California Environmental Quality Act (CEQA) because the proposal is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the enforcement. Moreover, if any of the code amendment or the three policies were to qualify as a “project” subject to CEQA, the project would be exempt from further environmental review in accordance with CEQA Guidelines Sections 15061(b)(3) because the project involves the adoption of regulations for wireless facilities and does not directly or indirectly authorize or approve any actual physical changes in the environment.
EQUITY AND SUSTAINABILITY
Improving wireless coverage in Pleasanton will provide more equitable access to cellular services, including residences and businesses in all Pleasanton neighborhoods. Furhermore, improving emergency communications and the ability to receive emergency alerts and make contact with first responders benefits the City's more vulnerable residents, such as seniors and persons with disabililites, in the event of an emergency.
OUTREACH
The updated Wireless Facility policies and ordinance were reviewed at a public hearing of the Planning Commission on March 25, 2026. Notice of this public hearing was also provided in the Valley Times on March 13, 2026.
STRATEGIC PLAN ALIGNMENT
This recommendation aligns with Strategic Plan Goal A - Funding our Future, Strategy 1 - Identify expanded and new revenue sources to address significant infrastructure needs.
Adoption of the updated wireless regulations would facilitate the development and implementation of the Cellular Lease Revenue Program, which the City Council identified as a priority in August 2025.
FISCAL IMPACT
This recommendation aligns with the Cellular Lease Revenue Program which the City Council identified as a priority, which could result in additional revenues for the City.
Prepared and Submitted by: Approved by:
Julie Harryman
Assistant City Attorney
Ellen Clark, Director of Community and
Economic Development
Gerry Beaudin, City
Manager
Attachments:
1. Attachment 1 Ordinance - Chapter 18.110
2. Attachment 2 Resolution - Approving Wireless Policies
3. Attachment 2 Resolution Exhibit A - Macro Wireless Facilities Policy
4. Attachment 2 Resolution Exhibit B - Small Cell Policy
5. Attachment 2 Resolution Exhibit C - Existing Facilities, Section 6409 Policy
6. Attachment 3 Resolution - Master Fee Schedule to add Wireless Application Fees
7. Attachment 4 - Wireless Facility Photos
8. Attachment 5 - Presentation
ATTACHMENT 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLEASANTON REPEALING AND REPLACING CHAPTER 18.110 OF
THE PLEASANTON MUNICIPAL CODE CONCERNING PERSONAL
WIRELESS SERVICE FACILITIES
WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code Section 37100 and other applicable law, the City Council of the City of Pleasanton (“City Council”) may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location and siting of wireless communication facilities, but limits local regulations in three key ways:
(1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 253 prohibits state and local requirements that prohibit or effectively prohibit any entity’s ability to provide any telecommunication service but preserves the authority of state and local governments to manage the public right-of-way on a nondiscriminatory basis; and
WHEREAS, Section 7901 of the California Public Utilities Code grants telephone corporations the limited right to use the public right-of-way to the extent necessary to provide services to their customers in a manner that does not incommode the public’s use of the public right-of-way; and
WHEREAS, Section 7901.1 of the California Public Utilities Code bolsters the rights reserved to California local governments under Section 7901 and affirms local authority to manage, on a nondiscriminatory basis, the time, place and manner in which telephone corporations access the public right-of-way and deploy their facilities; and
WHEREAS, since the enactment of the Telecommunications Act of 1996, significant changes have occurred in federal and state laws that affect local authority over personal wireless service facilities, which includes, without limitation, the following:
• On November 18, 2009, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling in the proceeding titled Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, 24 FCC Rcd. 13994 (Nov. 18, 2009) (the “2009 Declaratory Ruling”), which imposed procedural restrictions on state and local permit application reviews such as presumptively reasonable times for action. After a petition for
Ordinance No.
judicial review, the U.S. Supreme Court in City of Arlington v. FCC, 569 U.S. 290 (2013), upheld the FCC’s authority to issue these rules;
• On February 22, 2012, Congress adopted 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 U.S.C. § 1455(a), which amended the Communications Act. This statute generally required that state and local governments “may not deny, and shall approve” certain additions and modifications to existing wireless facilities that do not substantially change existing facility’s physical dimensions. Applications covered by this statute are deemed “eligible facilities requests”;
• On October 21, 2014, the FCC adopted a Report and Order in the rulemaking proceeding titled Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket No. 13-238, Report and Order, 30 FCC Rcd. 31 (Oct. 21, 2014) (the “2014 Infrastructure Order”), which implemented regulations for “eligible facilities requests” that defined statutory terms, prohibited certain application requirements, limited application review periods and deemed applications automatically granted when the state or local government fails to act within the applicable timeframe. The U.S. Court of Appeals for the Fourth Circuit in Montgomery Cnty. v. FCC, 811 F.3d 121 (4th Cir. 2015), denied petitions for review;
• On October 9, 2015, Governor Edmund Brown signed into law Assembly Bill No. 57 (Quirk), codified as California Government Code Section 65964.1, which created a “deemed-approved” remedy for when a local government fails to act on applications for certain wireless facilities within the presumptively reasonable times established in the 2009 Declaratory Ruling and 2014 Infrastructure Order;
• On August 3, 2018, the FCC adopted a Third Report and Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (Aug. 3, 2018) (the “Moratorium Order”), that formally prohibited express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. Section 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis;
• On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Small Cell Order”), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. The
Ordinance No.
Small Cell Order set forth limitations on state and local government regulation of small cell wireless facilities that are placed on vertical infrastructure such as utility poles and street light standards located in the public rights-of-way.
The Small Cell order: (1) limited the level of local permitting and discretion; (2) established “shot clock” rules (e.g., time limits and deadlines) for processing action on local permits; and (3) limited the fees that can be charged for the facilities. The Small Cell Order further established that any aesthetic regulations and fees required for processing small wireless facilities be published in advance; and
• On the April 4, 2019, the California Supreme Court in T-Mobile West LLC v.
City and County of San Francisco, 438 P.3d 239 (Cal. 2019), held that California Public Utilities Code Sections 7901 and 7901.1 do not completely divest local governments of their police powers and only prohibit local franchises as a precondition for access to the public right-of-way by telephone corporations;
• On June 10, 2020, the FCC adopted additional regulations purporting to clarify its rules to interpret and implement Section 6409 in Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19-250, RM-11849, Declaratory Ruling and Notice of Proposed Rulemaking, 35 FCC Rcd. 5977 (Jun. 10, 2020) (the “2020 Declaratory Ruling”). These additional regulations specified what steps an applicant must take for the shot clock to commence, modified what constitutes a substantial change to a wireless facility and clarified the circumstances under which an environmental assessment is not required.
• On August 12, 2020, in Portland v. United States, 969 F.3d 1020 (9th Cir. 2020), the U.S. Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other limitations. The court specifically invalidated the requirements that aesthetic regulations be objective and no more burdensome than those applied to other infrastructure deployments. The U.S. Supreme Court denied a petition for review of the Ninth Circuit’s decision to uphold the FCC’s fee restrictions in the Order Denying Petition for Certiorari, Sprint Corp. v. FCC, No. 20-1354 (June 28, 2021). Thus, the Small Cell Order, as modified by the Ninth Circuit’s partial invalidation, is final with no further pending judicial review;
• On November 3, 2020, the FCC adopted further regulations in Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19-250, RM-11849, Report and Order, 35 FCC Rcd. 13188 (Nov. 3, 2020) that defined wireless facility site boundaries and allowed certain additional excavation and deployment of transmission equipment beyond existing site boundaries; and
Ordinance No.
• On October 4, 2021, Governor Gavin Newsom signed into law Assembly Bill 537 which amended Government Code Section 65964.1 to provide applicants a “deemed approved” remedy for a collocation or siting application for a wireless telecommunications facility if a city or county fails to approve or disapprove an application within a reasonable period of time in accordance with FCC rules, subject to certain requirements and limitations;
• On October 8, 2023, Governor Gavin Newsom signed into law Assembly Bill 965 which added Section 65964.3 to the Government Code to require local agencies to undertake batch broadband permit processing of two or more broadband permit applications for substantially similar broadband project sites under a single permit and extends the existing state law “deemed approved” remedy in Government Code Section 65964.1, if a city or county fails to approve or disapprove an application within a reasonable period of time specified in applicable law, subject to certain requirements and limitations; and
WHEREAS, given the rapid and substantial changes in applicable law, the active and effective federal prohibition on reasonable moratorium ordinances to allow local public agencies to study these changes and develop appropriate responses and the significant adverse consequences for noncompliance with these changes in applicable law, and in response to practical experience processing applications for wireless facilities under the Pleasanton Municipal Code (“PMC”), the City Council desires to amend PMC Chapter 18.110 by adopting Exhibit A hereto to allow the City greater flexibility and responsiveness to these federal and state laws in order to preserve the City’s traditional authority to the maximum extent practicable; and
WHEREAS, the City Council finds that amending PMC Chapter 18.110 by adopting Exhibit A hereto will allow the City Council to quickly and efficiently adopt administrative policies that provide clear procedures for wireless facilities, small wireless facilities, eligible facilities requests and emergency standby generator applications and deployment and bolster the City’s policies and regulations concerning public health, safety and welfare and the aesthetic character of the City; and
WHEREAS, amending PMC Chapter 18.110 by adopting Exhibit A hereto is necessary to protect public health, safety, welfare, and aesthetic interests, and the enforcement thereof will not result in the imposition of excessive costs on operators and users of wireless telecommunications services. The City Council finds, further, that the amendment of PMC Chapter 18.110 by adopting Exhibit A hereto neither materially limits a person’s ability to receive wireless communications services nor creates unfair competition among wireless telecommunications service providers; and
WHEREAS, the City Council finds the amendment of PMC Chapter 18.110 by adopting Exhibit A hereto will, to the extent permitted by federal and California state law, protect and promote public health, safety, and welfare, and also balance the benefits
Ordinance No.
that flow from robust, advanced wireless services within the City’s local values, which includes without limitation the aesthetic character of the City, its neighborhoods, and community;
WHEREAS, the Pleasanton Planning Commission considered the proposed Exhibit A hereto at a duly noticed public hearing on March 25, 2026, and by a vote of 3 to 0 recommended the City Council approve a categorical exemption per CEQA and approve Exhibit A hereto to amend PMC Chapter 18.110; and
WHEREAS, on April 21, 2026, the City Council conducted a duly noticed public hearing to take public testimony and consider the introduction of this Ordinance to amend PMC Chapter 18.110 by adopting Exhibit A hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council finds that: (a) the facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance; (c) the provisions in this Ordinance and PMC Chapter 18.110 are consistent with the Pleasanton General Plan, the PMC and applicable federal and state law; and (d) neither this Ordinance nor PMC Chapter 18.110 will be detrimental to the public interest, health, safety, convenience or welfare.
SECTION 2. AMENDMENT OF PMC CHAPTER 18.110. The City Council does hereby repeal and replace PMC Chapter 18.110 (Personal Wireless Service Facilities) to read as set forth in Exhibit A.
SECTION 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this Ordinance or PMC Chapter 18.110, or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Ordinance and amended PMC Chapter 18.110 and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional.
SECTION 4. CEQA. If this Ordinance qualifies as a “project” subject to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Ordinance amends PMC Chapter 18.110 in a manner that complies with federal and state regulations. This Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment.
Ordinance No.
Applications for any new wireless facility or change to an existing wireless facility would be subject to additional environmental review on a case-by-case basis. Accordingly, the City Council finds that this Ordinance is exempt from CEQA under the general rule.
SECTION 5. POSTING/PUBLISHING OF NOTICE. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after the date of its passage and adoption.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on April 21, 2026, and was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________________
Jack Balch, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No.
EXHIBIT A
CHAPTER 18.110
PERSONAL WIRELESS SERVICE FACILITIES
§ 18.110.010. Purpose and Intent.
This chapter of the Pleasanton Municipal Code establishes the regulatory process for all requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities, small wireless facilities and eligible facilities requests within the City’s territorial and jurisdictional boundaries.
§ 18.110.020. Definitions.
Notwithstanding anything in this chapter to the contrary, the abbreviations, phrases, terms and words used in this chapter will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have their ordinary meanings. The definitions in this section shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined elsewhere in this chapter or in the Pleasanton Municipal Code.
However, if any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
(a) “eligible facilities request” means the same as defined in 47 U.S.C. Section 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. Section 1.6100(b)(3).
(b) “FCC” means the “Federal Communications Commission”, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C.
Sections 151 et seq. or its duly appointed successor agency.
(c) “personal wireless service facilities” mean the same as defined in 47 U.S.C.
Section 332(c)(7)(C)(ii).
(d) “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 U.S.C. Section 1455(a).
(e) “small wireless facility” means same as defined by the FCC in 47 C.F.R.
Section 1.6002(l).
(f) “wireless facility” means a personal wireless service facility.
Ordinance No.
§ 18.110.030. Wireless Facilities.
All requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities not otherwise regulated by Section 18.110.040 through Section 18.110.050 within the City’s territorial and jurisdictional boundaries are subject to a permit as specified in a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All wireless facilities shall comply with the City Council’s policy. If a City Council policy is not adopted, or is otherwise repealed after adoption and not replaced, an application for a wireless facility shall be processed pursuant to Title 18 (Zoning).
§ 18.110.040. Small Wireless Facilities.
All small wireless facilities are subject to a permit as specified in a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All small wireless facilities shall comply with the City Council’s policy. If a City Council policy is not adopted, or is otherwise repealed after adoption and not replaced, an application for a small wireless facility shall be processed pursuant to Title 18 (Zoning).
§ 18.110.050. Eligible Facilities Requests.
All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 are subject to a permit as specified in a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the City Council’s policy. If a City Council policy is not adopted, or is otherwise repealed after adoption and not replaced, an eligible facilities request or other application submitted for approval pursuant to Section 6409 shall be processed pursuant to Title 18 (Zoning).
§ 18.110.060. Violations.
Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to injunctive relief as set forth in Chapter 1.16 (Injunctive Relief), administrative citations as set forth in Chapter 1.24 (Administrative Citations), administrative remedies as set forth in Chapter 1.28 (Administrative Remedies), abatement pursuant to Chapter 9.28 (Property Maintenance), any and all applicable processes and procedures pursuant to the Pleasanton Municipal Code, including but not limited to Chapter 18.140 (Penalties), California Code of Civil Procedure Section 731, or any other remedy available to the City.
ATTACHMENT 2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON
ADOPTING THREE NEW POLICIES RELATED TO APPLICATIONS FOR WIRELESS FACILITIES: MACRO TOWERS, SMALL CELLS, AND
MODIFICATIONS TO EXISTING FACILITIES
WHEREAS, given the complex and continually evolving nature of federal and state laws concerning wireless, setting the regulatory framework for wireless applications in policies (rather than in the municipal code) provides the City with the ability to adapt more flexibly over time and remain in step with regulatory changes as well as changes in technology; and
WHEREAS, on March 25, 2026, the Planning Commission held a duly noticed public hearing to consider the three new wireless policies and made a recommendation to the City Council to approve three new policies; and
WHEREAS, at a duly noticed public hearing on April 21, 2026, the City Council considered the staff report and all written and oral testimony, and introduced an Ordinance amending Chapter 18.110 of the Pleasanton Municipal Code; and
WHEREAS, said ordinance provides that all wireless facilities shall be governed by three new policies, covering macro facilities, small cell facilities, and existing facilities under Section 6409 as adopted by this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1: The City Council hereby adopts the following three policies related to: 1) Wireless Telecommunications Facilities (a.k.a. macro facilities) (Exhibit A) ; 2) Small Wireless Facilities (a.k.a., small cells) (Exhibit B); and 3) Collocations and Modifications to Existing Wireless Facilities as Eligible Facilities Requests (a.k.a. section 6409 applications) (Exhibit C).
SECTION 2: If any of the three policies qualifies as a “project” subject to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that the project will have a significant impact on the physical environment. These three policies are adopted in a manner that complies with federal and state regulations. These three policies do not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new wireless facility or change to an existing wireless facility would be subject to additional environmental review on a case-by-case basis. Accordingly, the City Council finds that these three policies are exempt from CEQA under the general rule.
Resolution No.
SECTION 3. This resolution shall become effective immediately after its passage and adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 21, 2026, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
______________________________
Daniel G. Sodergren, City Attorney
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 1 / 37 CITY OF PLEA SANTON POLICY NO. [RESERVED]
Adopted: April 21, 2026
General Subject: Wireless Telecommunications Facilities
TABLE OF CONTENTS
SECTION 1. INTRODUCTION AND BACKGROUND ................................................................ 2 SECTION 2. PURPOSE AND INTENT .................................................................................. 2 SECTION 3. DEFINITIONS ................................................................................................ 3 SECTION 4. APPLICABILITY .............................................................................................. 6 SECTION 5. REQUIRED PERMITS AND APPROVALS ............................................................ 7 SECTION 6. ADMINISTRATIVE ORDERS AND REGULATIONS ................................................. 7 SECTION 7. PERMIT APPLICATIONS .................................................................................. 8 SECTION 8. PEER AND INDEPENDENT CONSULTANT REVIEW ........................................... 10 SECTION 9. PUBLIC NOTICE .......................................................................................... 11 SECTION 10. APPROVALS; DENIALS; APPEALS .............................................................. 12 SECTION 11. LOCATION STANDARDS............................................................................ 14 SECTION 12. DESIGN STANDARDS ............................................................................... 16 SECTION 13. STANDARD CONDITIONS FOR APPROVED PERMITS .................................... 22 SECTION 14. AMORTIZATION ....................................................................................... 34 SECTION 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION ..................... 35 SECTION 16. VIOLATIONS ............................................................................................ 36 ATTACHMENT 2
RESOLUTION EXHIBIT A
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 2 / 37
Section 1. INTRODUCTION AND BACKGROUND
Local authority over communications facilities exists at an often- complex intersection between state law, federal law, changes in technologies and public policies. Laws and regulations impact not only whether municipalities may regulate, but how, when and even for what purpose.
This policy establishes the regulatory process for all requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities within the City’s territorial and jurisdictional boundaries.
On April 21, 2026, and pursuant to Section 18.110.030 of the Municipal Code, the City Council adopted this policy to conform the City’s permit process for wireless telecommunications facilities with applicable law.
Section 2. P
URPOSE AND INTENT
(a) The City intends this policy to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s territorial boundaries, consistent with and to the extent permitted under federal and California state law.
(b) The standards and procedures contained in this policy are intended to, and should be applied, consistent with federal and state law, to protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City ’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community.
(c) This policy is also intended to reflect and promote the community interest by (1) ensuring that an appropriate balance between public and private interest s are maintained; (2) protecting the City’s visual character and property values from potential adverse impacts and/ or visual blight created and/ or exacerbated by wireless facilities and related communications infrastructure; (3) protecting and preserving the City ’s environmental resources; and (4) ensuring appropriate placement of high -quality, advanced wireless services for the City ’s residents, businesses and visitors.
(d) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of-way management; (3) unreasonably discriminate among providers of functionally
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 3 / 37 equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to violate any applicable federal or California state law.
Section 3. D
EFINITIONS
The abbreviation, phrases, terms and words used in this policy will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 1 U.S.C. § 1, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings.
The definitions in this policy shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Municipal Code.
However, if any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded.
(a) “amateur station” means the same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as “a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.” This term includes amateur radio antennas and related facilities used for amateur radio services.
(b) “appellate authority ” means the City official or appointed/elected body responsible for review of approval authority decisions and vested with authority to hear and decide appeals. For appeals from either the Zoning Administrator or the Planning Commission, the appellate authority shall be the City Council.
(c) “approval authority ” means the City official or appointed/elected body responsible for application review and vested with authority to approve or deny such applications. For Wireless Facility Permits, the approval authority shall be the Zoning Administrator, unless referred by the Zoning Administrator to the Planning Commission.
(d) “architecturally integrated” means stealth concealment that mimics the existing architecture, design, materials and finishes of the underlying structure such that the wireless facility appears to be something other than a wireless facility and part of the original structure’s design.
