)
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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
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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,
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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
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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 Iin 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.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.
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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 possible,
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.
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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, all
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 6090 days after the city deems the
application incomplete in a written notice to the applicant. The director may, inat 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 6090th 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.
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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.
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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
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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,
Pphotographs 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 RF 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 1.400016100 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
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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
mustmay 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 mustmay 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
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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:
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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
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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
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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)
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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.
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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.
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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
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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,
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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,
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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.
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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.
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9.Professional installation shall be required for all transmitting antennas to
ensure safety to residents.
C.OTARD 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
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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)
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EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached clean copy .
P.C. Resolution No. 2026-06
Page 8 of 8 C-51
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.
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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.
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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.
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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)
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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.
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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.
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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
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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.
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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, written 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;
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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
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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
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invite the persons who 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 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)
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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;
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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
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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
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
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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.
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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.
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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
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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
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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.
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)
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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;
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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.
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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
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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
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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.
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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
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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
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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 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.
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
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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
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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
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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).
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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
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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.
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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
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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.
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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;
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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
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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.
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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. OTARD 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.
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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)
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Enyssa Sisson
From: Teresa Takaoka
Sent:
To:
Friday, February 13, 2026 4:04 PM
CityClerk
Subject: Fw: AT&T Comments on RPV Wireless Ordinances
Attachments: AT&T Comments on RPV Draft Wireless Ordinances.pdf
For late corr
From: Shank, Aaron M.<AShank@porterwright.com>
Sent: Friday, February 13, 2026 3:22 PM
To: CC <CC@rpvca.gov>
Cc: Amy Seeraty <AmyS@rpvca.gov>; NEELY-WRIGHT, MCKENZIE <mn4453@att.com>; BROWN, PHILIP C
<pb4420@att.com>; KINNEY, KERRI <ka9192@att.com>
Subject: AT&T Comments on RPV Wireless Ordinances
Some people who received this message don't often get email from ashank@porterwright.com. Le.§m
why this is important
Dear Mayor Seo, Mayor Pro Tern Perestam, and Councilmembers Bradley, Ferraro, and Lewis: Please
accept this letter on behalf of my client, AT&T, to provide comments on the city's latest drafts of its two
wireless ordinances. Please consider these comments in connection with your deliberations of this item
during your February 17th Council Meeting. Thank you.
Aaron M. Shank
Outside Legal Counsel for AT&T
AARON M. SHANK
Porter Wright Morris & Arthur LLP
B.i.o I AShank@porterwright.com
D: 614.227.2110 IM: 614.578.5036 / F: 614.227.2100
41 South High Street, Suites 2800 -3200 I Columbus, OH 43215
I S E E W H A T I N S P I R E S U S : porterwright.com
NOTICE FROM PORTER WRIGHT MORRIS & ARTHUR LLP:
This message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read, print or
forward it. Please reply to the sender that you have received the message in error. Then delete it. Thank you.
END OF NOTICE
1
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Aaron M. Shank
ashank@porterwright.com
Porter Wright
Morris & Arthur LLP
41 South High Street
Suites 2800-3200
Columbus, OH 43215
Direct: 614.227.2110
Fax: 614.227.2100
www.porierwright.com
JJOrterwright
February 13, 2026
VIA EMAIL
Rancho Palos Verdes City Council
(CC@rpvc_a_,g,Q.Y'.)
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
RE: AT&T Comments on Wireless Ordinance
Round 4, February 2026
Dear City Council:
AT&T appreciates the city's ongoing efforts to update its wireless
ordinances. We are pleased to see that some progress has been made
over the last two years. The current drafts, however, will still hinder many
wireless infrastructure deployments due to their complexity, subjectivity,
and conflicts with applicable laws. Several industry comments merit
further consideration by the city, especially where suggested revisions
are necessary to comply with applicable laws.
