Cities Index.
Item 11 Staff Presentation

Palo Alto City Council
May 19, 2025

Document
Item 11 Staff Presentation
Meeting
May 19, 2025
Body
Palo Alto City Council
Original file
2.3 MB
Text extracted from the city's file for reading and search. Open the original on cityofpaloalto.primegov.com. That file is the official record.

MAY 19, 2025 www.paloalto.gov

WIRELESS

COMMUNICATIONS

FACILITIES
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• October 21, 2024: Council adopted
direction via Colleague's Memo
• Objective: Repeal objective-only design
standards for wireless facilities in the
public right-of-way
• Replace with discretionary review:

Require Architectural Review Board
(ARB) review and architectural findings
for Tier 2 & Tier 3 WCFs
Background & Council Direction
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• December 16, 2024: Draft ordinance published on consent calendar • Pulled by three Councilmembers (Tanaka, Lythcott-Haims, Veenker) • Public comment/letters from Verizon Wireless and AT&T • May 19, 2025: Item returns as an action item for first reading and consideration

PROCEDURAL TIMELINE
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Carrier Letters (Dec 2024): Urged continued use of objective standards • Concerns
• Risk of violating FCC “shot clock” deadlines (60-150 days) • Lack of published, measurable criteria could lead to inconsistent decisions • Subjective process may increase litigation risk

INDUSTRY COMMENT & CONCERNS
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• Staff reviews Tier 2 and Tier 3 permits using objective standards • No ARB unless referred by Director or Council review unless appealed • Faster processing, consistent use of objective standards • Aligns with FCC guidance pre-Portland decision requiring objective standards • Post-Portland use of objective standards is still allowed

CURRENT PERMIT PROCESS (STATUS QUO)
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• Repeals all objective standards for WCFs in public right-of-way • Requires ARB review for Tier 2 & Tier 3 installations in the ROW • Applicants must satisfy architectural review findings (PAMC §18.76.020(d))
PROPOSED ORDINANCE – KEY CHANGES
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STAFF CONCERNS WITH PROPOSED ORDINANCE
• Legal Risk: Difficult to conduct ARB review and potential appeals within federal/state “shot clock” timeframe; applications potentially "deemed approved" • Loss of Clarity: Without objective standards, applicants face uncertainty and inconsistent design expectations
• Increased Workload: More time and coordination required across departments (Planning, Public Works, Utilities, Urban Forestry, City Attorney) • ARB Capacity: Added hearings may delay review of other priority projects • Training Needs: ARB will require education on legal and technical aspects of limited local aesthetic-based wireless regulation
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PUBLIC COMMENTS SUMMARY
• Strong support for ordinance changes proposed in the Kou/Lauing Colleagues Memo
• Common themes across public comments:
• Restore ARB review and public hearings for wireless applications • Oppose siting cell towers20 feet from homes
• Prioritize locations away from homes, schools, and hospitals • Require independent, non-industry expert review of technical claims
• Emphasize the need to move beyond outdated 2018 FCC standards • Concerns raised about radiation exposure risks and worker safety near antennas
• Some commenters requesting additional cell coverage in Palo Alto 8 8

IMPLEMENTATION & NEXT STEPS
• Ordinance becomes effective 31 days after adoption
• Applies only to public right-of-way installations, Tier 2 and 3 • Two-year term: Temporary ordinance expires unless
extended or replaced
• Staff to prepare permanent update for Planning &
Transportation Commission review
9 JONATHAN LAIT
Director
[email protected]
650-329-2679

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