City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: May 19, 2025
Report #:2504-4479
TITLE
FIRST READING: Adoption of an Ordinance Amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to Modify the Permit Process and Required Findings for Tier 2 and Tier 3 Wireless Communications Facilities to Require Architectural Review Board review and Repealing the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way.
RECOMMENDATION
Adopt a Temporary Ordinance amending Section 18.42.110 (Wireless Communications Facilities) of Title 18 (Zoning) to require Architectural Review Board (ARB) review for Tier 2 and Tier 3 Wireless Communications Facilities in the public rights-of-way to and repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights-of-Way.
BACKGROUND
On October 21, 2024, City Council considered a Colleague’s Memo recommending the repeal the City’s objective-only aesthetic standards for wireless communication facilities (WCFs) in the public rights-of-way. The recommendation proposed reinstating subjective architectural review findings and requiring Tier 2 and 3 applications in the public rights-of-way undergo Architectural Review Board (ARB) public hearings before a decision is made by the Director of Planning and Development Services.
The Council directed staff to prepare an ordinance incorporating these requested procedural revisions to the City’s WCF ordinance. The draft ordinance (Attachment A) would modify the WCF permit review process for Tier 2 and Tier 3 facilities in the public right-of-way, to repeal the Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights-of-Way (“Objective Standards for WCFs”) and to require review of such applications by the ARB. The draft ordinance is temporary and would be effective for a period
of two years, during which time the Planning and Transportation Commission would need to review and recommendation permanent changes to WCF regulations.
The draft ordinance was published as a consent item on December 16, 2024. The staff report, including additional background an analysis, is available online.1 At the December 16, 2024 meeting, Council received additional public comment letters from providers (Attachment D) and pulled the item from consent, to be discussed as an action item at a future meeting.
ANALYSIS
As described in more detail in the December 16, 2024 Council Report, staff continues to have the following concerns:
•Compliance with Legal Timelines: Federal and State “shot clock” laws impose strict deadlines (60 to 150 days) for application processing. The added ARB hearings and potential City Council appeals could make compliance difficult, risking “deemed approved” outcomes if deadlines are missed.
•Loss of Clarity and Consistency: Removing objective standards may reduce clarity for applicants, leading to inconsistent design expectations, lower application quality, and increased likelihood of appeals or litigation.
•Increased Staff Workload and Resource Demands: The proposed changes will increase demands on Planning, Public Works, Utilities, Urban Forestry, and the City Attorney’s Office due to the need for interdepartmental review, ARB and Council meeting participation, and potential appeals.
•Potential Impact on ARB and Council Agendas: Greater volume and complexity of public hearings may affect the City’s ability to process other priority projects, requiring more time on ARB and Council agendas.
•Training Needs: ARB members will require training on federal and state WCF legal frameworks and on how to apply subjective architectural findings to wireless infrastructure.
FISCAL/RESOURCE IMPACT
The December 16 2024 Council report provides greater analysis, but in summary, the primary impact of the proposed changes lies in increased resource demands across multiple departments, including Planning, Public Works, Utilities, Urban Forestry, and the City Attorney’s Office. Staff will need to support ARB hearings, prepare for potential appeals, and manage stricter timelines, all of which require significant time and coordination. While application fees 1 December 16, 2024 Council Report: https://portal.laserfiche.com/Portal/DocView.aspx?id=117753&repo=r- 704298fc&searchid=ec4c2136-a656-4bb2-a80a-afb491504351
may offset direct costs, the additional staff workload, administrative support, and ARB training may be a substantial burden.
STAKEHOLDER ENGAGEMENT
In addition to public discussion at the City Council meeting on October 21, 2024, two comment letters were received at Council‘s December 16, 2024 meeting (Attachment D).
ENVIRONMENTAL REVIEW
The recommended action is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Sections 15301, 15302, and 15303, since the regulation changes would affect existing facilities, replacement or reconstruction of existing structures or facilities, or new construction or conversion of small structures
ATTACHMENTS
Attachment A: Draft Temporary Ordinance
Attachment B: WCF Review Standards (Municipal Code excerpts) Attachment C: Objective Standards for WCF (proposed for repeal) Attachment D: Public Comment letters, received on December 16, 2024 APPROVED BY:
Jonathan Lait, Planning and Development Services Director