Comments on Private Property Wireless Ordinance
• Section 17. 73.020. The proposed definition for "collocation" is
appropriate for eligible facilities requests (EFRs) under Section 6409(a). It
is, however, too narrow for non-EFRs, which implicates the Federal
Communications Commission shot clocl<s. For non-EFRs, the FCC has
ruled that "collocation" means attaching to any structure whether or not
it already houses wireless equipment and whether or not it has previously
been approved for wireless use. See Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment,
Declaratory Ruling and Third Report and Order, FCC 18-133 (September
27, 2018), at~ 140. For example, the 90-day shot clocl< applies to
installations such as on rooftops with no existing wireless equipment
(see 47 C.F.R. § 1.6003(c)(ii)), and the 60-day shot clocl< applies to
placing a small wireless facility on an existing structure with no existing
wireless equipment (see 47 C.F.R. § 1.6003(c)(i)). Misapplication of these
shot clocl<s, such as by applying the wrong definition for "collocation"
will violate federal law and can result in a deemed approval under Cal.
Gov't Code Sec. 65964.1 (a).
• Section 17 .73.030.A.1.c. The city's new proposal setting a 16-foot
height limit for wireless towers is far too low and will violate federal law by
causing an effective prohibition with nearly every application. This limit is
shorter than most buildings and vegetation throughout the city, which
wireless signals must overcome to provide an effective signal. And this is
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AT&T Comments
February 13, 2026
Page 2
far shorter than existing infrastructure, which is unreasonable. In addition, a 16-foot height
limit will prevent many macro deployments because antennas that close to the ground may
not be able to comply with FCC RF emissions rules without powering down to an extent that
will prevent solutions for coverage gaps and capacity constraints.
• Section 17.73.030.E.1.b.ii.B. The city proposes to prohibit wireless facilities within 200 feet
of any other wireless facility. This restriction will not make sense for small wireless facilities
in busy areas, and it risks pushing new macro sites away from locations the city would
otherwise prefer. This restriction certainly should not apply to concealed facilities or
collocations (whether or not EFRs).
• Section 17. 73.030.E.1.b.iii. The city should eliminate its individual and combined
limitations on antenna volumes. The city is preempted from dictating the means and
facilities for providing wireless services like this. These restrictions would effectively
prohibit wireless services with just about every proposed deployment.
• Section 17. 73.040.B. The city's new language improperly seeks to define when an
application is deemed submitted. The FCC shot clock commences when the application is
submitted, not when the city determines sufficient information has been presented. Rather,
the FCC shot clock may only be unilaterally paused by the city by issuing a timely and valid
incomplete notice. See 47 C.F.R. § 1.6003(d). This section also risks creating confusion,
which could result in a miscalculation of the applicable FCC shot clock and a deemed
approval under Cal. Gov't Code Sec. 65964.1 (a).
• Section 17.73.040.B.10. This new requirement for a "supplemental technical report" is
duplicative. This information cannot be required for EFRs and it is entirely duplicative of
other application requirements in this ordinance for non-EFRs. This should be deleted to
avoid confusion and invalid incomplete notices.
• Section 17.73.040.B.20. This new section requiring coverage maps cannot be required for
EFRs. See 47 C.F.R. § 1.61 00(c)(1 ). In addition, coverage maps should not be required for
proposed facilities that are needed to add network capacity.
• Section 17.73.050.B. If the city chooses to delegate determinations of application
completeness, it may not pass that cost to applicants. Application fees already cover these
costs. The city should delete this element of the scope of work for a potential consultant.
The city should use consultants sparingly and cannot pass on costs for excessive reviews.
• Section 17.73.070. The city needs to revise this section as previously proposed by the
wireless providers. As a matter of law, the applicant does no.t always bear the burden for
the exemption based on effective prohibition. When proving an effective prohibition, a
provider bears the .ini:tla1 burden to show it proposes the least intrusive means to close its
significant service coverage gap, but the burden then .s.blf.ts. ru:the. city to demonstrate the
existence of an available, feasible, and less intrusive alternative. See T-Mobile USA, Inc. v.