(e) “City” means the City of Pleasanton, California.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 4 / 37
(f) “City Council” means the City Council of the City of Pleasanton, California.
(g) “collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g).
(h) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
(i) “Department” means the City of Pleasanton Community and Economic Development Department.
(j) “Director” means the City of Pleasanton Community and Economic Development Department Director or their designee.
(k) “eligible facilities request” means the same as defined in 47 U.S.C. § 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3).
(l) “FCC” means the “Federal Communications Commission ”, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
(m) “Fire Safety Authority” means the Livermore-Pleasanton Fire Department or their designee.
(n) “historic resource” means any prehistoric or historic district, neighborhood, site, building, structure or object included in, or eligible for inclusion in the National Register of Historic Places or the California Register of Historical Resources, or identified in the City of Pleasanton General Plan or the Downtown Specific Plan.
The term includes artifacts, records and remains related to or located within such properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.
(o) “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. Ministerial permits may include, without limitation, any building permit, construction permit, electrical permit, excavation permit, traffic control permit, encroachment permit and/or any similar over-the-counter approval issued by the City’s departments.
(p) “Municipal Code” means the City of Pleasanton Municipal Code.
(q) “OTARD” means any “over -the-air reception device” subject to 47 C.F.R. §§
1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 5 / 37 (r) “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii).
(s) “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
(t) “persons entitled to notice ” means (1) all real property owners; and (2) all occupants of each physical address for all properties , each within 500 feet of the exterior boundaries of the proposed wireless facility. Mailed notice will be deemed given to real property owners when sent to the address listed on the most recent equalized assessment roll. Mailed notice will be deemed given to all occupants when sent to the real property’s physical address.
(u) “public right-of-way” or “public rights-of-way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes.
(v) “RF” means radio frequency.
(w) “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 U.S.C. § 1455(a).
(x) “shot clock” means the presumptively reasonable time defined by the FCC , or time specified under state law, if applicable, in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
(y) “small wireless facility” means the same as defined by the FCC in 47 C.F.R. §
1.6002(l).
(z) “stealth” means concealment elements, measures and techniques to: (1) architecturally integrate a wireless facility into the underlying support structure or building ( e.g. with the use of existing or new parapet walls, cupolas, steeples, chimneys, etc.) and consistent with the style, proportion and construction quality of the underlying support structure or building) ; or (2) mimic or blend with the surrounding built or natural environment and adjacent uses (e.g., faux trees, faux water towers, etc.), and which completely screens transmission equipment from public view. The foregoing stealth concealment techniques examples are included without limitation.
(aa) “wireless facility” means a personal wireless service facility.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 6 / 37 (bb) “Wireless Facility Permit ” means the permit approval required by the City of Pleasanton Community and Economic Development Department to authorize the use of wireless facilities subject to this policy.
(cc) “Zoning Administrator” means the same as defined in Section 18.08.010 of the Municipal Code, or their designee.
Section 4. APPLICABILITY
(a) General. This policy applies to all requests for the City ’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities within the City’s territorial and jurisdictional boundaries , unless expressly exempted pursuant to this Section 4.
(b) Wireless Facilities on City Property or Structures. This policy applies to permit applications, submitted to the City in its regulatory capacity as the permitting agency, for wireless facilities on property or structures owned or controlled by the City; provided, however, that this policy does not govern whether or under what terms and conditions the City, in its proprietary capacity as the property or structure owner, would lease, license or otherwise allow a wireless facility on such property or structures.
(c) Small Wireless Facilities ; Eligible Facilities Requests . Notwithstanding anything in this policy to the contrary, this policy shall not be applicable to small wireless facilities, eligible facilities requests and/or other applications submitted for approval pursuant to Section 6409.
(d) Other Exemptions. Notwithstanding anything in this policy to the contrary, this policy shall not be applicable to the following:
(1) wireless facilities operated for public purposes by the City or through joint powers authorities that the City is a member;
(2) wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber’s private residence, such as a femto cell or indoor distributed antenna system;
(3) OTARD antennas;
(4) antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-E.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 7 / 37
(e) Severability. If any provision in this policy or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (1) such provision or its application to such person, entity or circumstance will be deemed severed from this policy ; ( 2) all other provisions in this policy or their application to any person, entity or circumstance will not be affected; and (3) all other provisions in this policy or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.
Section 5. R
EQUIRED PERMITS AND APPROVALS
(a) Required Permits . All wireless facilities subject to this policy shall require a Wireless Facility Permit subject to the approval authority’s prior review and approval.
(b) Referral. The Zoning Administrator may refer any application for a Wireless Facility Permit to the Planning Commission when the Zoning Administrator, in the Zoning Administrator’s discretion, determines that the application implicates a significant planning concern.
(c) Other Permits and Regulatory Approvals. In addition to any permit or approval required under this policy , the applicant must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act) as may be required by any other federal, state , regional or local government agencies, which includes without limitation any permits and/or approvals issued by other City departments or divisions such as encroachment permits for work or facilities in the public right-of-way. All applications for ministerial permits submitted in connection with a proposed wireless facility or other infrastructure deployment must contain a valid permit issued by the City for the proposed wireless facility. Any application for any ministerial permits submitted without such permit for the proposed wireless facility may be denied without prejudice. Any permit or approval granted under this policy or deemed granted or deemed approved by the operation of law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the permit requirement under Section 4(d) does not exempt the same wireless facilities or other infrastructure deployments from any other permits or approvals, which includes without limitation any ministerial permits from the City.
Section 6. A
DMINISTRATIVE ORDERS AND REGULATIONS
In addition to the requirements in this policy, the Director may adopt such orders or regulations as the Director deems necessary or appropriate to protect and maintain public health, safety, welfare and convenience. The Director is also authorized to establish other reasonable rules and regulations for duly filed applications, which may include without
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 8 / 37 limitation regular hours for application submittals and resubmittals, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated.
Section 7. P
ERMIT APPLICATIONS
(a) Application Required. The approval authority shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities except upon a complete and duly filed application consistent with this section and any other written rules or requirements the City or the Director may establish from time to time in any publicly -stated format.
(b) Application Fee/Deposit. The applicant shall submit the applicable permit application fee, application review deposit , or combination application fee and review deposit adopted by City Council resolution at the time of application. If no permit application fee, application review deposit , or combination application fee and review deposit has been adopted at the time of application, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application within 10 business days after the City issues a written demand for reimbursement. Additional deposits shall be required if the deposit is inadequate and must be replenished . If the deposit exceeds the actual costs, the difference will be returned to the applicant following final inspection in event of an approval, withdrawal of the application, or the conclusion of any appeals or expiration of any appeal periods, whichever occurs later, in event of a denial.
(c) Application Content. All applications for a permit must include all the information and materials required by the Director for the application. T he Director is authorized to develop, publish and from time- to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy . All such requirements must be in written form and publicly stated and available. All applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which include without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.
(d) Voluntary Pre-Application Conferences. The Department shall provide prospective applicants with the opportunity to schedule and attend a voluntary pre- application conference with Department staff. The City strongly encourages , but does not require, pre-application conferences for all applications . This voluntary pre-application conference process, including but not limited to any requests for
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 9 / 37 conferences or meetings, submittal of pre-application materials, or the occurrence of any conferences or meetings, does not, and shall not be deemed to, commence any shot clocks. This voluntary pre-application conference is 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 or existing wireless facility, such as compliance with generally applicabl e rules for public health and safety; potential stealth or concealment issues or concerns (if applicable); coordination with other City departments and/or divisions responsible for application review; and application completeness issues. 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 Department 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 pre- application conference.
(e) Application Submittal. Unless the Director establishes an alternative submittal procedure pursuant to Section 6, all applications submitted, or resubmitted in response to an incomplete notice as the case may be, under this policy must be submitted to the Department through the online permitting portal only during the Department’s “Permit Center Hours ” as published on the Department’s website .
The Department’s Permit Center Hours exclude City holidays or other days that the City is closed. Any applications submitted, or resubmitted as the case may be, after such Permit Center Hours will be deemed submitted, or resubmitted, and received by the Department at the start of “Permit Center Hours” on the next scheduled working day . Any application received in a manner not authorized by this policy or alternatives established by the Director, whether delivered in-person, by mail, electronically or through any other means, will not be considered duly filed whether the City retains the submitted materials or not.
(f) Voluntary Community Meetings. The City strongly encourages , but does not require, applicants to schedule, notice, arrange, and attend a voluntary community meeting with all interested members of the public . Community meetings may be conducted before or after submittal. This voluntary community meeting does not cause the FCC shot clock to begin and is intended to give applicants the opportunity to hear from members of the public regarding the proposed project.
Applicants should schedule any voluntary community meetings at times and in locations that are conducive to maximizing public participation. Applicants are encouraged (but not required) to bring any draft applications, plans, maps, presentations or other materials to facilitate the public’s understanding of the applicant’s proposed project. Applicants are also encouraged (but not required) to maintain minutes or a comment log of the community meeting. The City seeks to encourage dialogue that may allow applicants to address areas of concern and
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 10 / 37 may lessen the likelihood of appeals. Community meetings may be conducted before or after submittal. Public notice for a community meeting should be given in the manner described for persons entitled to notice, except that the applicant is responsible for the cost and implementation of noticing.
(g) Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Department within 90 calendar days after the Department deems the application incomplete in a written notice to the applicant. The Director , in the Director’s discretion, may grant a written extension for up to an additional 6 0 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.
Section 8. P
EER AND INDEPENDENT CONSULTANT REVIEW
(a) Authorization. The Director is authorized to , in the Director ’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues in connection with any permit application.
The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include without limitation: ( 1) permit application completeness and/or accuracy; ( 2) compliance with applicable regulations for human exposure to RF emissions; (3) whether and to what extent a proposed project will comply with applicable laws , including but not limited to this policy and its design standards ; (4) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the City ’s discretion to review; and ( 5) any other issue identified by the Director that requires expert or specialized knowledge, which includes, without limitation, any issues related to an exception requested by the applicant pursuant to Section 15. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant.
(b) Cost Reimbursement / Deposit. Subject to applicable laws, if the Director elects to retain an independent consultant in connection with any permit application, then the applicant shall be responsible for the actual and reasonable costs incurred by the City in connection with the servic es provided, which may include, without limitation, actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings related to the permit application and the City’s actual and reasonable costs incurred to administer the independent consultant contract. The applicant shall tender to the City a deposit in an amount equal to the estimated actual and reasonable cost for the services to be provided,
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 11 / 37 as determined by the Director if no deposit amount has been established and paid pursuant to Section 7(b) of this policy . The deposit funds shall be applied to the independent consultant’s invoices as such invoices are approved by the Director.
The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. If the deposit exceeds the total costs for the independent consultant ’s services, then the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection. If the reasonable costs for the independent consultant’s services exceed the deposit, then the Director shall invoice the applicant for the balance. The Director is authorized to develop, publish and from time- to-time, update a standard deposit agreement consistent with this section. The City shall not issue any construction or encroachment perm its to any applicant with any unpaid deposit requests or invoices.
(c) Fire Safety Authority Independent Consultants. In addition, the Fire Safety Authority has the authority to select and retain an independent consultant with expertise and/or specialized training in fire safety and fire hazard mitigation and prevention satisfactory to the Fire Safety Authority in connect ion with any application. The Fire Safety Authority may request independent consultant review on any matter referred or committed to the Fire Safety Authority for review or approval. Subject to applicable law s, in the event that the Fire Safety Authority elects to retain an independent consultant in connection with any application, the applicant shall be responsible for the actual and reasonable costs in connection with the services provided, which may include without limitation any actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings and the Fire Safety Authority’s actual and reasonable costs to administer the independent consultant contract. The same procedures for fee deposits, cost reimbursements and refunds to the applicant as described above in Section 8(b) shall be applicable to independent consultant review required by the Fire Safety Authority.
Section 9. P
UBLIC NOTICE
(a) Mailed Notice. Within 10 calendar days of an application being filed for a personal wireless service facility, the Department shall mail a written notice to all p ersons entitled to n otice. The notice shall include: (1) the project location with a street address (or an approximate street address, if no address exists); (2) the City’s permit application number; (3) a general project description; (4) contact information for the Department so that persons may request additional information or submit comments; and (5) a statement that persons interested in requesting a hearing must file a written request with the Director within 3 0 days of the date the notice was mailed by the City.
(b) Public Hearing Notices. At least 10 calendar days before any public hearing in connection with an application for a wireless facility, the Department shall: (1) mail
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 12 / 37 notice to the applicant , the requesting party or appellant, and persons entitled to notice; and (2) publish notice in at least one newspaper of general circulation within the City or post notice in at least three public places in the City including one public place in the area directly affected by the proceeding. The public hearing notice shall include the project location, a general project description, and the date, time and location for the public hearing. Failure to mail notices shall not invalidate the proceedings.
Section 10. APPROVALS; DENIALS; APPEALS
(a) Initial Administrative Decision. The Zoning Administrator may approve, conditionally approve, or deny a complete and duly filed Wireless Facility Permit application administratively if no request for a hearing is timely filed , or at an administrative hearing if a timely request for a hearing is timely filed. If the Zoning Administrator refers an application for a Wireless Facility Permit to the Planning Commission, the Planning Commission may approve, conditionally approve , or deny a complete and duly filed Wireless Facility Permit application at a p ublic hearing.
(b) Required Findings for Approval. The approval authority may approve wireless communication facility applications only when the approval authority makes all the following findings:
(1) the proposed wireless facility is in a preferred location as defined in this policy; or the proposed wireless facility is in a discouraged location as defined in this policy and the applicant has demonstrated through a meaningful comparative analysis that no more preferred location would be technically feasible and potentially available;
(2) the proposed wireless facility is on a preferred support structure as defined in this policy ; or the proposed wireless facility is on a discouraged support structure as defined in this policy and the applicant has demonstrated through a meaningful comparative analysis that no more preferred support structure would be technically feasible and potentially available;
(3) the proposed wireless facility complies with all applicable development standards in this policy , the Municipal Code and any other applicable regulations;
(4) the applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions and will not, either individually or cumulatively with other transmitters in the vicinity, result in RF exposures that exceed the FCC’s maximum permissible exposure level for the general population;
(5) all public notices required for the application have been given; and
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 13 / 37
(6) any required California Environmental Quality Act findings have been made.
(c) Conditional Approvals; Denials without Prejudice . Subject to any applicable federal or state laws, nothing in this policy is intended to limit the approval authority’s (or the appellate authority’s) ability to conditionally approve or deny without prejudice any permit application governed under this policy as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, this policy or the Municipal Code.
(d) Decision Notice s. Within five calendar days after the approval authority (the Zoning Administrator or Planning Commission) acts on an application or before the shot clock expires (whichever occurs first), the Department shall provide a written notice to the applicant and notify the City Council about such decision. If the approval authority (or appellate authority) denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the denial.
(e) City Council Call for Review. Within 10 calendar days after the approval authority approves or denies any application under this policy, any member of the City Council may advise the City Clerk in writing that the member wants the appellate authority to review the approval authority’s decision provided that: (1) t he provisions of this section shall control over those in Section18.144.010 (City council review) of the Municipal Code; (2) the City Clerk shall schedule the review at a public hearing of the appellate authority; (3) the appellate authority shall hear reviews de novo; (4) the City Clerk shall provide notice of the review hearing pursuant to Section 9(b) . The City shall provide a written notice to the applicant about such decision. If the appellate authority denies the application after review (whether by affirmation or reversal), the written notice to the applicant must contain the reasons for the denial. The appellate authority’s decision shall be final and not subject to any further City appeals or petitions for reconsideration.
(f) Appeals. Within 10 calendar days after the approval authority approves or denies any application under this policy, any interested person may file an appeal to the City Council for cause provided that : (1) the appeal provisions in this policy shall control over those in Chapter 18.144 (Appeals) of the Municipal Code; (2) an appeal must be timely and duly filed with the City Clerk on a form provided by the City Clerk, or if no such form is available, in a writing that states in plain terms the grounds for appeal and the facts that support those grounds; (3) appeals from an approval shall not be permitted when based on reasons otherwise compliant under this policy, including appeals based on the environmental effects from RF emissions that are compliant with applicable FCC regulations and guidelines ; (4) the City Council shall hear appeals de novo; and (5) the City Clerk shall provide notice of the appeal hearing pursuant to Section 9(b) . The City shall provide a written notice to the applicant about such decision . If the City Council denies the
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 14 / 37 application after review (whether by affirmation or reversal) , the written notice to the applicant must contain the reasons for the denial . The City Council’s decision shall be final and not subject to any further City appeals or petitions for reconsideration.
Section 11. L
OCATION STANDARDS
(a) Preface. This section set s out criteria to determine the preferred location and support structure for wireless facilities. The City considers the most preferred location and support structure to be the least intrusive means for an applicant to provide its services to the public. Subsection (b)(1) describes general plan areas and land use designations where wireless facilities are generally most preferred.
Subsection (b)(2) provides specific locations where wireless facilities are discouraged. It is possible for a proposed facility to be simultaneously in a “preferred” and “discouraged” location, for example, a facility within a commercial district that is also within 100 feet of a residential dwelling unit. In such cases, the location shall be deemed a “discouraged” location.
(b) Locations. To assist applicants, staff , and the approval authority to understand and respond to the community’s aesthetic preferences and values, this subsection (b) describes preferred and discouraged locations for wireless facilities.
(1) Preferred Locations. All applicants must, to the extent technically feasible and potentially available, propose new wireless facilities in a preferred location.
When a parcel is zoned P lanned Unit Development (“PUD”), the land use designations listed under the particular PUD will apply , or if no land use designations as stated in the General Plan Land Use Map are listed, or the land use designations listed invoke multiple types of land use designations ( e.g., high density residential/commercial), staff may apply development standards appropriate for the parcel.
The following locations are all considered “preferred locations” and are ranked in order of most preferred to least preferred. Applicants must propose new facilities on parcels with the most preferred land use designation whenever technically feasible and potentially available. Applications must include a written justification as part of their application submittal, supported by factual and verifiable evidence, that demonstrates no location with a more preferred land use designation is technically feasible and available. Alternatively, an applicant can propos e a facility in a less preferred location (without showing feasibility and availability) if the facility is stealth with concealment elements pursuant to Section 12:
(A) parcels within a land use designation of industrial; (B) parcels within a land use designation of commercial; (C) parcels within a land use designation of office;
(D) parcels within a land use designation of mixed use;
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 15 / 37 (E) parcels within a land use designation of agriculture; (F) parcels within a land use designation of public and institutional; (G) parcels that are designated as public park or parkland in the City’s Parks and Recreation Master Plan;
(H) parcels with an existing City -owned water tank facility or parcels adjacent to a City-owned water tank facility;
(I) parcels with an existing school;
(J) parcels with an existing religious institution;
(K) any location within the Downtown Specific Plan Area where the wireless facility is stealth with concealment elements pursuant to Section 12 and is an installation on a rooftop or is architecturally integrated into an existing building;
(L) parcels that have no underlying zoning, ( e.g., portions of the Iron Horse Trail), and that are adjacent to any of the land use designations identified above.
(2) Discouraged Locations. When no preferred location is technically feasible and potentially available, the applicant may propose a wireless facility in a discouraged location pursuant to an exception under Section 15, including a written justification supported by factual and verifiable evidence, demonstrating that no preferred location is technically feasible and potentially available. If a wireless facility must be placed in a discouraged location, the applicant shall use the least -discouraged location that is technically feasibl e and potentially available. The following locations are discouraged, and ordered from least discouraged to most discouraged:
(A) any location where the wireless facility is not stealth with concealment elements pursuant to Section 12 and is within 500 feet of an existing tower or other freestanding wireless facility;
(B) any location where the wireless facility is not stealth with concealment elements pursuant to Section 12 and is visible from the I -580 or I-680 freeways, or is located within 200 feet of an historic resource; (C) any location within the Downtown Specific Plan Area where the wireless facility is not stealth with concealment elements pursuant to Section 12, or is an installation on a tower or other freestanding wireless facility or an existing non-building structure ( e.g., electric transmission tower, flagpole, commercial pole sign, etc.), even if stealth with concealment elements; (D) parcels with a land use designation of residential or parcels within a PUD with residential land use designations or development standards substantially similar to the residential land use designations; (E) any location where the wireless facility would be within 100 feet from a residential dwelling unit (but not accessory structures, detached garages, sheds, pool houses, etc.).
