ORD 701 ORDINANCE NO. 701
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 12.18 (WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY) OF TITLE 12 (STREETS, SIDEWALKS
AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDESMUNICIPAL 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repealed and replaced Chapter 12.18 (Wireless Telecommunications Facilities in the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.
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
01203.0006 2123354.1
Palos Verdes Municipal Code is amended to encourage wireless
development a'nd 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 Exhibit "A," which provides a clean version of the amended
Chapter 12.18, and Exhibit "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, this 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
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
01203.0006 2123354.1 Ordinance No.701
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111 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 15th day of September, 2026.
,_,Z. /
"11- Paul eo, Mayor
Attest:
eres akaoka, City Clerk
STATE OF CALIFORNIA )
111 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. 701 passed first reading on September 1, 2026, was duly
adopted by the City Council of said City at.a regular meeting thereof held on September
15,, 202.6, and that the same was passed and adopted by the following roll call vote:
AYES: Bradley, Ferraro, Lewis, and Mayor Pro Tem Perestam
NOES: None
ABSENT: Seo
ABSTAIN: None
eres T aoka, City Clerk
I
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ORDINANCE NO. 701
Exhibit “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. Application fee. At the time of application submittal, the applicant shall submit the applicable
SWF WTFP application fee established by city council resolution in order to accept the application
for processing. An application will not be accepted for submittal without payment of the
application fee. Batched applications must include the applicable application fee for each SWF in
the batch at the time of submittal.
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 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;
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(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 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. 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 a
licensed engineer for the proposed SWF and all associated equipment including all environmental
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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).
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
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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. 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.
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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.
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
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attributable to a WTFP and consistent with FCC regulations shall be reimbursable to the city. To this end, the
public works director 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
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.
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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
rendering a decision. Applications qualifying for eligible facilities requests shall not require notice. The
notice shall contain:
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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 a public 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
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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 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
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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
trees is not possible, the City Arborist must be consulted on the scope of work related to trimming, and
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,
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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
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
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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.
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:
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(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 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
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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
(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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ORDINANCE NO. 701
Exhibit “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 (1) Foassociated r the prwith eservatwireless ion of the publtelecommunications ic right-of-wayfacilities. (PROWThis ) in thchapter e city forprovides the maxistandards mum benefinecessary: t 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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Exhibit B
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01203.0006 2123357.1
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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. At the time of application submittal, the applicant shall submit the applicable
SWF WTFP application fee established by city council resolution in order to accept the application
for processing. An application will not be accepted for submittal without payment of the
application fee. Batched applications must include the applicable application fee for each SWF in
the batch at the time of submittal
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;
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Exhibit B
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01203.0006 2123357.1
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(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
(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. 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
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01203.0006 2123357.1
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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 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
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Exhibit B
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01203.0006 2123357.1
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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 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.
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Exhibit B
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01203.0006 2123357.1
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e. Sufficient evidence of the structural integrity of the support structure as required by the city.
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 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
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01203.0006 2123357.1
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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 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 director 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.
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Exhibit B
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01203.0006 2123357.1
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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. 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.
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Exhibit B
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01203.0006 2123357.1
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(Supp. No. 4)
Page 18 of 38
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:
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.
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Exhibit B
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01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 19 of 38
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;
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 a public 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
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(Supp. No. 4)
Page 20 of 38
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 planning commission p ublic works dDirector 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.
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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.
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
a trees is not possible, the City Arborist must be consulted on the scope of work related to trimming,
and 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.
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Exhibit B
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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.
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.
Ordinance No. 701
Exhibit B
Page 29 of 38
01203.0006 2123357.1
Page 30 of 38
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.
Ordinance No. 701
Exhibit B
Page 30 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 31 of 38
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.
Ordinance No. 701
Exhibit B
Page 31 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 32 of 38
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
Ordinance No. 701
Exhibit B
Page 32 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 33 of 38
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;
Ordinance No. 701
Exhibit B
Page 33 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 34 of 38
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.
Ordinance No. 701
Exhibit B
Page 34 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 35 of 38
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)
Ordinance No. 701
Exhibit B
Page 35 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 36 of 38
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.
Ordinance No. 701
Exhibit B
Page 36 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(Supp. No. 4)
Page 37 of 38
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,
Ordinance No. 701
Exhibit B
Page 37 of 38
01203.0006 2123357.1
Created: 2026-04-14 13:28:35 [EST]
(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)
Ordinance No. 701
Exhibit B
Page 38 of 38
CITY OF RANCHO HALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on September 16, 2026, she caused to be posted the
following document entitled: ORDINANCE NO. 701, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 12.18 (WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY) OF TITLE 12 (STREETS, SIDEWALKS AND
PUBLIC PLACES) 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., a copy of which is attached hereto, in the
following locations:
City Hall Ladera Linda Community Park
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting.
clerk
L.City