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AT&T Comments
February 13, 2026
Page 3
City of Anacortes, 572 F.3d 987, 998-99 (9th Cir. 2009); T-Mobile W. ·Corp. v. City of
Huntington Beach, 2012 U.S. Dist. LEXIS 148170 (C.D. Cal. Oct. 10, 2012) at *49-50; L.A.
SMSA Ltd. P'ship v. City of L.A., 2021 U.S. Dist. LEXIS 160046 (C.D. Cal. Aug. 24, 2021) at
*34; New Cingutar Wireless PCS, LLC v. County of Ventura, 2022 U.S. Dist. LEXIS 53923
(C.D. Cal. Feb. 22, 2022) at *16.
• Section 17.73.220.1.2. The city should not allow appeals for EFR determinations because
they are made based on objective criteria under federal law. There is no need for multiple
levels of process, which will only put the city at risl< for deemed grants.
Comments on PROW Wireless Ordinance
• Section 12.18.020. The proposed definition of "eligible facilities request" is not consistent
with federal law and must be revised. The city's definition would exclude modifications to
support structures that were "not required to undergo local review." But federal law says
the QP.PDS.i.te.. The applicable FCC definitions provide that if an eligible support structure is
"existing," then a non-substantial modification to it is an EFF{ that must be approved. 47
C.F.R. § 1.61 00(b). Specifically, the definition of "existing" provides: "a tower that has not
been reviewed and approved because it was not in a zoned area when it was built, but was
lawfully constructed, is existing for purposes of this definition." 47 C.F.R. § 1.61 00(b)(5). To
avoid violating federal law, the city should simply adopt the FCC's codified definitions.
• Section 12.18.020. The proposed definition of "replacement" is not consistent with federal
law for EFRs and must be revised. With respect to EFRs, the city cannot restrict
modifications to like-kind and cannot limit facility dimensions beyond the FCC's objective
criteria. The FCC provides objective criteria for what qualifies as a replacement that must
be approved even if it is neither "like-kind" nor "resemble[s] the appearance and
dimensions of the structure or equipment replaced .... " See 47 C.F.R. § 1.61 00(b)(7).
• Section 12.18.020. The city should delete its definition for "small cell." Small cells are
more formally l<nown as "small wireless facilities," and the city has alreac-Jy adopted the
FCC's definition for small wireless facility. Having a different definition for "small cell" is
confusing and unnecessary. Indeed, it does not appear that the city uses the term "small
cell" throughout the ordinance.
• Section 12.18.050.B.8.o. The requirement for a landscaping plan for small wireless
facilities is unnecessary. And this requirement is an improper aesthetic regulation of the
right-of-way to the extent the city does not apply this requirement to all other right-of-way
users in an equivalent manner. See Cal Pub. Util. Code§ 7901.1 (b). This provision should
be deleted.
• Section 12.18.060.G. The city should delete this provision. The requirement for an
applicant to inform the city of an impending shot clocl< expiration is improper and does not
affect the city's duty to comply. The only ways that a shot clock may be tolled are (a) by the
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AT&T Comments
February 13, 2026
Page 4
city issuing a timely and valid incomplete notice, and (b) by mutual agreement between the
city and the applicant. While AT&T endeavors to communicate the shot clock deadline to
the city, the city cannot avoid the rule and its impact if a wireless provider does not do so on
a particular date. Nor does this notice requirement affect the applicability of a potential
deemed approval under Cal. Gov't Code Sec. 65964.1 (a) because the remedy is triggered
by noncompliance with the FCC shot clock.
Conclusion
AT&T is dedicated to providing and improving vital wireless services in the City of Rancho Palos
Verdes. Years of cumbersome regulation and push-back have created an environment where it is
exceedingly difficult to deploy adequate wireless infrastructure. Only by reducing barriers to
deployments can the city reinvigorate investment in wireless facility deployments that are needed to
ensure residents, businesses, and visitors have ready access to reliable and resilient wireless
communications services.
cc: Amy Seeraty, Senior Planner (.amys@rpvca.gov)
27290342.1
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