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 16 / 37 (c) Support Structures. All applicants must, to the extent technically feasible and potentially available, propose new facilities on a preferred support structure. This subsection (c) generally describes preferred and discouraged support structures , further subject to specific support structure criteria, if any, specified in Section 11(b). The approval authority shall consider whether any more preferred support structure would be technically feasible and potentially available. The approval authority may require the applicant to use a more preferred support structure when the alternative is technically feasible and potentially available.
(1) Preferred Support Structures. The City’s preferences for support structures are as follows, order from most preferred to least preferred:
(A) collocation on an existing structure with existing wireless facilities; (B) installations on a rooftop;
(C) installations on a building facade;
(D) installations on an existing non-building structure (e.g., electric transmission tower, flagpole, commercial pole sign, etc.)
(2) Discouraged Support Structure s. When no preferred support structure is technically feasible and potentially available, the applicant may propose a wireless facility on a discouraged support structure pursuant to an exception under Section 15, including a written justification supported by factual and verifiable evidence, demonstrating that no preferred support structure is technically feasible and potentially available. If a wireless facility must be installed on a discouraged support structure, the applicant shall use the least - discouraged support structure that is technically feasible and potentially available. The following support structures are discouraged, and ordered from least discouraged to most discouraged:
(A) installations on a new freestanding structure outside the public rights -of- way;
(B) installations on an existing pole located within the public rights-of-way; (C) installations on a new or replacement pole within the public rights-of-way; (D) installations on a new freestanding pole within the public rights-of-way;
Section 12. D
ESIGN STANDARDS
(a) General Design Standards. The standards in this subsection (a) shall be applicable to all wireless facilities:
(1) Stealth/Concealment. All wireless facilities must be stealth to the maximum extent feasible with concealment elements, measures and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 17 / 37 (2) Least Visible Equipment. The applicant must use the smallest and least visible antennas and accessory equipment possible to accomplish the service objectives.
(3) Overall Height. All wireless facilities must be compliant with maximum overall height limits applicable to structures on the underlying parcel; provided, however, that facilities that are stealth with concealment elements pursuant to this Section 12 may exceed the applicable height limit by not more than 10 feet.
(4) Equipment Mounting Height. The bottom of any antenna or accessory equipment must be mounted at least 15 feet above grade unless topography conditions warrant a different minimum height.
(5) Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, non-reflective hues that match the underlying support structure or blend with the surrounding environment , minimizing visibility to the greatest extent feasible. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials or sealant. All finishes shall be subject to the approval authority’s prior approval.
(6) Setbacks. All wireless facilities must be compliant with all setback requirements applicable to structures on the underlying parcel. Additionally, all towers and other freestanding wireless facilities must be setback from adjacent public rights-of-way to the greatest extent technically feasible.
(7) Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in the Municipal Code, including Chapter 9.04 (Noise Regulations) of the Municipal Code. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
(8) Lights. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC or other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Light beacons and lightning arresters shall not be included in the design of the wireless facility unless the applicant demonstrates the same are required by applicable laws or regulations for health and safety purposes, or by the Federal Aviation Administration. Any light beacons or lightning arresters shall be included in the overall height calculation.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 18 / 37 (9) Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) within any tree drip line. All wireless facilities proposed to be placed in a landscaped area should include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The approval authority may require additional landscape or hardscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this policy . All plants proposed or required must be native and/or drought -resistant and consistent with any landscaping requirements for the underlying zone and are further subject to approval by the approval authority.
(10) Signage; Decals; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a 24 hour s-per-day, seven day-per- week, toll-free telephone number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage, decals or advertisements unless expressly approved by the approval authority, required by law or recommended under FCC or other governmental agencies for compliance with RF emissions regulations.
(11) Security Measures. To prevent unauthorized access, theft , vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as locks, fences, walls , removable climbing pegs and anti - climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth techniques, and the approval authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited.
Cabinets and equipment shelters must be kept secured to prevent unauthorized access.
(12) Fire Safety. All wireless facilities shall include (A) a power shut off immediately accessible to fire service personnel, through a Knox box or similar rapid-access system approved by the Fire Safety Authority, upon arrival at the scene of a fire and/or anticipated power surge due to power being turned off or on for any reason; (B) surge protection devices capable of mitigating a direct or partial direct lightning discharge; ( C) surge protection devices capable of mitigating significant electrical disturbances that may enter the wireless facility via conductive cables; ( D) at least one- hour fire resistant interior surfaces to be used in the composition of all structures; and ( E) monitored automatic fire notification and suppression systems for all wireless facilities as approved by the applicable Fire Safety Authority.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 19 / 37 (13) Secondary Power Sources. The approval authority may approve secondary or backup power sources and/or generators on a case- by-case basis. No permanent diesel generators or other similarly noisy or noxious generators in or within 25 0 feet from any residence are permitted absent a showing of extraordinary need; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
(14) Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, existing parking and access should be used for ingress and egress from new wireless facilities rather than constructing new parking or access improvements to access the wireless facility. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use and comply with applicable safety codes.
(15) Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. To the extent feasible, undergrounded ca bles and wires must transition directly into the pole base without any external doghouse or similar enclosure. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. No new overhead utility lines or service drops are permitted merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and non-stealth antenna.
(16) Future Expansion. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and other expansions that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The approval authority may waive this requirement when the approval authority determines future expansions at a proposed wireless facility would be aest hetically undesirable.
(17) Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional , and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, the general plan and any applicable specific plan, the Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 20 / 37 (18) Licensed Engineer. All construction plans, specifications, and reports concerning the requirements of this Section 12 must be prepared and sealed by a California licensed civil, structural, or geotechnical engineer, as applicable.
(b) Towers and Freestanding Wireless Facilities. In addition to all other design requirements in this policy, the following provisions shall be applied to an application for a tower or other freestanding wireless facility:
(1) Quantity. No more than one tower or other freestanding wireless facility shall be permitted on any one parcel unless the proposed tower or other freestanding wireless facility is stealth with concealment elements pursuant to this Section
12. (2) Placement. Towers or other freestanding wireless facilities shall be located near existing structures or trees at similar heights for screening purposes wherever feasible, but not be located between the face of a building and a public right-of-way or park.
(3) Height Limitation. All towers and freestyle wireless facilities shall be designed at the lowest possible height necessary to achieve the applicant’s service objectives with the slimmest profile possible for structural support. All towers and other freestanding wireless facilities shall not exceed the heigh limit for structures in the applicable zoning district. The height of a tower or freestanding wireless facility shall be measured from the natural undisturbed ground surface below the center of the base of the tower or freestanding wireless facility itself to the top of the pole or other support structure, highest antenna, piece of accessory equipment or stealth element, whichever is highest.
(4) Fall Zone. All towers and freestanding wireless facilities must be setback from habitable structures approved for residential occupancy by a distance equal to one horizontal foot for every foot of the tower height, or the distance from the highest engineered break point to the top of the tower. The approval authority may waive the setback requirement for freestanding towers that meet Class 3 structural standards for critical infrastructure as defined in the most current revision of the ANSI/TIA -222 Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine Support Structures.
(5) Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount non- antenna, tower -mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat/neutral colors subject to the approval authority’s prior approval.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 21 / 37 (6) Ground-Mounted Equipment. All ground-mounted equipment must either be concealed underground in an environmentally controlled vault , or concealed within an existing or new structure, or other enclosure(s) subject to the approval authority’s prior approval. The approval authority may require additional stealth elements as the approval authority finds necessary or appropriate to blend the ground-mounted equipment , enclosure and/or other improvements into the natural and/or built environment.
(c) Building-Mounted Wireless Facilities. In addition to all other design requirements in this policy, the following provisions shall be applied to an application for a wireless facility installed on a building rooftop or facade:
(1) Height Limitations. Building -mounted wireless facilities shall not exceed the height limit for structures in the applicable zoning district . Notwithstanding the prior sentence, antennas mounted flush on the fac ade of an existing building that exceeds the height limit for structures in the applicable zoning district may have a height equal to the height of the building. All equipment mounted on rooftops shall be as low as possible to avoid visibility from publicly accessible areas around the building.
(2) Architectural Integration. To the extent feasible, new non- tower wireless facilities shall be stealth, 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). W hen integration with existing building features is not feasible, t he facilities shall be stealth, completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks).
Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible.
(3) Rooftop Wireless Facilities. All rooftop -mounted equipment must be screened from public view , including from higher elevations, with stealth techniques and concealment measures that match the underlying structure in proportion, location on the rooftop, quality, architectural style and finish to the maximum extent practicable. All roof-mounted equipment and cabinets must be set back a minimum of 10 feet from the edge of the roof, or less, if not visible at ground level and the stealth techniques and concealment measures meet the requirements of this section.
(4) Facade-Mounted Wireless Facilities. When wireless facilities 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 (4) . All facade -mounted equipment must be stealth and
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 22 / 37 concealed behind screen walls and mounted as flush to the facade as practicable. No “pop-out” screen boxes are permitted unless the design is architecturally consistent with the original building or support structure.
Exposed facade- mounted antennas, including but not limited to exposed antennas painted to match the fa cade, are prohibited. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible. Facade-mounted antennas and their related equipment shall not extend over public rights -of- way.
(d) Historic Resources. Nothing in this policy shall be construed or applied to limit the City’s authority to enforce other laws or regulations intended to protect or preserve historic resources. Any wireless facility that adversely impacts any historic resource shall not be approved without an except ion pursuant to Section
15. (e) Administrative Design Guidelines. The Director may develop, and from time to time amend, design guidelines consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this policy for City staff, applicants and the public. The design guidelines shall provide more detailed standards to implement the general principals articulated in this section and may include specific standards for particular wireless facilities or site locations, but shall not unreasonably discriminate between functionally equivalent service providers. If a conflict arises between the development standards specified in this policy and the design guidelines adopted under this section , the development standards specified in this policy shall control.
Section 13. S
TANDARD CONDITIONS FOR APPROVED PERMITS
(a) Standard Conditions. Except as may be authorized in subsection (b), all permits issued under this policy or deemed granted or deemed approved by the operation of law shall be automatically subject to the conditions in this subsection (a) and these conditions shall be deemed to be incorporated by reference into such permits:
(1) Permit Term; Approval Applies to Land. This permit will automatically expire 10 years and one day from its issuance unless the City establishes a shorter term for public safety or substantial land use reasons pursuant to California Government Code § 65964(b) . Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed- approved under federal or state la w, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. This permit shall run with the land and shall be valid for the term specified in these conditions of approval.
No change in ownership of the wireless facility, the site, or the subject property
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 23 / 37 shall affect the permit term. This permit may not be transferred to another site or property.
(2) Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject wireless facility has complied with all the conditions of approval associated with this permit and will comply with all applicable provisions in this policy and the Municipal Code that exist at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this policy, the Municipal Code or other applicable law s. Upon renewal, this permit will automatically expire 10 years and one day from its issuance.
(3) City’s Standing Reserved. The City’s grant or grant by operation of law of a permit pursuant to this policy does not waive, and shall not be construed to waive, any standing by the City to challenge any (A) provision in federal or state law or any interpretation thereof or (B) permit issued pursuant to this policy.
(4) Compliance with Approved Plans. Before the permittee submits any applications to the building official required to commence construction in connection with this permit , the permittee must incorporate this permit, all conditions associated with this permit , any approved photo simulations, and any approved RF emissions report into the project plans (the “ Approved Plans”). The permittee must construct, install and operate the wireless facility in strict compliance, as determined by the approval authority, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director ’s prior review and approval . After the Director receives a written request to approve an alteration, modification or other change to the Approved Plans, the Director may refer the request to the original approval authority if the Director finds that it substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.
(5) CPUC GO-159A Certification. Within 15 business days after the City’s grant of this permit or any permit is deemed granted or deemed approved by the operation of law, the permittee shall serve copies of California Public Utility Commission notification letters required by CPUC General Order No. 159A to the City Clerk, Director and City Manager.
(6) Build-Out Period. This permit will automatically expire 12 months from the approval date or deemed granted or deemed approved date (the “ Build-Out Period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 24 / 37 structure or the wireless facility and/or its use. The permittee may request in writing, and the Director may grant in writing, one 12-month extension to the Build-Out Period if the permittee submits, at least 30 days prior to the automatic expiration date in this condition, substantial and reliable written evidence demonstrating justifiable cause for the 12-month extension submitted. If the Build-Out Period (and any extension) finally expire s, this permit shall be automatically void but the permittee may r esubmit a complete application, which includes without limitation all application fees, for the same or a substantially similar project.
(7) Pre-Installation Requirements. In addition to obtaining all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with j urisdiction over the subject property, the wireless facility or its use, the permittee shall, prior to commencement of any installation or construction, attend a pre- grading meeting with the Public Works Department regarding temporary Best Management Practices (“ BMPs”) pertaining to discharges from the construction site. Before the permittee can proceed with installation or construction of the approved wireless facility, the Public Works Department must inspect and approve the permittee’s installation of such temporary BMPs.
(8) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations at the wireless facility, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the wireless facility has been installed and/or constructed in strict compliance with the Approved Plans . Such documentation shall include, without limitation, electronic as-built drawings prepared by a California licensed civil engineer , GIS data , site photographs , and an affirmation, signed by a California licensed RF engineer , that the installation as constructed and operated complies with the RF emissions report and any mitigation measures therein made part of the Approved Plans, as well as all applicable FCC rules and regulations for human exposure to RF emissions and will not cause members of the general public to be exposed to RF levels that exceed the maximum permission exposure levels deemed safe by the FCC . In a written notice to the permittee, the Director may (but shall not have the obligation to) certify that the wireless facility complies with the Approved Plans or order the permittee to correct any noncompliance.
(9) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, hardscape and landscape features, in a neat, clean, safe and code compliant condition in accordance with the Approved Plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee shall regularly inspect the site to determine whether any maintenance is needed. The permittee shall perform any
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 25 / 37 maintenance requested by the City for compliance with this condition within a reasonable time specified by the Director in a written notice to the permittee.
Routine maintenance within residential zones shall be restricted to the City’s normal construction work hours specified in the Municipal Code. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 24 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
(10) Landscape Features. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. 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. Any replacement tree must be substantially the same size as the damaged tr ee or as otherwise approved by the City. The permittee shall, at all times, be responsible to maintain any replacement landscape features.
(11) Future Collocations. The permittee shall be willing to allow other carriers and site operators to collocate transmission equipment with the wireless facility, to the extent such facility or portions thereof are owned or controlled by the permittee, whenever technically feasible and aesthetically desirable in accordance with applicable provisions in this policy.
(12) Compliance with Applicable Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions and any standards, specifications or other requirements identified by the Director (such as, without limitation, those requirements affixed to an encroachment permit). If the Director finds good cause to believe that the wireless facility is not in compliance with any Laws applicable to human exposure to RF emissions, the Director may (A) require the permittee to submit a written report certified by a qualified radio frequency engineer familiar with the wireless facility that certifies that the wireless facility is in compliance with all such Laws ; or (B) require that a field test to measure the RF exposure levels be conducted by an independent consultant. Any field measurement tests conducted by the City or its independent consultant shall be at random times without prior notice to the permittee or site operator. The Director shall require an onsite compliance test in situations where applicable Laws would authorize the City to require such testing at the permitt ee’s expense. The Director may order the wireless facility to be immediately powered down if, based on objective evidence, the Director finds that the wireless facility is in fact not in compliance with any Laws applicable, including, without limitation, Laws applicable to human exposure to RF emissions until
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 26 / 37 such time that the permittee demonstrates actual compliance with such Laws .
The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. No failure or omission by the City to timely notice, prompt or promptly enforce compliance with any applicable provision in this policy, the Municipal Code, any permit, any permit condition or any applicable Laws shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with all applicable provisions in this policy, the Municipal Code, any permit, any permit condition or any applicable Laws.
(13) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modificati on, maintenance, repair, removal and/or other activities on or about the site. The permittee 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 the City’s normal construction work hours authorized by the Municipal Code or as may be specified in other permits authorizing such work . 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 an emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. If the Director finds good cause to believe that ambient noise from a wireless facility or related equipment violates applicable provisions in this policy or the Municipal Code, the Director, in addition to any other actions or remedies authorized by the permit, this policy, the Municipal Code or other applicable Laws, may require the permittee to commission a noise study by a qualified profes sional to evaluate the wireless facility’s compliance. The permittee shall, at its sole cost and expense, repair and restore any and all damages to public and private properties that result from any activities performed in connection with the installation or maintenance of a wireless facility. The permittee sh all restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. If the permittee fails to complete such repair within the number of days stated on a written notice by the Director, the City may (but shall not have the obligation to) cause such repair to be completed at permittee’s sole cost and expense.
(14) Annual Affirmation of Radio Frequency Standards Compliance . On or before January 30th in each calendar year, the permittee acknowledges and agrees that the permittee shall submit: (A) an affirmation, signed by a California licensed RF engineer familiar with the then- current equipment deployed and
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 27 / 37 operated at the wireless facility under penalty of perjury, that the installation is operated in compliance with 47 U.S.C. § 324; ( B) an affirmation, signed by a California licensed RF engineer familiar with the then- current equipment deployed and operated at the wireless facility under penalty of perjury, that the installation complies with all applicable FCC rules and regulations for human exposure to RF emissions and will not cause members of the general public to be exposed to RF levels that exceed the maximum permission exposure levels deemed safe by the FCC; and (C) a copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A ” titled “Optional Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the wireless facility. All radio frequency emissions on all frequency bands must be shown on the Appendix A form( s). All radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power.”
(15) Interference with City Communications Systems. The permittee shall not permit the wireless facility authorized under this permit to interfere with any City communication systems. In the event that the wireless facility is causing interference with any City communication systems, the Director may order the wireless facility to be shut down and powered off until such time as the immediate interference has been mitigated at the permittee’s sole cost and expense. If , after a good faith effort is made to notify the permittee without success, the City may shut down the facility . Any costs incurred by the City shall be at the permittee’s sole cost and expense.
(16) Inspections; Emergencies. The City’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the wireless facility and related equipment and/or improvements 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 permittee, if present, may observe the City’s officers, officials, staff, agents, contractors or other designees while any such inspection or emergency access occurs.
(17) Safety Hazard Protocol. If the Fire Safety Authority finds good cause to believe that the wireless facility presents a n immediate fire risk, electrical hazard or other threat to public health and safety in violation of any applicable Laws, the Fire Safety Authority may order the wireless facility to be shut down and powered off until such time as the immediate threat has been mitigated , after a good faith effort is made to notify the permittee, if feasible . Any mitigations required shall be at the permittee’s sole cost and expense.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 28 / 37
(18) Abandonment. The permittee shall notify the Director when the permittee intends to abandon or decommission the wireless facility authorized under this permit. In addition, the wireless facility authorized under this permit shall be deemed abandoned if the wireless facility has not operated for any continuous six-month period and the permittee fails to resume operations within 90 days from a written notice from the Director . Within 90 days after a wireless facility is abandoned or deemed abandoned, the permi ttee, property owner and/or structure owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable Laws, which includes without limitation this policy and the Municipal Code. The permittee, property owner and/or structure owner may request an extension up to 180 days to complete restoration after the wireless facility is abandoned or deemed abandoned, which the Director may grant if the permittee, property owner or structure owner presents evidence of good cause for the extension. If neither the permittee, the property owner nor the structure owner complies with the removal and restoration obligations under this condition within the required period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee, property owner and structure owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.
(19) Permittee’s Contact Information. Prior to final inspection and at all times relevant to this permit , the permittee shall keep on file with the Director basic contact and site information. This information shall include, but is not limited to, the following:
(A) the name, physical address, notice address (if different from physical address), direct telephone number and email address for ( i) the permittee and, if different from the permittee, the ( ii) property owner, ( iii) structure owner, (iv) site operator, ( v) equipment owner, ( vi) site manager and ( vii) agent for service of process;
(B) the regulatory authorizations held by the permittee and, to the extent applicable, property owner, structure owner, site operator, equipment owner and site manager as may be necessary for the wireless facility’s continued operation;
(C) the wireless facility’s site identification number and/or name used by the permittee and, to the extent applicable, property owner, structure owner, site operator, equipment owner and site manager; and
(D) a toll -free telephone number to the wireless facility’s network operations center where a live person with power-down control over the wireless facility is available 24 hours-per-day, seven days-per-week.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 29 / 37
If the entity for the permittee, property owner, structure owner, site operator, equipment owner, site manager, or agent for service of process changes, the permittee shall furnish the City with updated information within ten business days.
Additionally, the permittee must update the signage at the wireless facility to accurately identify the equipment owner/operator, the owner/operator’s site name or identification number and the 24 hours-per-day, seven day-per-week, toll-free telephone number to the owner/operator’s network operations center whenever such information about the same changes.
(20) Indemnification. The permittee and, if applicable, the owners of the property and the structure upon which the wireless facility is installed (other than the City), shall defend, indemnify and hold harmless the City , its officers, officials, employees and volunteers (collectively, the “City Indemnitees”) from any and all (A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“Claims”) brought against the City or any City Indemnitees to challenge, attack, seek to modify, set aside, void or annul this permit, the City’s approval of this permit or the grant of this permit by the operation of law , and (B) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ , or customers’ acts or omissions in connection with this permit, the City’s approval of this permit, the grant of this permit by the operation of law or the wireless facility. If the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the owners of the property and the structure (if applicable) and shall reasonably cooperate in the defense. The permittee, property owner and structure owner expressly acknowledge and agree that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City ’s defense, and the permittee, property owner and/or structure owner shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee, property owner and structure owner expressly acknowledge and agree that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this permit.
(21) Insurance.
(A) Policies and Limits. The permittee shall obtain and maintain insurance policies as follows:
(i) Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering Commercial General Liability (“CGL”) on an
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 30 / 37 “occurrence” basis, with limits not less than $ 2,000,000 per occurrence or $4,000,000 in the aggregate. If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location.
CGL insurance must include coverage for the following: Bodily Injury and Property Damage; Personal Injury/Advertis ing Injury;
Premises/Operations Liability; Products/Completed Operations Liability; Aggregate Limits that Apply per Project; Explosion, Collapse and Underground (“UCX”) exclusion deleted; Contractual Liability with respect to the permit; Broad Form Propert y Damage; and Independent Consultants Coverage. The policy shall contain no endorsements or provisions limiting coverage for (i) contractual liability; (ii) cross liability exclusion for claims or suits by one insured against another; (iii) products/completed operations liability; or (iv) contain any other exclusion contrary to the conditions in this permit.
(ii) Automotive Insurance. Insurance Services Office Form Number CA 00 01 covering, Code 1 (any auto), or if permittee has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation Insurance. The permittee shall certify that it is aware of the provisions of California Labor Code § 3700, which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and further certifies that the permittee will comply with such provisions before commencing work under this permit.
To the extent the permittee has employees at any time during the term of this permit, at all times during the performance of the work under this permit the permittee shall maintain insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) Professional Liability Insurance. The permittee shall maintain Professional Liability (Errors and Omissions) Insurance appropriate to the permittee’s profession, with limit no less than $1,000,000 per occurrence or claim. This insurance shall be endorsed to include contractual liability applicable to this permit and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the permittee. “Covered Professional Services” as designed in the policy must specifically include work performed under this permit.
(B) Claims-Made Policies. If the permittee maintains any required insurance under a claims -made form, the permittee shall maintain such coverage continuously throughout the permit term and, without lapse, for at least three
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 31 / 37 years after the permit term expires so that any claims that arise after the expiration in connection with events that occurred during the permit term are covered by such claims-made policies.
(C) Umbrella or Excess Liability Policies. If an umbrella or excess liability insurance policy is used to satisfy the minimum requirements for CGL or automotive insurance coverage listed above, the umbrella or excess liability policies shall provide coverage at least as broad as specified for the underlying coverages and covering those insured in the underlying policies.
Coverage shall be “pay on behalf,” with de fense costs payable in addition to policy limits. Permittee shall provide a “follow form” endorsement or schedule of underlying coverage satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
(D) Additional Insured; Separation of Insureds . The relevant CGL and automotive insurance policies shall name the City , its elected/ appointed officials, commission members, officers, representatives, agents, volunteers and employees as additional insureds. The required insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of its protection to the City, its elected/appointed officials, commission members, officers, representatives, agents, volunteers and employees.
(E) Primary Insurance; Waiver of Subrogation. The required insurance shall be primary with respect to any insurance programs covering the City, its elected/appointed officials, commission members, officers, representatives, agents, volunteers and employees. All policies for the required CGL, automotive and workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against the City in connection with any damage or harm covered by such policies.
(F) Term; Cancellation Notice. The permittee shall maintain the required insurance throughout the permit term and shall replace any certificate, policy, or endorsement which will expire prior to that date. The permittee shall use its best efforts to provide 30 calendar days’ prior written notice to the City of the cancellation or material modification of any applicable insurance policy; provided, however, that in no event shall the permittee fail to provide written notice to the City within 10 calendar days after the cancellation or material modification of any applicable insurance policy. The permittee shall promptly take action to prevent cancellation or suspension, reinstate cancelled coverage or obtain coverage from a different qualified insurer.
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 32 / 37 (G) Certificates. Before the City issues any permit, the permittee shall deliver to the Director insurance certificates and endorsements , in a form satisfactory to the Director, that evidence all the coverage required above.
In addition, the permittee shall promptly deliver complete copies of all insurance policies and endorsements upon a written request by the Director.
(H) Insurer Rating. Unless approved in writing by the City, all required insurance shall be placed with insurers authorized to do business in the State of California and with a current A.M. Best rating of at least A-:VIII.
(22) Removal Bond. Before the building official or department issues any permits required to commence construction, installation or other work in connection with this permit , the permittee shall post a bond issued by a surety and in a form acceptable to the City Attorney and the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or other infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable Laws. The bond shall be valid for at least 10 years or the term of this permit (whichever is greater). In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable Laws. The bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. If at any time after construction the Director finds good cause to believe that the bond required in this condition no longer adequately covers the removal and restoration costs, the Director may require by written notice that the permittee provide an updated estimate and increase the bond amount to cover any increased costs.
(23) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the permit application, permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, “Records”). If the permittee does not maintain such R ecords as required in this condition, any ambiguities or uncertainties that would be
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 33 / 37 resolved by inspecting the missing Records will be construed against the permittee. The permittee shall protect all R ecords from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep Records in an electronic format; provided, however, that hard copies or electronic Records kept in the City’s regular files will control over any conflicts between such City-controlled copies or Records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation for the City to create or prepare any Records not otherwise required to be created or prepared by other applicable L aws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable Laws.
(24) Permit Revocation. Any permit granted under this policy or deemed granted or deemed approved by the operation of law may be revoked in accordance with the provisions and procedures in this condition. In addition to other remedies the City may have, the Director may initiate revocation proceedings when the Director has information that the wireless facility may not be in compliance with all applicable Laws, which includes without limitation, any permit in connection with the wireless facility and any associated conditions with such permit(s). A permit granted under this policy or deemed granted or deemed approved by the operation of law may be revoked only by the C ity Council after a duly notice public hearing and opportunity to cure. Before any public hearing to revoke a permit granted under this policy or deemed granted or deemed approved by the operation of law, the Director must issue a written notice to the permittee that specifies (A) the wireless facility; (B) the violation(s) to be corrected; ( C) the timeframe in which the permittee must correct such violation(s); and ( D) that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). The C ity Council may revoke a permit when it finds substantial evidence in the written record to show that the wireless facility is not in compliance with any applicable Laws, which includes without limitation, any permit in connection with the wireless facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
(25) Cost Reimbursement. The permittee acknowledges and agrees that ( A) the permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the City to incur costs and expenses; ( B) the permittee shall be responsible to reimburse the City for all actual and reasonable costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 34 / 37 authorization to construct, install and/or operate the wireless facility; ( C) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs within 10 business days after a written demand for reimbursement and reasonable documentation to support such costs; and ( D) the City shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee.
(26) Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the City in connection with this permit or the wireless facility, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading.
(27) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the City and permittee and their respective successors and assigns.
(28) Severable Conditions. If any provision in these conditions or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: ( A) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; ( B) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (C) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.
(b) Modified Conditions. The approval authority (or appellate authority) may modify, add or remove conditions to any permit on a case-by-case basis as the approval authority (or appellate authority) deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in subsection (a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment needed for compliance with this policy, the Municipal Code, generally applicable health and safety requirements and/or any other applicable Laws.
Section 14. A
MORTIZATION
Any nonconforming wireless facilities in existence at the time this policy becomes effective must be brought into conformance with this policy in accordance with the amortization schedule in this section . As used in this section, the “fair market value” will be the construction costs listed on the building permit or application for the subject
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 35 / 37 wireless facility and the “minimum years” allowed will be measured from the date on which this policy becomes effective.
Fair Market Value
on Effective Date
Minimum Years
Allowed
less than $50,000………………………………….5
$50,000 to $500,000……………………………..10
greater than $500,000…………………………...15
The Director may grant a written extension to a date certain when the wireless facility owner shows ( i) a good faith effort to cure non- conformance; (ii) the application of this section would violate applicable laws; or (iii) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this section.
Nothing in this section is intended to limit any permit term to less than 10 years for any permit granted on or after January 1, 2016. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after January 1, 2016, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the City granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility.
Section 15. S
PECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION
(a) Preface. The provisions in this Section 15 establish a procedure by which the City may grant an exception to the standards in this policy but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in Section 15(b) in addition to the findings required under Section 10( b). Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.
(b) Required Findings. The approval authority shall not grant an y limited exception pursuant to this Section 15 unless the approval authority finds all the following:
(1) the applicant has provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 36 / 37
(2) the applicant has provided the approval authority with a detailed written statement that explains why: (A) a denial based on the application’s noncompliance with a specific provision or requirement would violate federal law, state law or both; or (B) a provision in this policy, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law;
(3) the applicant has provided the approval authority with a written statement that contains a detailed and fact -specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this policy , the Municipal Code , the general plan and/or any specific plan;
(4) the applicant has provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;
(5) the applicant has demonstrated that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area;
(6) the exception requested by the applicant does not compromise or excuse compliance with any fire safety or other public safety standard; and
(7) the exception is narrowly tailored such that any deviation from this policy is only to extent necessary for compliance with federal or state law.
(c) Evidentiary Standard. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this Section 15.
The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for an exception.
(d) Expert Review. Independent expert and/or consultant review , including legal review, will generally be appropriate when considering an exception request, which shall be at the applicant’s cost in the same manner as described in Section 8.
Section 16. V
IOLATIONS
Wireless Telecommunications Facilities Policy (City of Pleasanton) page 37 / 37 Any use or condition caused or permitted to exist in violation of any provision of this policy shall be and hereby is declared a public nuisance and may be subject to: (a) injunctive relief as set forth in Municipal Code Chapter 1.16 (Injunctive Relief) ; (b) administrative citations as set forth in Municipal Code Chapter 1.24 (Administrative Citations) ; (c) administrative remedies as set forth in Municipal Code Chapter 1.28 (Administrative Remedies); (d) abatement pursuant to Municipal Code Chapter 9.28 (Property Maintenance); and (e) any and all applicable processes and procedures pursuant to the Municipal Code, including but not limited to Chapter 18.140 (Penalties) , California Code of Civil Procedure § 731, or any other remedy available to the City.
Sma
ll Wireless Facilities Policy (City of Pleasanton) page 1 / 47 CITY OF PLEASANTON POLICY NO. [RESERVED]
CITY COUNCIL POLICY
Adopted: March 11, 2019
Amended and Restated: April 21, 2026
GENERAL SUBJECT: SMALL WIRELESS FACILITIES
TABLE OF CONTENTS
Sect
ion 1. INTRODUCTION AND BACKGROUND ............................................................... 2 Section 2. PURPOSE AND INTENT ................................................................................. 4 Section 3. DEFINITIONS ............................................................................................... 6 Section 4. APPLICABILITY ............................................................................................ 9 Section 5. REQUIRED PERMITS AND APPROVALS ......................................................... 10 Section 6. ADMINISTRATIVE ORDERS AND REGULATIONS ............................................. 11 Section 7. PERMIT APPLICATIONS .............................................................................. 11 Section 8. PEER AND INDEPENDENT CONSULTANT REVIEW .......................................... 14 Section 9. PUBLIC NOTICE ........................................................................................ 16 Section 10. APPROVALS; DENIALS; APPEALS ................................................................ 16 Section 11. LOCATION STANDARDS .............................................................................. 18 Section 12. DESIGN STANDARDS ................................................................................. 22 Section 13. PREAPPROVED DESIGNS ........................................................................... 29 Section 14. STANDARD CONDITIONS FOR APPROVED PERMITS ...................................... 32 Section 15. SPECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION ....................... 45 Section 16. VIOLATIONS .............................................................................................. 47 ATTACHMENT 2
RESOLUTION EXHIBIT B
Small Wireless Facilities Policy (City of Pleasanton) page 2 / 47 Section 1. INTRODUCTION AND BACKGROUND
Local authority over communications facilities in the public rights -of-way exists at an often-complex intersection between state law, federal law, changes in technologies and public policies. Laws and regulations impact not only whether municipalities may regulate, but how, when and even for what purpose.
These introductory remarks provide a brief background on the legal and technological developments relevant to the City of Pleasanton’s ability to regulate commercial wireless facilities within the public rights-of-way.
California Law
The legislature’s control over the relationship between municipalities and communication providers is as longstanding as the state itself is old. In 1850, the California legislature enacted a law to give telegraph corporations a so- called statewide franchise to use the public rights -of-way in the state to provide their services, so long as the use did not “incommode” the streets for other public uses. The legislature codified this law in 1872 as Civil Code Section 536 and then recodified it in 1951 as Publi c Utilities Code Section 7901. The current version applies to “telephone corporations” and includes personal wireless service providers.
1 Section 7901 prohibits local franchises for telephone corporations but does not completely displace all other police powers held by municipalities in California. 2 For
example, municipalities retain traditional zoning authority to regulate placement and aesthetics to ensure that communications infrastructure does not incommode the public rights-of-way.
3 In addition, Public Utilities Code Section 7901.1, a sister statute to Section 7901, bolsters local authority to regulate the time, place manner in which communications providers perform construction, maintenance and other operations within the public rights- of-way.
4 Overall, California state law strikes a balance between the state-wide interest in a broadly available communications network and the local interest in well -planned development.
Local governments cannot flatly refuse to approve deployments , but providers cannot build whatever they want wherever they want. These state laws must be reconciled with federal laws that affect local authority over communication facilities in the public rights-of- way.
1 CAL. PUB. UTILS. CODE § 7901; Huntington Beach v. CPUC, 154 Cal. Rptr. 3d 241, 257 (Ct. App. 2013); GTE Mobilnet of Cal. Ltd. v. San Francisco, 440 F. Supp. 2d 1097, 1103 (N.D. Cal. 2006). 2 See T-Mobile West LLC v. City & County of San Francisco, 438 P.3d 239, 249 (Cal. 2019) 3 See id. at 244–45.
4 CAL. PUB. UTILS. CODE § 7901.1; see also San Francisco, 438 P.3d at 250.
Small Wireless Facilities Policy (City of Pleasanton) page 3 / 47 Federal Law
In 1996, Congress adopted the Telecommunications Act5 to balance the national interest in advanced communications services and infrastructure with legitimate local government authority to enforce zoning and other regulations to manage infrastructure deployments on private property and in the public rights -of-way. Under Section 704, which applies to personal wireless service facilities, local governments retain all their traditional zoning authority subject to specifically enumerated limitations. 6 Section 253 preempts local regulations that prohibit or effectively prohibit telecommunication services ( i.e., common carrier services) except competitively neutral and nondiscriminatory regulations to manage the public rights-of-way and require fair and reasonable compensation.7
Small Wireless Facilities and Changes in Federal Law
Communication technologies have significantly changed since 1996. Whereas cell sites were traditionally deployed on tall towers and rooftops over low frequency bands that travel long distances, cell sites are increasingly installed on streetlights and util ity infrastructure on new frequency bands that travel shorter distances. According to the Federal Communications Commission (“FCC”) and the wireless industry, these so-called “small wireless facilities” or “small cells” are essential to the next technological evolution.
The industry currently estimates that each national carrier will need to deploy between 30 and 60 small cells, connected by approximately 8 miles of fiber optic cable, per square mile.
FCC regulations seek to promote these new technologies by preempting state and local authority the FCC views as an impediment to deployment. On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Small Cell Order”), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17- 79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17 -84. In general, the Small Cell Order: (1) restricted the fees and other compensation state and local governments may receive from applicants; (2) required all aesthetic regulations to be reasonable, no more burdensome than those applied to other infrastructure deployments, objective and published in advance; (3) mandate d that local officials negotiate access agreements, review permit applications and conduct any appeals within significantly shorter timeframes; and (4) created new evidentiary presumptions that make it more difficult for local governments to defend themselves if an action or failure to act is challenged in court.
5 Pub. L. No. 104-104, 110 Stat. 56 (1996).
6 47 U.S.C. § 332(c)(7)(A); T-Mobile S., LLC v. City of Roswell, 574 U.S. 293, 300 (2015). These limitations include substantive restrictions on municipal authority to prohibit or effectively prohibit services, unreasonably discriminate among functionally equivalent service providers and regulate based on environmental effects from radiofrequency (“RF”) emissions that meet federal exposure standards. 47 U.S.C. §§ 332(c)(7)(B)(i), (iv). Section 704 also imposes procedural requirements that require local officials to act on applications within a reasonable time and issue written decisions supported by substantial evidence. Id. §§ 332(c)(7)(B)(ii)–(iii).
7 47 U.S.C. §§ 253(a), (c).
Small Wireless Facilities Policy (City of Pleasanton) page 4 / 47 This controversial order significantly curtailed state and local authority over wireless and wireline communication facilities reserved to them in the Telecommunications Act.
Municipalities, large and small, urban and rural, from all over the United States challenged the Small Cell Order in federal court. On August 12, 2020, the United States Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other restrictions. Portland v. United States , 969 F.3d 1020 (9th Cir. 2020). The court specifically invalidated the requirements that aesthetic regulations be objective and no more burdensome than those applied to other infrastructure deployments. See id. at 1039 –42. Although municipalities may exercise reasonable discretion over small wireless facilities, they must do so on an expedited basis to meet the short shot clock limits. Municipalities sought review by the United States Supreme Court on the Ninth Circuit’s decision to uphold the FCC’s fee restrictions, but the Supreme Court denied that petition. See Order Denying Petition for Certiorari, Sprint Corp. v. FCC, No. 20 -1354 (June 28, 2021). Thus, the Small Cell Order, as modified by the Ninth Circuit’s partial invalidation, is final with no further pending judicial review.
Small Wireless Facilities and Changes in State Law
On October 8, 2023, Governor Gavin Newsom signed into law Assembly Bill 965 which added Section 65964.3 to the Government Code to require local agencies to undertake batch broadband permit processing of two or more broadband permit applications for substantially similar broadband project sites under a single permit . The definition of “broadband project” under the statute is broad enough to include small wireless facilities.
The statute also extends the existing state law “deemed approved” remedy in Government Code Section 65964.1 if a city or county fails to approve or disapprove a broadband permit application within a reasonable period of time specified in applicable law subject to certain requirements and limitations.
Pleasanton’s Small Cell Wireless Policy
On March 11, 2019, the Pleasanton City Council adopted an initial small wireless facilities policy.
On April 21, 2026, and pursuant to Section 18.110.040 of the Municipal Code, the City Council adopted this amended and restated policy to update and conform the City’s permit process for small wireless facilities with applicable law.
Section 2. P
URPOSE AND INTENT
(a) The City intends this policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s public rights -of-way, consistent with and to the extent permitted under federal and California state law.
Small Wireless Facilities Policy (City of Pleasanton) page 5 / 47 (b) The standards and procedures contained in this policy are intended to, and should be applied, consistent with federal and state law, to protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City ’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community.
(c) This policy is also intended to reflect and promote the community interest by (1) ensuring that an appropriate balance between public and private interests are maintained; (2) protecting the City’s visual character and property values from potential adverse impacts and/or visual blight created and/or exacerbated by small wireless facilities and related communications infrastructure; (3) protecting and preserving the City’s environmental resources; (4) protecting and preserving the City’s public rights -of-way and municipal infrastructure located within the City ’s public rights-of-way; (5) protecting the City’s residential neighborhoods and other family-oriented environments, and ( 6) ensuring appropriate placement of high- quality, advanced wireless services for the City ’s residents, businesses and visitors.
(d) This policy is intended to establish clear procedures for application intake and completeness review. The City Council finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for infrastructure in the same or substantially the same location. Chronically incomplete applications also unfairly prejudic e the City ’s ability to act on such applications within the “presumptively reasonable” timeframes established by the FCC. The provisions in this policy afford applicants and City staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this policy also encourage applicants to timely respond to incomplete notices.
(e) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to violate any applicable federal or California state law.
Small Wireless Facilities Policy (City of Pleasanton) page 6 / 47
Section 3. DEFINITIONS
The abbreviation, phrases, terms and words used in this policy will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 1 U.S.C. § 1, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings.
The definitions in this policy shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Municipal Code.
However, if any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded.
(a) “accessory equipment ” means equipment other than antennas used in connection with a small wireless facility. The term includes “transmission equipment” as defined by the FCC in 47 C.F.R. § 1.6100(b)(8).
(b) “amateur station” means the same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as “a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.” This term includes amateur radio antennas and related facilities used for amateur radio services.
(c) “antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b).
(d) “appellate authority ” means the City official or appointed/elected body responsible for review of approval authority decisions and vested with authority to consider and decide appeals. For appeals from the approval authority, the appellate authority shall be the City Manager or their designee.
(e) “approval authority ” means the City official or appointed/elected body responsible for application review and vested with authority to approve, conditionally approve or deny such applications as provided in this policy . The approval authority for applications in connection with small wireless facilities shall be the Director or their designee.
(f) “architecturally integrated” means stealth concealment that mimics the existing architecture, design, materials and finishes of the underlying structure such that the small wireless facility appears to be something other than a small wireless facility and part of the original structure’s design.
(g) “arterial road” means a road designed to feed through-traffic to freeways, provide access to adjacent land uses – mostly at intersections – and feature traffic control measures. The term “arterial road” as used in this policy is defined in the City of Pleasanton General Plan, Circulation Element.
Small Wireless Facilities Policy (City of Pleasanton) page 7 / 47
(h) “batched application” means the same as defined in California Government Code § 65964.3.
(i) “City” means the City of Pleasanton, California.
(j) “City Council” means the City Council of the City of Pleasanton, California.
(k) “City Manager” means the City Manager of the City of Pleasanton , California or the City Manager’s designee.
(l) “collector road” means a road designed to provide access to adjacent land uses and feed local traffic to arterials. The term “collector road” as used in this policy includes collectors as defined in the City of Pleasanton General Plan, Circulation Element.
(m) “collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g).
(n) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
(o) “decorative pole ” means any pole that includes decorative or ornamental features, design elements and/or materials for aesthetic purposes.
(p) “Department” means the City of Pleasanton Community and Economic Development Department.
(q) “Director” means the City of Pleasanton Community and Economic Development Department Director or the Community and Economic Development Department Director’s designee.
(r) “eligible facilities request” means the same as defined in 47 U.S.C. § 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3).
(s) “FCC” means the “Federal Communications Commission ”, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
(t) “Fire Safety Authority” means the Livermore-Pleasanton Fire Department or their designee.
(u) “historic resource” means any prehistoric or historic district, neighborhood, site, building, structure or object included in, or eligible for inclusion in the National Register of Historic Places or the California Register of Historical Resources, or identified in the City of Pleasanton General Plan or the Downtown Specific Plan.
The term includes artifacts, records and remains related to or located within such
Small Wireless Facilities Policy (City of Pleasanton) page 8 / 47 properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.
(v) “local road ” means a road designed to serve only adjacent land uses in both commercial and residential areas and provide direct access to these land uses.
The term “local road” as used in this policy includes local streets as defined in the City of Pleasanton General Plan, Circulation Element.
(w) “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. Ministerial permits may include, without limitation, any building permit, construction permit, electric al permit, excavation permit, traffic control permit, encroachment permit and/or any similar over -the-counter approval issued by the City’s departments.
(x) “Municipal Code” means the City of Pleasanton Municipal Code.
(y) “non-pole concealment structure” means a structure within the public rights -of- way, other than a pole, that can be adapted (either in its current form or through a replacement) to conceal antennas and/or accessory equipment for small wireless facilities. Examples may include, without limitation, monuments, kiosks, bus shelters and other street furniture.
(z) “OTARD” means any “over -the-air reception device” subject to 47 C.F.R. §§
1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
(aa) “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii).
(bb) “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
(cc) “persons entitled to notice ” means (1) all real property owners; and (2) all occupants of each physical address for all properties, each within 300 feet of the exterior boundaries of the proposed small wireless facility. Mailed notice will be deemed given to real property owners when sent to the address listed on the most recent equalized assessment roll. Mailed notice will be deemed given to all occupants when sent to the real property’s physical address.
(dd) “prohibited support structure ” means any support structure on which the City prohibits the deployment of small wireless facilities, except when authorized as a pre-approved design pursuant to this policy. Prohibited support structures include decorative poles and decorative streetlights ; the Main Street “Pleasanton Arch”; traffic signal s, signs, poles, cabinets and related devices and structures ; new, nonreplacement wood poles; and any utility pole scheduled or reasonably
Small Wireless Facilities Policy (City of Pleasanton) page 9 / 47 anticipated to be scheduled for removal within 18 months from the time the Director acts on the application for such pole.
(ee) “public right-of-way” or “public rights-of-way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or publ ic utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes.
(ff) “residential collector road” means a road designed to provide access to residential areas and feed traffic from local streets to arterials. The term “residential collector road” as used in this policy includes residential collectors as defined in the City of Pleasanton General Plan, Circulation Element.
(gg) “RF” means radio frequency.
(hh) “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 U.S.C. § 1455(a).
(ii) “shot clock” means the presumptively reasonable time defined by the FCC , or time specified under state law, if applicable, in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
(jj) “Small Cell Permit” means the permit approval required by the City of Pleasanton Community and Economic Development Department to authorize the use of small wireless facilities subject to this policy.
(kk) “small wireless facility ”, “small wireless facilities ” or “SWF” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l).
(ll) “stealth” means concealment elements, measures and techniques to : (1) architecturally integrate a small wireless facility into the underlying support structure; or (2) add new architectural features in style, proportion and construction quality with the underlying support structure or blend with or mimic the surrounding built or natural environment and adjacent uses ( e.g., antennas mounted within a radome above a streetlight, equipment cabinets in the public rights-of-way painted or wrapped to match the background, e tc.), and in either event, to completely screen all transmission equipment from public view. The foregoing stealth concealment techniques examples are included without limitation.
Section 4. A
PPLICABILITY
Small Wireless Facilities Policy (City of Pleasanton) page 10 / 47 (a) General. This policy applies to all requests for the City ’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities within the public rights -of-way within the City ’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to this Section 4.
(b) Small Wireless Facilities on City Property or Structures. This policy applies to permit applications, submitted to the City in its regulatory capacity as the permitting agency, for small wireless facilities on property or structures owned or controlled by the City and located within the public rights-of-way; provided, however, that this policy does not govern whether or under what terms and conditions the City, in its proprietary capacity as the property or structure owner, would lease, license or otherwise allow a small wireless facility on such property or structures.
(c) Eligible Facilities Requests. Notwithstanding anything in this p olicy to the contrary, this policy shall not be applicable to eligible facilities requests and/or other applications submitted for approval pursuant to Section 6409.
(d) Other Exemptions. Notwithstanding anything in this p olicy to the contrary, this policy shall not be applicable to the following:
(1) wireless facilities operated for public purposes by the City or through joint powers authorities that the City is a member;
(2) small wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber’s private residence, such as a femto cell or indoor distributed antenna system;
(3) OTARD antennas;
(4) antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-E.
Section 5. R
EQUIRED PERMITS AND APPROVALS
(a) Required Permits. All small wireless facilities located in whole or in part within the public right-of-way subject to this policy shall require a Small Cell Permit subject to the approval authority’s prior review and approval in accordance with this policy.
(b) Other Permits and Regulatory Approvals. In addition to a Small Cell Permit required under this policy , the applicant must obtain all other permits and
Small Wireless Facilities Policy (City of Pleasanton) page 11 / 47 regulatory approvals as may be required by any other federal, state, regional or local government agencies, which includes without limitation any permits and/or approvals issued by other City departments or divisions such as encroachment permits for work or facilities in the public right-of-way. All applications for ministerial permits submitted in connection with a proposed small wireless facility or other infrastructure deployment must contain a valid Small Cell Permit issued by the City for the proposed small wireless facility. Any application for any ministerial permits submitted without such Small Cell Permit may be denied without prejudice. Any Small Cell Permit granted under this policy or deemed granted or deemed approved by the operation of law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the Small Cell Permit requirement under Section 4(d) does not exem pt the same wireless facilities or other infrastructure deployments from any other permits or approvals, which includes without limitation any ministerial permits from the City.
Section 6. A
DMINISTRATIVE ORDERS AND REGULATIONS
In addition to the requirements in this p olicy, the Director may adopt such orders or regulations as the Director deems necessary or appropriate to protect and maintain public health, safety, welfare and convenience. The Director is also authorized to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for submittal appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated.
Section 7. P
ERMIT APPLICATIONS
(a) Application Required. The approval authority shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities within the public right-of-way except upon a complete and duly filed application consistent with this section and any other written rules or requirements the City or the Director may establish from time to time in any publicly-stated format.
(b) Application Fee /Deposit. The applicant shall submit the applicable permit application fee, application review deposit, or combination application fee and review deposit adopted by City Council resolution at the time of application.
Batched applications must include the permit application fee, review deposit, or combination application fee and review deposit for each small wireless facility in the batch unless a specific batched application fee, review deposit, or combination application fee and review deposit has been adopted by City Council resolution at the time of application. The foregoing fee requirement for batched applications shall apply separately to applications for Small Cell Permits and any other permit or approval required at the time such fees for such other permit or approval are
Small Wireless Facilities Policy (City of Pleasanton) page 12 / 47 due (e.g., Small Cell Permit application fees required for each small wireless facility in the batch, and subsequent encroachment permit applications fees required for each small wireless facility in the batch). I f no permit application fee, application review deposit, or combination application fee and review deposit has been adopted at the time of application, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application within 10 business days after the City issues a written demand for reimbursement . Additional deposits shall be required if the deposit is inadequate and must be replenished. If the deposit exceeds the actual costs, the difference will be returned to the applicant following final inspection in event of an approval, withdrawal of the application, or the conclusion of any appeals or expiration of any appeal periods, whichever occurs later, in event of a denial.
(c) Application Content. All applications for a permit must include all the information and materials required by the Director for the application. The Director is authorized to develop, publish and from time- to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this p olicy. All such requirements must be in written form and publicly stated and available. All applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which include without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.
(d) Batched Applications. Pursuant and subject to California Government Code § 65964.3, an applicant may submit up to 50 substantially similar wireless broadband projects under a single application for a Small Cell Permit . Notwithstanding the foregoing: (1) all substantially similar wireless broadband projects or small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration and on the same support structure type; (2) each substantially similar wireless broadband project or small wireless facility in a batch must meet all the requirements for a complete application, which includes without limitation the applicable batched application fees pursuant to Section 7(b); (3) if the application materials for any substantially similar wireless broadband project or small wireless facility in a batch is deemed incomplete, the entire match shall be automatically deemed incomplete; (4) if the application for a batch is deemed withdrawn, such deemed withdrawn status shall apply to all substantially similar wireless broadband projects or small wireless facilities in the batched application; (5) if any substantially similar wireless broadband project or small wireless facility in a batch fails to meet the required findings for approval, the entire batch shall be denied; (6) any conditions of approval associated with the Small Cell Permit , including but not limited to those provided in Section 14 , shall be applied individually to each wireless broadband project or small wireless facility in the
Small Wireless Facilities Policy (City of Pleasanton) page 13 / 47 batch; ( 7) the applicant shall obtain individual construction, encroachment, excavation, traffic control and other similar ministerial permits for each substantially similar wireless broadband project or small wireless facility approved or deemed-approved in a batch; and ( 8) the Director will have final authority over whether all wireless broadband projects or small wireless facilities in a batch are “substantially similar”.
(e) Voluntary Pre-Application Conferences . The Department shall provide prospective applicants with the opportunity to schedule and attend a voluntary pre- application conference with D epartment staff. The City strongly encourages, but does not require, pre-application conferences for all applications. This voluntary pre-application conference process, including but not limited to any requests for conferences or meetings, submittal of pre-application materials, or the occurrence of any conferences or meetings, does not, and shall not be deemed to, commence any shot clocks. This voluntary pre-application conference is 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 or existing small wireless facility, such as compliance with generally applicable rules for public health and safety; potential stealth or concealment issues or concerns (if applicable); coordination with other City departments and/or divisions responsible for application review; and application completeness issues. 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 D epartment 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 pre- application conference.
(f) Application Submittal. Unless the Director establishes an alternative submittal procedure pursuant to Section 6, all applications submitted, or resubmitted in response to an incomplete notice as the case may be, under this policy must be submitted to the Department through the online permitting portal only during the Department’s “Permit Center Hours” as published on the Department’s website.
The Department’s Permit Center Hours exclude City holidays or other days that the City is closed. Any applications submitted, or resubmitted as the case may be, after such Permit Center Hours will be deemed submitted, or resubmitted, and received by the Department at the start of “Permit Center Hours” on the next scheduled working day . Any application received in a manner not authorized by this policy or alternatives established by the Director, whether delivered in-person, by mail, electronically or through any other means, will not be considered duly filed whether the City retains the submitted materials or not.
Small Wireless Facilities Policy (City of Pleasanton) page 14 / 47 (g) Voluntary Community Meetings. The City strongly encourages, but does not require, applicants to schedule, notice, arrange, and attend a voluntary community meeting with all interested members of the public. Community meetings may be conducted before or after submittal. This voluntary community meeting does not cause the FCC shot clock to begin and is intended to give applicants the opportunity to hear from members of the public regarding the proposed small wireless facility project . Applicants should schedule any voluntary community meetings at time s and in locations that are conducive to maximizing public participation. Applicants are encouraged (but not required) to bring any draft applications, plans, maps, presentations or other materials to facilitate the public’s understanding of the applicant’s small wireless facility project. Applicants are also encouraged (but not required) to maintain minutes or a comment log of the community meeting. The City seeks to encourage dialogue that may allow applicants to address areas of concern and may lessen the likelihood of appeals.
Community meetings may be conducted before or after submittal. Public notice for a community meeting should be given in the manner described for persons entitled to notice, except that the applicant is responsible for the cost and implementation of noticing.
(h) Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Department within 90 calendar days after the Department deems the application incomplete in a written notice to the applicant. The Director , in the Director’s discretion, may grant a written extension for up to an additional 6 0 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.
Section 8. P
EER AND INDEPENDENT CONSULTANT REVIEW
(a) Authorization. The Director is authorized to, in the Director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues in connection with any permit application.
The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include, without limitation: (1) permit appl ication completeness and/or accuracy; (2) compliance with applicable regulations for human exposure to RF emissions; (3) whether and to what extent a proposed project will comply with applicable laws , including but not limited to this policy and its design standards ; (4) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the City’s discretion to review; and ( 5) any other issue identified by the D irector that requires expert or specialized knowledge, which includes, without limitation, any issues related to an
Small Wireless Facilities Policy (City of Pleasanton) page 15 / 47 exception requested by the applicant pursuant to Section 15. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant.
(b) Cost Reimbursement / Deposit. Subject to applicable laws, if the Director elects to retain an independent consultant in connection with any permit application, then the applicant shall be responsible for the actual and reasonable costs incurred by the City in connection with the servi ces provided, which may include, without limitation, actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings related to the permit application and the City’s actual and reasonable costs incurred to administer the independent consultant contract. The applicant shall tender to the City a deposit in an amount equal to the estimated actual and reasonable cost for the services to be provided, as determined by the Director if not deposit amount has been established and paid pursuant to Section 7(b) of this policy . The deposit funds shall be applied to the independent consultant’s invoices as such invoices are approved by the Director.
The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. If the deposit exceeds the total costs for the independent consultant’s services, then the Director shall promptly return any unused funds to the applicant after the small wireless facility has been installed and passes a final inspection. If the reasonabl e costs for the independent consultant’s services exceed the deposit, then the Director shall i nvoice the applicant for the balance. The Director is authorized to develop, publish and from time-to-time, update a standard deposit agreement consistent with this section.
The City shall not issue any construction or encroachment permits to any applicant with any unpaid deposit requests or invoices.
(c) Fire Safety Authority Independent Consultants. In addition, the Fire Safety Authority has the authority to select and retain an independent consultant with expertise and/or specialized training in fire safety and fire hazard mitigation and prevention satisfactory to the Fire Safety Authority in connect ion with any application. The Fire Safety Authority may request independent consultant review on any matter referred or committed to the Fire Safety Authority for review or approval. Subject to applicable law s, in the event that the Fire Safety Authority elects to retain an independent consultant in connection with any application, the applicant shall be responsible for the actual and reasonable costs in connection with the services provided, which may include without limitation any actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings and the Fire Safety Authority’s actual and reasonable costs to administer the independent consultant contract. The same procedures for fee deposits, cost reimbursements and refunds to the applicant as described above in Sect ion 8(b) shall be applicable to independent consultant review required by the Fire Safety Authority.
Small Wireless Facilities Policy (City of Pleasanton) page 16 / 47 Section 9. PUBLIC NOTICE
(a) Preface. The City strongly favors public participation in the community development process, which requires effective public notice. However, federal regulations that generally require approvals or denials within a relatively short timeframe interfere with the City’s ability to provide public notice and conduct public hearings in the same manner as the City would for other commercial development projects. To promote the City’s and the community’s legitimate interest in public participation, while at the same time enabling the City to act on applications within the timeframe prescribed by law, this Section 9 establishes notice requirements designed to give interested parties notices through multiple mediums and at times intended to maximize such parties’ ability to stay informed and exercise their right to be heard.
(b) Mailed Notice. Within 10 calendar days of an application being filed for a personal wireless service facility, the Department shall mail a written notice to all p ersons entitled to n otice. The notice shall include: (1) the project location with a street address and/or GPS coordinates; (2) the City’s permit application number; (3) a general project description; (4) contact information for the Department so that persons may request additional information or submit comments; and (5) a statement that the Director will act on the application without a public hearing, but that any interested person or entity may appeal the Director’s decision directly to the City Manager.
Section 10. A
PPROVALS; DENIALS; APPEALS
(a) Initial Administrative Decision. The approval authority may approve, conditionally approve or deny a complete and duly filed permit application without a public hearing.
(b) Required Findings for Approval. The approval authority (or appellate authority on appeal) may approve or conditionally approve an application for a Small Cell Permit only when it makes all the following findings:
(1) the proposed project qualifies as a “small wireless facility” as defined by the FCC;
(2) the proposed small wireless facility is in a preferred location as defined in this policy; or the proposed small wireless facility is in a discouraged location as defined in this policy and the applicant has demonstrated through a meaningful comparative analysis that no more preferred location would be technically feasible and potentially available;
(3) the proposed small wireless facility would not be located on a prohibited support structure identified in this Policy;
Small Wireless Facilities Policy (City of Pleasanton) page 17 / 47 (4) the proposed small wireless facility is on a preferred support structure as defined in this policy; or the proposed small wireless facility is on a discouraged support structure as defined in this policy and the applicant has demonstrated through a meaningful comparative analysis that no more preferred support structure would be technically feasible and potentially available;
(5) the proposed small wireless facility complies with all applicable development standards in this policy, the Municipal Code and any other applicable regulations;
(6) the applicant has shown that it can obtain any wireline communications and electrical service connections necessary to operate the proposed small wireless facility and the project plans show the proposed route for all such connections between their source and the proposed small wireless facility;
(7) the applicant has demonstrated that the proposed small wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions and will not, either individually or cumulatively with other transmitters in the vicinity, result in RF exposures that exceed the FCC’s maximum permissible exposure level for the general population;
(8) all public notices required for the application have been given; and
(9) any required California Environmental Quality Act findings have been made.
(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or state laws, nothing in this policy is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any permit application governed under this p olicy as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, this policy or the Municipal Code.
(d) Decision Notices. Within five calendar days after the approval authority acts on an application governed under this policy or before the shot clock expires (whichever occurs first), the Department shall provide a written notice to the applicant. If the approval authority (or appellate authority) denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the denial.
(e) Appeals. Any interested person may appeal the approval authority’s decision to the City Manager provided that: (1) an appeal notice must be filed with the City Clerk within seven calendar days from the date of the approval authority’s decision; (2) an appeal must be timely and duly filed with the City Clerk on a form provided by the City Clerk, or if no such form is available, in a writing that states in plain terms the grounds for appeal and the facts that support those grounds; (3) appeals
Small Wireless Facilities Policy (City of Pleasanton) page 18 / 47 from an approval shall not be permitted when based on reasons otherwise compliant under this policy, including appeals based on duly adopted preapproved designs or the environmental effects from RF emissions that are compliant with applicable FCC regulations and guidelines; and (4) the City Manager shall consider appeals de novo. The City Manager shall issue the applicant and appellant a written decision within 15 calendar days of receipt of the appeal . If the City Manager denies the application on appeal (whether by affirmation or reversal), the written notice shall contain the reasons for the decision. The City Manager’s decision shall be final and not subject to any further City appeals or petitions for reconsideration.
Section 11. L
OCATION STANDARDS
(a) Preface. This section sets out criteria to determine the preferred location and support structure for small wireless facilities. The City considers the most preferred location and support structure to be the least intrusive means for an applicant to provide its services to the public. Subsection (b)(1) describes roads in or adjacent to zoning areas where small wireless facilities are generally most preferred.
Subsection (b)(2) provides specific locations where small wireless facilities are discouraged. It is possibl e for a proposed facility to be simultaneously in a “preferred” and “discouraged” location, for example, a small wireless facility on or adjacent to an arterial road in an “Industrial, Commercial & Offices” zoning area that is also within 100 feet of a residential dwelling unit. In such cases, the location shall be deemed a “discouraged” location.
(b) Locations. To assist applicants, staff, and the approval authority understand and respond to the community’s aesthetic preferences and values, this Section 11 (b) describes preferred and discouraged locations for small wireless facilities in the public rights-of-way.
(1) Preferred Locations. All applicants must, to the extent technically feasible and potentially available, propose new small wireless facilities in a preferred location. The following locations are all considered “preferred locations” and are ranked in order of most preferred to least preferred. Applicants must propose new facilities on parcels with the most preferred land use designation whenever technically feasible and potentially available. Road designations within the below are al so ranked in order of mos t preferred to least preferred.
Applications must include a written justification as part of their application submittal, supported by factual and verifiable evidence, that demonstrates no location with a more preferred land use or road designation is technically feasible and available.
(A) locations on arterial, collector, residential collector, or local roads in or adjacent to zoning areas categorized as “Industrial, Commercial & Offices”, “Mixed Use” or “Open Space” as defined and mapped in the City of Pleasanton General Plan, Land Use Element;
Small Wireless Facilities Policy (City of Pleasanton) page 19 / 47
(B) locations on arterial , collector, residential collector, or local roads in or adjacent to zoning areas categorized as “Community Facilities” or “Open Space” as defined and mapped in the City of Pleasanton General Plan, Land Use Element;
(C) locations on arterial or collector roads in or adjacent to zoning areas categorized as “Residential” as defined and mapped in the City of Pleasanton General Plan, Land Use Element;
(2) Discouraged Locations. When no preferred location is technically feasible and potentially available, the applicant may propose a wireless facility in a discouraged location pursuant to an exception under Section 15, including a written justification supported by factual and verifiable evidence, demonstrating that no preferred location is technically feasible and potentially available. If a small wireless facility must be placed in a discouraged location, the applicant shall use the least -discouraged location that is technically feasible and potentially available. The following locations are discouraged, and ordered from least discouraged to most discouraged, and road designations within the below are also ranked in order of least discouraged to most discouraged
(A) locations on local or residential collector roads in or adjacent to zoning areas categorized as “Residential” as defined and mapped in the City of Pleasanton General Plan, Land Use Element;
(B) on Main Street between Bernal Avenue and Del Valle Parkway;
(C) any location within a designated historic or scenic corridor or any location on or within 200 feet from a historic resource;
(D) any location within 100 feet from a residential dwelling unit (but not accessory structures, detached garages, sheds, pool houses, etc.) , irrespective of the underlying zoning district;
(3) Additional Location Standards. In addition to all other location standards in this Section 11, small wireless facilities and all associated antennas, accessory equipment or improvements in the public rights-of-way shall:
(A) be placed as close as possible to alignment with the property line that divides two parcels abutting the public rights-of-way
(B) not be placed directly in front of any ground-level door;
(C) not be placed directly in front of any first- or second-story window;
Small Wireless Facilities Policy (City of Pleasanton) page 20 / 47 (D) on arterials, be placed as close to mid- block as technically feasible and consistent with the other location requirements in this policy;
(E) not be placed within any clear zone at any intersections;
(F) not be placed within any visibility triangle area that crosses a front property line and blocks visibility above 36 inches from grade level;
(G) not be placed in any location that obstructs view lines for traveling vehicles, bicycles and pedestrian;
(H) not be placed in any location that obstructs views of any traffic signs or signals;
(I) not be placed in any location that obstructs illumination patterns for existing streetlights;
(J) not be placed in any location that interferes with access to fire stations, fire hydrants, water valves, underground vault, vault housing structure, or any other public health and safety facility;
(K) not be placed in any location that obstructs physical access to, on or over the public rights-of-way in violation of the Americans with Disabilities Act or other applicable laws;
(L) for new, non-replacement support structures, be placed at least 50 feet from any streetlight, utility pole or other similar support structure;
(M) not be placed within 250 feet from another small wireless facility;
(c) Support Structures. This Section 11(c) describes preferred, discouraged and prohibited support structures.
(1) Preferred Support Structures. The City’s preferences for support structures are as follows, order from most preferred to least preferred:
(A) existing or replacement metal or composite streetlight poles;
(B) existing or replacement metal or composite utility poles;
(C) existing or replacement wood utility poles;
(2) Discouraged Support Structure s. When no preferred support structure is technically feasible and potentially available, the applicant may propose a wireless facility on a discouraged support structure pursuant to an exception under Section 15, including a written justification supported by factual and
Small Wireless Facilities Policy (City of Pleasanton) page 21 / 47 verifiable evidence, demonstrating that no preferred support structure is technically feasible and potentially available. If a small wireless facility must be installed on a discouraged support structure, the applicant shall use the least - discouraged support structure that is technically feasible and potentially available. The following support structures are discouraged, and ordered from least discouraged to most discouraged:
(A) existing or replacement non -pole concealment structures , such as monuments, kiosks, bus shelters and other street furniture;
(B) new, non-replacement metal or composite streetlight poles;
(C) new, non- replacement metal or composite concealment poles for small wireless facilities;
(3) Prohibited Support Structures. Small wireless facilities shall not be installed on the following prohibited support structures:
(A) decorative poles and decorative streetlights;
(B) the Main Street “Pleasanton Arch”;
(C) traffic signals, signs, poles, cabinets and related devices and structures;
(D) new, non-replacement wood poles;
(E) any utility pole scheduled or reasonably anticipated to be scheduled for removal within 18 months from the time the Director acts on the application for such pole;
(d) New and Replacement Pole Locations. All new and replacement poles must be:
(1) if a replacement pole, located as close to the removed pole’s location as possible not to exceed five feet; (2) aligned with the other existing poles along the public right-of-way; (3) designed to resemble existing poles, including an overall height that is no greater than the replaced pole or, if a new pole, the nearest adjacent pole; and (4) compliant with all applicable standards and specifications issued by the City , which may include, without limitation, requirements related to aesthetics, materials and safety. Notwithstanding anything in this subsection to the contrary, the Director may approve a deviation from the foregoing requirements if, in the Director’s discretion, an alternative placement location would result in a more aesthetically desirable outcome consistent with the goals of this policy. All replaced poles must be removed within 24 hours after the replacement pole has been erected and any utilities have been cutover.
(e) Encroachments Over Private Property. No small wireless facility, or any antenna, accessory equipment or other improvements associated with a small
Small Wireless Facilities Policy (City of Pleasanton) page 22 / 47 wireless facility, may extend onto or over any private or public property outside the public right -of-way without the property owner’s prior written consent and a recorded easement or other similar legal instrument.
Section 12. D
ESIGN STANDARDS
(a) General Design Standards. The standards in this Section 1 2(a) shall be applicable to all small wireless facilities in the public rights-of-way:
(1) Stealth/Concealment. All small wireless facilities must be stealth to the maximum extent feasible with concealment elements, measures and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
(2) Least Visible Equipment. The applicant must use the smallest and least visible antennas and accessory equipment possible to accomplish the service objectives.
(3) Overall Height. No equipment associated with a small wireless facility may extend more than five feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations.
(4) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat, non-reflective hues that match the underlying support structure or blend with the surrounding environment , minimizing visibility to the greatest extent feasible. All exterior surfaces on small wireless facilities shall be constructed from, or coated with, graffiti-resistant materials or sealant. All finishes shall be subject to the approval authority’s prior approval.
(5) Noise. All small wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in the Municipal Code, including Chapter 9.04 (Noise Regulations) of the Municipal Code. Equipment likely to create noise, such as cooling fans, are strongly discouraged except when placed in an underground vault. The approval authority may require the applicant to incorporate appropriate noise- baffling materials and/or noise -mitigation strategies to avoid a ny ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
(6) Lights. All new or replacement street lights and street light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights -of-way in a manner consistent with any other standards and specificati ons as identified or required by the approval authority. Small wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC or other applicable federal or state governmental regulations. All antennas, accessory
Small Wireless Facilities Policy (City of Pleasanton) page 23 / 47 equipment and other improvements with indicator, status or other lights must be installed in locations and within enclosures that eliminate illumination impacts visible from publicly accessible areas. Any light beacons or lightning arresters shall be included in the overall height calculation.
(7) Trees and Landscaping. Small wireless facilities shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities may not displace any existing tree, landscape or hardscape features. All small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way must include landscape and/or hardscape features (which may include, without limitation, shrubs and ground cover) located at least 18 inches from the curb and gutter flow line and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible . The approval authority may require additional landscape or hardscape features for small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way to screen the small wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this policy. All plants proposed or required must be native and/or drought -resistant and consistent with any landscaping requirements for the underlying zone and are further subject to approval by the approval authority.
(8) Signage; Decals; Advertisements. All small wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a 24 hours-per-day, seven days -per-week, toll-free telephone number to the owner/operator’s network operations center. Small wireless facilities may not bear any other signage, decals or advertisements unless expressly approved by the approval authority, required by law or recommended under FCC or other federa l governmental agencies for compliance with RF emissions regulations.
(9) Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as locks, removable climbing pegs and anti -climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth techniques, and the approval authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited. Cabinets and equipment shrouds must be kept secured to prevent unauthorized access.
(10) Fire Safety. All small wireless facilities shall include ( A) a power shut off immediately accessible to fire service personnel, through a Knox box or similar rapid-access system approved by the Fire Safety Authority, upon arrival at the scene of a fire and/or anticipated power surge due to power being turned off or
Small Wireless Facilities Policy (City of Pleasanton) page 24 / 47 on for any reason; ( B) surge protection devices capable of mitigating a direct or partial direct lightning discharge; ( C) surge protection devices capable of mitigating significant electrical disturbances that may enter the small wireless facility via conductive cables; ( D) at least one- hour fire resistant interior surfaces to be used in the composition of all structures; and ( E) monitored automatic fire notification and suppression systems for all small wireless facilities as approved by the applicable Fire Safety Authority.
(11) Secondary Power Sources. The approval authority may approve secondary or backup power sources on a case-by-case basis. No permanent generators or similarly noisy or noxious generators within the public rights-of-way or at any other location or within 250 feet from any residence are permitted; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
(12) Parking. Small wireless facilities and any associated accessory equipment or other improvements shall not reduce any street parking spaces within the public rights-of-way.
(13) Compliance with Laws. All small wireless facilities must be designed and sited in compliance with all applicable federal, state, regional and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, the general plan and any applicable specific plan, the Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
(b) Antennas. In addition to all generally applicable design standards in Section 12(a), this Section 12(b) sets out specific preferences and standards for antennas.
(1) Placement. Antennas should be placed above the pole, unless the approval authority finds that : (a) such placement above the pole would significantly impair views of importance, including but not limited to historic resources and scenic or historic corridors; or (b) an alternative placement, including but not limited to affixed to the side of the pole, results in an aesthetically superior design based on site-specific circumstances.
(2) Stealth/Concealment. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a unified shroud or “radome”. Antenna shrouds must be visually consistent with the underlying pole’s design, color and scale. Antenna shrouds placed above a pole must taper down to the point where the shroud and pole connect to conceal the cables below the antennas and create a smooth transition into the pole. All antenna mounting posts shall be trimmed so that the post does not extend above the antenna. For antennas approved to be affixed to the side of the pole within a shroud, all cables must be concealed within the
Small Wireless Facilities Policy (City of Pleasanton) page 25 / 47 shroud and extension arm, if any, to create a smooth transition into the pole, or back into the external conduit on the pole, if attached to a wood pole.
(3) Volume. Any individual antenna (including its shroud or other stealth or concealment device) shall not exceed three cubic feet in volume. The cumulative limit for all antennas (including their shrouds or other stealth or concealment devices) on a single small wireless facility shall not exceed: (A) three cubic feet for small wireless facilities within 100 feet from a residential dwelling unit; or (B) six cubic feet for small wireless facilities in all other locations.
(4) Strand-Mounted Antennas. No more than one strand-mounted small wireless facility may be installed on any single span between two poles. All equipment and other improvements associated with a strand- mounted small wireless facility must comply with all applicable health and safety regulations. Strand- mounted wireless facilities shall not exceed one cubic foot in total volume. “Snow shoes” and other spooled fiber or cables are prohibited.
(c) Accessory Equipment. In addition to all generally applicable design standards in Section 12(a), this Section 1 2(c) sets out specific preferences and standards for accessory equipment.
(1) Placement Preferences. This subsection describes the City ’s general preferences for accessory equipment placement and configuration on or around the pole. Applicants shall propose small wireless facilities in compliance with these preferences to the maximum extent feasible. The approval authority may approve a l esser-preferred configuration for the accessory equipment when the applicant demonstrates that more- preferred configurations are technically in feasible or the approval authority finds that a lesser -preferred configuration is more consistent with existing poles and the surrounding environment. The City generally prefers accessory equipment to be placed, ordered from most preferred to least preferred, as follows:
(A) within an environmentally controlled underground equipment vault;
(B) within an architecturally integrated enclosure at the base of the pole;
(C) within a shroud mounted above ground level on the pole;
(D) within a separate surface-mounted equipment cabinet.
(2) Volume. The cumulative limit for all accessory equipment (including their shrouds, cabinets or other stealth or concealment devices) on a single small wireless facility shall not exceed: (A) nine cubic feet for small wireless facilities within a residential district or within 100 feet from a residential dwelling unit; or
Small Wireless Facilities Policy (City of Pleasanton) page 26 / 47 (B) 17 cubic feet for small wireless facilities in all other locations. These limits shall not be applicable to undergrounded accessory equipment.
(3) Undergrounded Equipment. Consistent with CPUC and local policies, t he City strongly prefers undergrounded accessory equipment whenever possible because it mitigates unnecessary physical obstructions and aesthetic harm caused by unsightly infrastructure in the public rights -of-way. This Section 12(c)(3) sets out specific preferences and standards for undergrounded accessory equipment.
(A) Where Required. Accessory equipment (other than any electric meter (where permitted) and an emergency disconnect switch) shall be placed underground when proposed in any (i) underground utility district ; (ii) any area where all existing utilities are substantially undergrounded; or (iii) any location where the approval authority finds substantial evidence that the additional above- ground accessory equipment would incommode the public’s uses in the public rights-of-way.
(B) Equipment Vaults. 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 and properly secured to prevent unauthorized access. Vents for airflow shall be flush-to- grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids may contain manufacturer and site operator information but shall not exhibit commercial advertisements.
(4) Base-Mounted Accessory Equipment. This Section 12(c)(4) sets out specific preferences and standards for base-mounted accessory equipment.
(A) Stealth/Concealment. Base-mounted accessory equipment enclosures must be stealth to the maximum extent feasible and architecturally integrated with the pole and surrounding environment. For poles that already include a larger or decorative base, the base- mounted accessory equipment enclosure should mimic the existing design and/or decorative features. Base-mounted accessory equipment enclosures should include a tapered or decorative transition between the enclosure and the pole, unless (i) the proposed facility is a pre-approved design that does not include such a transition or (ii) the approval authority finds that such a transition would be less aesthetically desirable considering the pole and surrounding environment.
(B) Maximum Dimensions. Any base -mounted accessory equipment enclosure integrated into the pole shall not exceed the following dimensions: (i) 48 inches in height, measured from grade level to the
Small Wireless Facilities Policy (City of Pleasanton) page 27 / 47 highest point on the enclosure, but excluding any decorative design elements that transition the wider base into the narrower pole; and (ii) 26 inches in length or width on any rectangular enclosure or 28 inches in diameter for any round, hexagonal, octago nal or similarly shaped enclosure.
(C) Graffiti. Base-mounted accessory equipment enclosures must be coated with anti-graffiti finishes. To prevent litter and other objects placed on such equipment, the City may require that base -mounted accessory equipment enclosures not have any flat horizontal surfaces greater than 1.5 square inches.
(5) Pole-Mounted Accessory Equipment. This Section 12(c)(5) sets out specific preferences and standards for pole-mounted accessory equipment.
(A) Stealth/Concealment. Applicants should propose to place any pole- mounted accessory equipment using stealth to the maximum extent feasible with concealment elements and in the least conspicuous position under the circumstances presented by the proposed pole and location.
Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole -mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed fro m the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation.
(B) Minimum Ground Clearance. The lowest point on any pole- mounted accessory equipment shall be at least 15 feet above ground level adjacent to the pole. If applicable laws require any pole- mounted accessory equipment component to be placed less than 15 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.
(C) Horizontal Extensions. Pole-mounted accessory equipment should be as close to flush with the pole as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws preclude flush- mounted accessory equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet “flaps” or “wings”).
Small Wireless Facilities Policy (City of Pleasanton) page 28 / 47 (D) Strand-Mounted Antenna Accessory Equipment. Any accessory equipment mounted on the pole associated with a strand- mounted small wireless facility antenna shall comply with the requirements of this Section 12(c)(5). All equipment and other improvements associated with a strand- mounted small wireless facility must comply with all applicable health and safety regulations. The approval authority shall not approve any ground- mounted equipment in connection with any strand- mounted small wireless facility. “Snow shoes” and other spooled fiber or cables are prohibited.
(6) Surface-Mounted Equipment Cabinets . This Section 12 (c)(6) sets out specific preferences and standards for surface-mounted accessory equipment.
(A) Stealth/Concealment. Concealment for surface- mounted equipment cabinets will be assessed on a site-specific basis and consider the location and existing uses and aesthetic elements in the vicinity. In general, the City prefers surface- mounted accessory equipment to be stealth to the maximum extent feasible with concealment elements as follows: (i) within a landscaped parkway, median or similar location, behind or among new/existing landscape or hardscape features, as approved by the approval authority, and painted, powder coated, wrapped or finished in flat natural colors to blend with the landscape features in accordance with City requirements; (ii) if landscaping concealment is not technically feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks ; and (iii) if neither landscaping concealment or street furniture is available, accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing surface -mounted accessory equipment cabinets in the vicinity.
(B) Public Safety. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, individual surface-mounted accessory equipment cabinet may not exceed four feet in height or four feet in width. Surface-mounted accessory equipment enclosures must be coated with anti -graffiti finishes. S urface-mounted accessory equipment enclosures should not have any flat horizontal surfaces greater than 1.5 square inches to prevent litter and other objects placed on such equipment.
(d) Utilities. The provisions in this Section 12(d) are applicable to all utilities and other related improvements that serve small wireless facilities.
(1) Overhead Lines. The approval authority shall not approve any new overhead utility lines in underground utility districts. In areas with existing overhead lines, new communication lines shall be “overlashed” with existing communication lines. but service conduits shall be placed underground. No new overhead
Small Wireless Facilities Policy (City of Pleasanton) page 29 / 47 utility service drops shall be permitted to traverse any roadway used for vehicular transit.
(2) Vertical Cable Risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through external conduits or shrouds that have been finished to match the underlying pole. The applicant shall minimize the number and size of external conduits to the extent technically feasible.
(3) 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. Horseshoes and loops of excess wires are prohibited.
(4) Electric Meters. Small wireless facilities shall use flat -rate electric service or other method that obviates the need for a separate above-grade electric meter.
If flat-rate service (or any other method of service that would obviate the need for an electric meter) is not available, applicants may install a shrouded smart meter, or if a shrouded smart meter is not available, a separate meter pedestal per City standards. If the proposed project involves a surface -mounted equipment cabinet, an electric meter may be integrated with the cabinet, but the approval authority shall not approve a separate surface- mounted electric meter pedestal. In no case shall applicant be permitted to use electricity/power provided by a City-owned streetlight or City-owned circuit without separate written authorization from the City.
(5) Existing Underground Conduits. To reduce unnecessary wear and tear on the public rights -of-way, applicants are encouraged to use existing conduits whenever available and technically feasible. Access to any conduit owned by the City shall be subject to a separate written agreement and th e Director’s prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City ’s infrastructure, prevent interference with the City ’s municipal functions and public health and safety.
(e) Historic Resources. This policy shall not be construed or applied to limit the City’s authority to enforce other laws or regulations intended to protect or preserve historic resources. Any small wireless facility that adversely impacts any historic resource shall not be approved without an exception pursuant to Section 15.
Section 13. P
REAPPROVED DESIGNS
Small Wireless Facilities Policy (City of Pleasanton) page 30 / 47 (a) Preface. To expedite the review process for Small Cell Permit applications, promote uniform aesthetics in the public rights-of-way and encourage collaborative designs among applicants and the City that blend with surrounding environment , the City strongly encourages , but does not require preapproved designs. This Section 13 sets out the process to establish or repeal a preapproved design and the review procedures and findings applicable to these applications.
(b) No Shot Clock Commencement. This preapproved design process, including any application submittals, conferences, meetings, or hearings, does not, and shall not be deemed to, commence any shot clocks. The procedures and requirements of this Section 13 are not intended for applications for authorization to place, construct or modify any small wireless facility.
(c) Applications for Preapproved Designs. This Section 13(b) sets out the process and requirements to establish a new preapproved design for use in future applications for Small Cell Permits.
(1) Application Form and Content. The Director shall prepare, publish and maintain an application form for requests to establish a preapproved design. In addition to all other requirements specified by the Director, the application shall include (A) scaled conceptual plans and drawings; ( B) photo simulations that depict the proposed preapproved design in typical locations within the City; and (C) an application fee adopted by City Council resolution, or if no preapproved design application fee has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application within 10 business days after the Ci ty issues a written demand for reimbursement. Additional deposits shall be required if the deposit is inadequate and must be replenished.
If the deposit exceeds the actual costs, the difference will be returned to the applicant.
(2) Pre-Application Conferences. The Director shall provide prospective applicants with the opportunity to schedule and attend a pre- application conference with City staff. The pre -application conference is intended to streamline the review process through informal discussion that includes, without limitation, any latent issues in connection with the proposed preapproved design, such as compliance with generally applicable rules for public health and safety; potential stealth or concealment issues or concerns (if applicable); coordination with other City departments and/or divisions responsible for application review; and application completeness issues. 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 Director shall use reasonable efforts to provide the applicant with an
Small Wireless Facilities Policy (City of Pleasanton) page 31 / 47 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 pre-application conference.
(3) Submittal Appointments. All applications must be submitted to the Director at a pre- scheduled appointment with the D epartment. The Director shall use reasonable efforts to provide the applicant with an appointment within five working days after the Department receives a written request. Any application received without an appointment, whether delivered in- person, by mail or through any other means, will not be considered duly filed.
(4) Optional Mockup. The Director, in the Director ’s discretion, may require an applicant for a preapproved design to erect a full-scale mockup to aid the City’s review. The mockup may use actual or replica equipment to show all visible elements. The mockup shall be placed on City-owned property and maintained throughout the preapproval review process.
(d) Approvals; Denials; Repeals.
(1) Required Findings to Establish a Preapproved Design. An application for a preapproved design may not be approved unless the proposed preapproved design is found to be (i) in substantial conformance with the applicable design requirements in Section 12 and (ii) architecturally compatible with the areas in which the preapproved design would be available. If the findings may be made for some but not all areas within the City, the recommendation for approval may be limited to specific areas identified by the Director in its written findings.
(2) Adoption. The Director may administratively approve, revise or deny the application for a preapproved design. The Director shall provide such notice in writing to the applicant. The Director shall cause a public notice for any approval of a preapproved design to be posted at Pleasanton City Hall. The notice must generally describe the preapproved design, include a photograph or photo simulation, specify whether the preapproved design would be limited or restricted in any districts and contain a reference to the appeal procedure.
Unless appealed pursuant to Section 10(e) , the preapproved design shall become effective 15 days from the foregoing notice. A decision by the Director not to adopt a proposed preapproved design or the Director's failure to act on a request for a proposed preapproved design is not appealable.
(3) Repeal. The Director may repeal any preapproved design by written notice posted at Pleasanton City Hall. The repeal shall be immediately effective. The Director's repeal, refusal to repeal, or failure to act on a request to repeal a preapproved design is not appealable.
(e) Nondiscrimination. An established preapproved design may be used by any applicant, whether the applicant originally initiated the preapproval process or not.
Small Wireless Facilities Policy (City of Pleasanton) page 32 / 47 The Director’s decision to adopt a preapproved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the preapproved plans. Any other vendor or manufacturer that fabricates a small wireless facility to the standards and specifications in the preapproved design with like materials, finishes and overall quality shall be acceptable as a preapproved design.
(f) Modified Findings for Approval. For any complete Small Cell Permit application using a preapproved design, the approval authority shall presume that the proposed project complies with the findings required under Sections 10(b)(1), (3) and (4). No such presumption shall be applicable to the required findings under Sections 10(b)(2) and (5) through (9).
Section 14. S
TANDARD CONDITIONS FOR APPROVED PERMITS
(a) Standard Conditions. Except as may be authorized in Section 14(b), all Small Cell Permits issued under this policy or deemed granted or deemed approved by the operation of law shall be automatically subject to the conditions in this Section 14(a) and these conditions shall be deemed to be incorporated by reference into such Small Cell Permit s. The conditions in this Section 14 (a) shall apply individually to each wireless broadband project or small wireless facilities in a batch approved or deemed approved pursuant to California Government Code § 65964.3.
(1) Permit Term. This permit will automatically expire 10 years and one day from its issuance unless the City establishes a shorter term for public safety or substantial land use reasons pursuant to California Government Code § 65964(b). Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed- granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. No change in ownership of the small wireless facility, the site or the subject property shall affect the permit term. This permit may not be transferred to another site or property.
(2) Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject small wireless facility has complied with all the conditions of approval associated with this permit and will comply with all applicable provisions in this policy and the Municipal Code that exist at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this policy, the Municipal Code or other applicable law s. Upon renewal, this permit will automatically expire 10 years and one day from its issuance.
Small Wireless Facilities Policy (City of Pleasanton) page 33 / 47 (3) City’s Standing Reserved. The City’s grant or grant by operation of law of a permit pursuant to this policy does not waive, and shall not be construed to waive, any standing by the City to challenge any (A) provision in federal or state law or any interpretation thereof or (B) permit issued pursuant to this policy.
(4) Compliance with Approved Plans. Before the permittee submits any applications to the building official required to commence construction in connection with this permit, the permittee must incorporate this permit, all conditions associated with this permit and any approved photo simulations into the project plans (the “Approved Plans”). The permittee must construct, install and operate the small wireless facility in strict compliance, as determined by the approval authority, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the small wireless facility, must be submitted in a written request subject to the Director’s prior review and approval. After the Director receives a written request to approve an alteration, modification or other change to the Approved Plans, the Director may refer the request to the original approval authority if the Director finds that it substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.
(5) CPUC GO-159A Certification. Within 15 business days after the City’s grant of this permit or any permit is deemed granted or deemed approved by the operation of law , the permittee shall serve copies of California Public Utility Commission notification letters required by CPUC General Order No. 159A to the City Clerk, Director and City Manager.
(6) Build-Out Period. This permit will automatically expire 12 months from the approval date or deemed granted or deemed approved date (the “Build-Out Period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved small wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support structure or the small wireless facility and/or its use. The permittee may request in writing, and the Director may grant in writing, one 12-month extension to the Build-Out Period if the permittee submits, at least 30 days prior to the automatic expiration date in this condition, substantial and reliable written evidence demonstrating justifiable cause for the 12-month extension submitted. If the Build-Out Period ( and any extension) finally expire s, this permit shall be automatically void but the permittee may resubmit a complete application, which includes without limitation all application fees, for the same or a substantially similar project.
(7) Pre-Installation Requirements. In addition to obtaining all other permits and approvals required to install, construct and/or operate the approved small wireless facility, which includes without limitation any permits or approvals
Small Wireless Facilities Policy (City of Pleasanton) page 34 / 47 required by any federal, state or local public agencies with jurisdiction over the subject property, the small wireless facility or its use, the permittee shall, prior to commencement of any installation or construction, attend a pre- grading meeting with the Public Works Department regarding temporary Best Management Practices (“ BMPs”) pertaining to discharges from the construction site. Before the permittee can proceed with installation or construction of the approved small wireless facility, the Public Wo rks Department must inspect and approve the permittee’s installation of such temporary BMPs.
(8) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations at the small wireless facility, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility has been installed and/or constructed in strict compliance with the Approved Plans. Such documentation shall include without limitation electronic as-built drawings prepared by a California licensed civil engineer , GIS data and site photographs. In a written notice to the permittee, the Director may (but shall not have the obligation to) either certify that the small wireless facility complies with the Approved Plans or order the permittee to correct any noncompliance.
(9) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, hardscape and landscape features, in a neat, clean, safe and code compliant condition in accordance with the Approved Plans and all conditions in this permit. T he permittee shall keep the site area free from all litter and debris at all times. The permittee shall regularly inspect the site to determine whether any maintenance is needed. The permittee shall perform any maintenance requested by the City for compliance with this condition within a reasonable time specified by the Director in a written notice to the permittee.
Routine maintenance within residential zones shall be restricted to the City’s normal construction work hours specified in the Municipal Code. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the small wireless facility within 24 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
(10) Landscape Features. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. 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. Any replacement tree must be s ubstantially the same size as the damaged tr ee or as otherwise approved by the City. The permittee shall, at all times, be responsible to maintain any replacement landscape features.
Small Wireless Facilities Policy (City of Pleasanton) page 35 / 47 (11) Underground Service Alert. The permittee shall maintain and keep current its membership in the Underground Service Alert of Southern California (“DigAlert”) throughout the term of any small cell permit granted under this Policy. Prior to any excavation performed in the streets, the permittee shall observe and perform all notice and other obligations required under applicable laws, which includes, without limitation, California Government Code §§ 4216 et seq., as may be amended or superseded.
(12) Compliance with Applicable Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions and any standards, specifications or other requirements identified by the Director (such as, without limitation, those requirements affixed to an encroachment permit). If the Director finds good cause to believe that the small wireless facility is not in compliance with any Laws applicable to human exposure to RF emissions, the Director may (A) require the permittee to submit a written report certified by a qualified radio frequency engineer familiar with the small wireless facility that certifies that the small wireless facility is in compliance with all such Laws; or (B) require that a field test to measure the RF exposure levels be conducted by an independent consultant. Any field measurement tests conducted by the City or its independent consultant shall be at random times without prior notice to the permittee or site operator. The Director shall require an onsite compliance test in situations where applicable Laws would authorize the City to require such testing at the permittee’s expense. The Director may order the small wireless facility to be immediately powered down if, based on objective evidence, the Director finds that the small wireless facility is in fact not in compliance with any Laws applicable, including, without limitation, Laws applicable to human exposure to RF emissions, until such time that the permittee demonstrates actual compliance with such Laws. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. No failure or omission by the City to timely notice, prompt or promptly enforce compliance with any applicable provision in this policy, the Municipal Code, any permit, any permit condition or any applicable Laws shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with all applicable provisions in this policy, the Municipal Code, any permit, any permit condition or any applicable Laws.
(13) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification,
Small Wireless Facilities Policy (City of Pleasanton) page 36 / 47 maintenance, repair, removal and/or other activities on or about the site and/or small wireless facility . The permittee 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 the City’s normal construction work hours authorized by the Municipal Code or as may be specified in other permits authorizing such work.
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 an emergency within the City . The Director may issue a stop work order for any activities that violates this condition in whole or in part. If the Director finds good cause to believe that ambient noise from a small wireless facility or related equipment violates applicable provisions in this policy or the Municipal Code, the Director, in addition to any other actions or remedies authorized by the permit, this policy, the Municipal Code or other applicable Laws, may require the permittee to commission a noise study by a qualified professional to evaluate the small wireless facility’s compliance. The permittee shall, at its sole cost and expense, repair and restore any and all damages to public and private properties that result from any activities performed in connection with the installation or maintenance of a small wireless facility. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. If the permittee fails to complete such repair within the number of days stated on a written notice by the Director , the City may (but shall not have the obligation to) cause such repair to be completed at permittee’s sole cost and expense.
(14) Annual Affirmation of Radio Frequency Standards Compliance . On or before January 30th in each calendar year, the permittee acknowledges and agrees that the permittee shall submit: (A) an affirmation, signed by an RF engineer familiar with the then-current equipment deployed and operated at the small wireless facility under penalty of perjury , that the installation is operated in compliance with 47 U.S.C. § 324; ( B) an affirmation, signed by an RF engineer familiar with the then-current equipment deployed and operated at the small wireless facility under penalty of perjury, that the installation complies with all applicable FCC rules and regulations for human exposure to RF emissions and will not cause members of the general public to be exposed to RF levels that exceed the maximum permission exposure levels deemed s afe by the FCC; and (C) a copy of the fully completed FCC form “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety:
Rules, Procedures, and Practical Guidance: Appendix A ” titled “Optional Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the small wireless facility. All radio frequency emissions on all frequency bands must be shown on the Appendix A form(s). All radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power.”
Small Wireless Facilities Policy (City of Pleasanton) page 37 / 47
(15) Interference with City Communications Systems. The permittee shall not permit the small wireless facility authorized under this permit to interfere with any City communication systems. In the event that the small wireless facility is causing interference with any City communication systems, the Director may order the small wireless facility to be shut down and powered off until such time as the immediate interference has been mitigated at the permittee’s sole cost and expense. If, after a good faith effort is made to notify the permittee without success, the City may shut down the facility . Any costs incurred by the City shall be at the permittee’s sole cost and expense.
(16) Inspections; Emergencies. The City’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the small wireless facility and related equipment and/or improvements 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 permittee, if present, may observe the City’s officers, officials, staff, agents, contractors or other designees while any such inspection or emergency access occurs.
(17) Safety Hazard Protocol. If the Fire Safety Authority finds good cause to believe that the small wireless facility presents an immediate fire risk, electrical hazard or other threat to public health and safety in violation of any applicable Laws, the Fire Safety Authority may order the small wireless facility to be shut down and powered off until such time as the immediate threat has been mitigated, after a good faith effort is made to notify the permittee, if feasible.
Any mitigations required shall be at the permittee’s sole cost and expense.
(18) Abandonment. The permittee shall notify the Director when the permittee intends to abandon or decommission the small wireless facility authorized under this permit. In addition, the small wireless facility authorized under this permit shall be deemed abandoned if the small wireless facility has not operated for any continuous six-month period and the permittee fails to resume operations within 90 days from a written notice from the Director . Within 90 days after a small wireless facility is abandoned or deemed abandoned, the permittee, property owner and/or structure owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable Laws, which includes without limitation this policy and the Municipal Code. The permittee, property owner and/or structure owner may request an extension up to 180 days to complete restoration after the small wireless facility is abandoned or deemed abandoned, which the Director may grant if the permittee, property owner or structure owner presents evidence of good cause for the extension. If neither the permittee, the
Small Wireless Facilities Policy (City of Pleasanton) page 38 / 47 property owner nor the structure owner complies with the removal and restoration obligations under this condition within the required period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee, property owner and structure owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.
(19) Permittee’s Contact Information. Prior to final inspection and at all times relevant to this permit, the permittee shall keep on file with the Director basic contact and site information. This information shall include, but is not limited to, the following:
(A) the name, physical address, notice address (if different from physical address), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) property owner, (iii) structure owner, (iv) site operator, (v) equipment owner, (vi) site manager and (vii) agent for service of process;
(B) the regulatory authorizations held by the permittee and, to the extent applicable, property owner, structure owner, site operator, equipment owner and site manager as may be necessary for the small wireless facility’s continued operation;
(C) the small wireless facility’s site identification number and/or name used by the permittee and, to the extent applicable, property owner, structure owner, site operator, equipment owner and site manager; and
(D) a toll -free telephone number to the small wireless facility’s network operations center where a live person with power -down control over the small wireless facility is available 24 hours-per-day, seven days-per-week.
If the entity for the permittee, property owner, structure owner, site operator, equipment owner, site manager, or agent for service of process changes, the permittee shall furnish the City with updated information within 10 business days.
Additionally, the permittee must update the signage at the small wireless facility to accurately identify the equipment owner/operator, the owner/operator’s site name or identification number and the 24 hours-per-day, seven day-per-week, toll-free telephone number to the owner/operator’s network operations center whenever such information about the same changes
(20) Indemnification. The permittee and, if applicable, the owners of the property and the structure upon which the small wireless facility is installed (other than the City) , shall defend, indemnify and hold harmless the City , its officers,
Small Wireless Facilities Policy (City of Pleasanton) page 39 / 47 officials, employees and volunteers (collectively, the “City Indemnitees”) from any and all ( A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“ Claims”) brought against the City or any City Indemnitees to challenge, attack, seek to modify, set aside, void or annul this permit, the City’s approval of this permit or the grant of this permit by the operation of law, and (B) other Claims of any kind or form, whe ther for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this permit , the City’s approval of this permit, the grant of this permit by the operation of law or the small wireless facility. If the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the owners of the property and the structure (if applicable) and shall reasonably cooperate in the defense.
The permittee, property owner and structure owner expressly acknowledge and agree that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the permittee, property owner and/or structure owner shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee, property owner and structure owner expressly acknowledge and agree that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this permit.
(21) Insurance.
(A) Policies and Limits. The permittee shall obtain and maintain insurance policies as follows:
(i) Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering Commercial General Liability (“CGL”) on an “occurrence” basis, with limits not less than $ 2,000,000 per occurrence or $4,000,000 in the aggregate. If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location.
CGL insurance must include coverage for the following: Bodily Injury and Property Damage; Personal Injury/Advertis ing Injury;
Premises/Operations Liability; Products/Completed Operations Liability; Aggregate Limits that Apply per Project; Explosion, Collapse and Underground (“UCX”) exclusion deleted; Contractual Liability with respect to the permit; Broad Form Property Damage; and Independent Consultants Coverage. The policy shall contain no endorsement s or provisions limiting coverage for (i) contractual liability; (ii) cross liability exclusion for claims or suits by one insured against another; (iii) products/completed operations liability; or (iv) contain any other exclusion contrary to the conditions in this permit.
Small Wireless Facilities Policy (City of Pleasanton) page 40 / 47
(ii) Automotive Insurance. Insurance Services Office Form Number CA 00 01 covering, Code 1 (any auto), or if permittee has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation Insurance. The permittee shall certify that it is aware of the provisions of California Labor Code § 3700, which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and further certifies that the permittee will comply with such provisions before commencing work under this permit.
To the extent the permittee has employees at any time during the term of this permit, at all times during the performance of the work under this permit the permittee shall maintain insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injur y or disease.
(iv) Professional Liability Insurance. The permittee shall maintain Professional Liability (Errors and Omissions) Insurance appropriate to the permittee’s profession, with limit no less than $1,000,000 per occurrence or claim. This insurance shall be endorsed to include contractual liability applicable to this permit and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the permittee. “Covered Professional Services” as designed in the policy must specifically include work performed under this permit.
(B) Claims-Made Policies. If the permittee maintains any required insurance under a claims -made form, the permittee shall maintain such coverage continuously throughout the permit term and, without lapse, for at least three years after the permit term expires so that any claims that arise after the expiration in connection with events that occurred during the permit term are covered by such claims-made policies.
(C) Umbrella or Excess Liability Policies. If an umbrella or excess liability insurance policy is used to satisfy the minimum requirements for CGL or automotive insurance coverage listed above, the umbrella or excess liability policies shall provide coverage at least as broad as specified for the underlying coverages and covering those insured in the underlying policies.
Coverage shall be “pay on behalf,” with de fense costs payable in addition to policy limits. Permittee shall provide a “follow form” endorsement or schedule of underlying coverage satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
Small Wireless Facilities Policy (City of Pleasanton) page 41 / 47
(D) Additional Insured; Separation of Insureds . The relevant CGL and automotive insurance policies shall name the City , its elected/appointed officials, commission members, officers, representatives, agents, volunteers and employees as additional insureds. The required insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to the City , its elected/appointed officials, commission members, officers, representatives, agents, volunteers and employees.
(E) Primary Insurance; Waiver of Subrogation. The required insurance shall be primary with respect to any insurance programs covering the City, its elected/appointed officials, commission members, officers, representatives, agents, volunteers and employees . All policies for the required CGL, automotive and workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against the City in connection with any damage or harm covered by such policies
(F) Term; Cancellation Notice. The permittee shall maintain the required insurance throughout the permit term and shall replace any certificate, policy, or endorsement which will expire prior to that date. The permittee shall use its best efforts to provide 30 calendar days’ prior written notice to the City of the cancellation or material modification of any applicable insurance policy; provided, however, that in no event shall the permittee fail to provide written notice to the City within 10 calendar days after the cancellation or material modification of any applicable insurance policy. The permittee shall promptly take action to prevent cancellation or suspension, reinstate cancelled coverage or obtain coverage from a different qualified insurer.
(G) Certificates. Before the City issues any permit, the permittee shall deliver to the Director insurance certificates and endorsements , in a form satisfactory to the Director, that evidence all the coverage required above.
In addition, the permittee shall promptly deliver complete copies of all insurance policies and endorsements upon a written request by the Director.
(H) Insurer Rating. Unless approved in writing by the City, all required insurance shall be placed with insurers authorized to do business in the State of California and with a current A.M. Best rating of at least A-:VIII.
(22) Removal Bond. Before the building official or department issues any permits required to commence construction, installation or other work in connection with this permit, the permittee shall post a bond issued by a surety and in a form acceptable to the City Attorney and the Director in an amount reasonably
Small Wireless Facilities Policy (City of Pleasanton) page 42 / 47 necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or other infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the small wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable Laws. The bond shall be valid for at least 10 years or the term of this permit (whichever is greater).
In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the small wireless facility to a standard compliant with applicable Laws. The bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject small wireless facility in accordance with this condition. If at any time after construction the Director finds good cause to believe that the bond required in this condition no longer adequately covers the removal and restoration costs, the Director may require by written notice that the permittee provide an updated estimate and increase the bond amount to cover any increased costs.
(23) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the permit application, permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, “Records”). If the permittee does not maintain such Records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing Records will be construed against the permittee. The permittee shall protect all Records fr om damage from fires, floods and other hazards that may cause deterioration. The permittee may keep Records in an electronic format; provided, however, that hard copies or electronic Records kept in the City’s regular files will control over any conflicts between such City-controlled copies or Records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be cons trued to create any obligation for the City to create or prepare any Records not otherwise required to be created or prepared by other applicable Laws . Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable Laws.
Small Wireless Facilities Policy (City of Pleasanton) page 43 / 47 (24) Permit Revocation. Any permit granted under this p olicy or deemed granted or deemed approved by the operation of law may be revoked in accordance with the provisions and procedures in this condition. In addition to other remedies the City may have, the Director may initiate revocation proceedings when the Director has information that the small wireless facility may not be in compliance with all applicable Laws, which includes without limitation, any permit in connection with the small wireless facility and any associated conditions with such permit(s). A permit granted under this p olicy or deemed granted or deemed approved by the operation of law may be revoked only by the City Council after a duly notice public hearing and opportunity to cure.
Before any public hearing to revoke a permit granted under this p olicy or deemed granted or deemed approved by the operation of law, the Director must issue a written notice to the permittee that specifies (A) the small wireless facility; (B) the violation(s) to be corrected; (C) the timeframe in which the permittee must correct such violation(s); and (D) that, in addition to all ot her rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). The City Council may revoke a permit when it finds substantial evidence in the written record to show that the small wireless facility is not in compliance with any applicable Laws, which includes without limitation, any permit in connection with the small wireless facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
(25) Cost Reimbursement. The permittee acknowledges and agrees that (A) the permittee’s request for authorization to construct, install and/or operate the small wireless facility will cause the City to incur costs and expenses; (B) the permittee shall be responsible to reimburse the City for all actual and reasonable costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the small wireless facility; (C) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs within 10 business days after a written demand for reimbursement and reasonable documentation to support such costs; and ( D) the City shall have the right to withhold any permits or other approvals in connection with the small wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee.
(26) Future Undergrounding Programs. Notwithstanding any term remaining on any permit, if other utilities or communications providers in the public rights-of- way underground their facilities in the segment of the public rights -of-way where the permittee’s small wireless facility is located, the permittee must also
Small Wireless Facilities Policy (City of Pleasanton) page 44 / 47 underground its equipment, except the antennas and any approved electric meter or related electric -service equipment required by the electric service provider to remain above ground, at approximately the same time. Accessory equipment, such as radios and computers that require an environmentally controlled underground vault to function , shall not be exempt from this condition; provided, however, that the Director may approve an alternative stealth/concealment plan for such equipment that complies with the City’s then current design regulations. Such undergrounding shall occur at the permittee’s sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs.
(27) Electric Meter Upgrades. If the small wireless facility includes a separate or ground-mounted electric meter pedestal and the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee , 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 permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.
(28) Rearrangement and Relocation. The permittee acknowledges that the City , in its sole discretion and at any time, may: (A) change any street grade, width or location; (B) 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 (C) perform any other work deem ed 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 this permit. If the Director determines that any City Work will require the permittee’s small wireless facility located in the public rights -of-way to be rearranged and/or relocated, the permittee 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 permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee’s small wireless facility within a reasonable time after the Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee’s small wireless facility without prior notice to permittee when the Director determines that City Work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 business days after a written
Small Wireless Facilities Policy (City of Pleasanton) page 45 / 47 demand for reimbursement and reasonable documentation to support such costs.
(29) Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the City in connection with this permit or the small wireless facility, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally o mit any material information necessary to prevent any material factual statement from being incorrect or misleading.
(30) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the City and permittee and their respective successors and assigns.
(31) Severable Conditions. If any provision in these conditions or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: ( A) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; ( B) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (C) all other provisions in this permit or their applic ation to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.
(b) Modified Conditions. The approval authority (or appellate authority) may modify, add or remove conditions to any Small Cell Permit on a case-by-case basis as the approval authority (or appellate authority) deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in subsection (a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment needed for compliance with this policy, the Municipal Code, generally applicable health and safety requirements and/or any other applicable Laws.
Section 15. S
PECIAL EXCEPTIONS FOR FEDERAL OR STATE PREEMPTION
(a) Preface. The provisions in this Section 15 establish a procedure by which the City may grant an exception to the standards in this p olicy but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in Section 15(b) in addition to the findings required under Section 10 (b). Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.
Small Wireless Facilities Policy (City of Pleasanton) page 46 / 47 (b) Required Findings. The approval authority shall not grant any limited exception pursuant to this Section 15 unless the approval authority finds all the following:
(1) the applicant has provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed small wireless facility;
(2) the applicant has provided the approval authority with a detailed written statement that explains why : (A) a denial based on the application’s noncompliance with a specific provision or requirement would violate federal law, state law or both; or (B) a provision in this p olicy, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law;
(3) the applicant has provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed small wireless facility cannot be deployed in compliance with the applicable provisions in this p olicy, the Municipal Code, the general plan and/or any specific plan;
(4) the applicant has provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed small wireless facility;
(5) the applicant has demonstrated that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed small wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area;
(6) the exception requested by the applicant does not compromise or excuse compliance with any fire safety or other public safety standard; and
(7) the exception is narrowly tailored such that any deviation from this policy is only to extent necessary for compliance with federal or state law.
(c) Evidentiary Standard. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this Section 15.
The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for an exception.
Small Wireless Facilities Policy (City of Pleasanton) page 47 / 47 (d) Expert Review. Independent expert and/or consultant review , including legal review, will generally be appropriate when considering an exception request, which shall be at the applicant’s cost in the same manner as described in Section 8.
Section 16. VIOLATIONS
Any use or condition caused or permitted to exist in violation of any provision of this policy shall be and hereby is declared a public nuisance and may be subject to: (a) injunctive relief as set forth in Municipal Code Chapter 1.16 (Injunctive Relief); ( b) administrative citations as set forth in Municipal Code Chapter 1.24 (Administrative Citations); (c) administrative remedies as set forth in Municipal Code Chapter 1.28 (Administrative Remedies); (d) abatement pursuant to Municipal Code Chapter 9.28 (Pr operty Maintenance); and (e) any and all applicable processes and procedures pursuant to the Municipal Code, including but not limited to Chapter 18.140 (Penalties), California Code of Civil Procedure § 731, or any other remedy available to the City.
El
igible Facilities Requests Policy (City of Pleasanton) page 1 / 26 CITY OF PLEASANTON POLICY NO. [RESERVED]
Adopted: April 21, 2026
GENERAL SUBJECT: COLLOCATIONS AND MODIFICATIONS TO EXISTING
WIRELESS FACILITIES SUBMITTED AS ELIGIBLE FACILITIES REQUESTS
TABLE OF CONTENTS
SECTION 1. INTRODUCTION AND BACKGROUND ................................................................ 2 SECTION 2. PURPOSE AND INTENT .................................................................................. 3 SECTION 3. DEFINITIONS ................................................................................................ 3 SECTION 4. APPLICABILITY .............................................................................................. 9 SECTION 5. REQUIRED PERMITS AND APPROVALS ............................................................ 9 SECTION 6. ADMINISTRATIVE ORDERS AND REGULATIONS ............................................... 10 SECTION 7. PERMIT APPLICATIONS ................................................................................ 10 SECTION 8. PEER AND INDEPENDENT CONSULTANT REVIEW ........................................... 12 SECTION 9. APPROVALS; DENIALS; APPEALS ................................................................. 13 SECTION 10. STANDARD CONDITIONS FOR APPROVED PERMITS ........................................ 14 ATTACHMENT 2
RESOLUTION EXHIBIT C
Eligible Facilities Requests Policy (City of Pleasanton) page 2 / 26
Section 1. INTRODUCTION AND BACKGROUND
On February 22, 2012, Congress adopted Section 6409 of the Middle Class Tax Relief and Job Creation Act. This statute generally requires that state and local governments “may not deny, and shall approve” certain additions and modifications to existing wireless facilities that do not substantially change existing facility’s physical dimensions. 1 Applications covered by this statute are deemed “eligible facilities requests.”2
On October 21, 2014, the Federal Communications Commission adopted detailed regulations to interpret and implement Section 6409.
3 The FCC regulations define
statutory terms, prohibit certain application requirements, limit application review periods and deem applications automatically granted when the state or local government fails to act within the applicable timeframe. In 2015, t he United States Court of Appeals for the Fourth Cir cuit upheld the FCC’s regulations against a legal challenge by local governments.
4 On June 10, 2020, the FCC adopted additional regulations purporting to clarify its rules to interpret and implement Section 6409.
5 These additional regulations specified what
steps an applicant must take for the shot clock to commence, modified what constitutes a substantial change to a wireless facility and clarified the circumstances under which an environmental assessment is not r equired. On November 3, 2020, the FCC adopted further regulations that defined wireless facility site boundaries and allowed certain additional excavation and deployment of transmission equipment beyond existing site boundaries.
6 In 2024, the United States Court of Appeals for the Ninth Circuit overturned the FCC's interpretation of the term "conceal" and limited the FCC's attempt to restrict enforcement of pre-existing permitting conditions, but otherwise upheld the FCC’s interpretations that required express evidence to enforce a pre- existing permitting conditions within the Section 6409 process, gave localities less discretion as to when the Section 6409 shot clock begins , imposed no total cumulative limit on the number of additi onal cabinets attached to poles , and permitted greater height increases than FCC rules previously allowed.
7 1 See 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 U.S.C. § 1455(a).
2 47 U.S.C. § 1455(a)(2).
3 See In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies , WT Docket No. 13-238, Report and Order, 30 FCC Rcd. 31 (Oct. 21, 2014); 47 C.F.R. §§ 1.6100 et seq. 4 See Montgomery Cty. v. FCC, 811 F.3d 121 (4th Cir, 2015). 5 See In re Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19 -250, RM- 11849, Declaratory Ruling and Notice of Proposed Rulemaking, 35 FCC Rcd. 5977 (Jun. 10, 2020). 6 See In re Implementation of State and Local Governments’ Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19 -250, RM- 11849 (Nov. 3, 2020); 47 C.F.R. §§ 1.6100 et seq.
7 League of California Cities v. FCC, 118 F.4th 995 (9th Cir. 2024).
Eligible Facilities Requests Policy (City of Pleasanton) page 3 / 26 On April 21, 2026, and pursuant to Section 18.110.050 of the Municipal Code, the City Council adopted this policy to conform the City’s permit process for eligible facilities requests to federal standards in Section 6409 and the FCC’s regulations.
Section 2. PURPOSE AND INTENT
(a) The City intends this policy to establish reasonable, uniform and comprehensive standards and procedures for eligible facilities requests proposed within the City’s territorial and jurisdictional boundaries, consistent with and to the extent permitted under federal and California state law.
(b) The standards and procedures contained in this policy are intended to, and should be applied, consistent with federal and state law, to protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community.
(c) This policy is also intended to reflect and promote the community interest by: (1) ensuring that an appropriate balance between public and private interests are maintained; (2) protecting the City’s visual character and property values from potential adverse impacts or visual blight created or exacerbated by wireless facilities and related communications infrastructure; (3) protecting and preserving the City’s environmental resources; (4) protecting the City’s residential neighborhoods and other family -oriented environments; and (5) ensuring appropriate placement of high-quality, advanced wireless services for the City’s residents, businesses and visitors.
(d) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s abilit y to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; or (6) otherwise authorize the City to violate any applicable federal or California state law.
Section 3. D
EFINITIONS
The abbreviation, phrases, terms and words used in this policy will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms
Eligible Facilities Requests Policy (City of Pleasanton) page 4 / 26 or words in this section will have the meanings assigned to them in 1 U.S.C. § 1, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings.
The definitions in this policy shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Municipal Code.
However, if any definition assigned to any phrase, term or word in this chapter conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded.
(a) “appellate authority” means the City official or appointed/elected body responsible for review of approval authority decisions and vested with authority to consider and decide appeals. For appeals from the approval authority, the appellate authority shall be the City Manager or their designee.
(b) “approval authority ” means the City official or appointed/elected body responsible for application review and vested with the authority to approve, conditionally approve or deny such applications as provided in this policy. The approval authority for applications in connection with eligible facilities requests shall be the Director or their designee.
(c) “base station” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), which defines that term as follows:
A structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)(9) or any equipment associated with a tower.
(i) The term includes, but is not limited to, 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.
(ii) The term includes, but is not limited to, 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-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. §
1.6100(b)(1)(i) through (ii) of 47 C.F.R. § 1.6100 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 such support.
Eligible Facilities Requests Policy (City of Pleasanton) page 5 / 26
(iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. §
1.6100(b)(1)(i)–(ii) of 47 C.F.R. § 1.6100.
Note: As an illustration and not a limitation, the FCC’s definition 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 and transmission towers, 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.
(d) “City” means the City of Pleasanton, California.
(e) “City Council” means the City Council of the City of Pleasanton, California.
(f) “City Manager” means the City Manager of the City of Pleasanton, California or the City Manager’s designee.
(g) “collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), 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 effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.
(h) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
(i) “Department” means the City of Pleasanton Community and Economic Development Department.
(j) “Director” means the City of Pleasanton Community and Economic Development Department Director or the Community and Economic Development Department Director’s designee.
(k) “EFR Approval” means the permit approval required by the City of Pleasanton Community and Economic Development Department in connection with an eligible facilities request subject to this policy.
(l) “eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new
Eligible Facilities Requests Policy (City of Pleasanton) page 6 / 26 transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”
(m) “eligible support structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.”
(n) “existing” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), which provides that “[a] constructed tower or base station is existing for purposes of the FCC’s Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”
(o) “FCC” means the “Federal Communications Commission ”, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
(p) “Fire Safety Authority” means the Livermore-Pleasanton Fire Department or their designee.
(q) “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. Ministerial permits may include, without limitation, any building permit, construction permit, electric al permit, excavation permit, traffic control permit, encroachment permit and/or any similar over -the-counter approval issued by the City’s departments.
(r) “Municipal Code” means the City of Pleasanton Municipal Code.
(s) “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
(t) “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), which defines the term as facilities that provide personal wireless services.
(u) “RF” means radio frequency.
(v) “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 U.S.C. § 1455(a).
Eligible Facilities Requests Policy (City of Pleasanton) page 7 / 26 (w) “shot clock” means the presumptively reasonable time defined by the FCC, or time specified under state law, if applicable, in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
(x) “site” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boun daries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.”
(y) “substantial change” or “substantially change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), which defines that term differently based on the particular facility type and location. For clarity, the definition in this policy organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.
(1) For towers outside the public rights-of-way, a substantial change occurs when:
(A) the proposed collocation or modification increases the overall height more than 10% or the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet (whichever is greater); or
(B) the proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
(C) the proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
(D) the proposed collocation or modification involves excavation or deployment outside the current boundaries of the leased or owned property surrounding the wireless tower by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.
(2) For towers in the public rights -of-way and for all base stations, a substantial change occurs when: