PUBLIC HEARING - NON-ADJUDICATIVE
Date: October 6, 2026
Subject:
Consider amendments to Chapter 17.73 of the Rancho Palos Verdes Municipal Code pertaining to wireless telecommunication facilities on private property Recommendation:
Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.73 (WIRELESS TELECOMMUNICATION FACILITIES ON PRIVATE PROPERTY) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
TO ENCOURAGE WIRELESS DEVELOPMENT AND UPDATE THE REGULATORY
FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES ON PRIVATE PROPERTY IN ACCORDANCE WITH FEDERAL AND CALIFORNIA LAW (CASE NO.
PLCA2026-0001).
1. Report of Notice Given: City Clerk Takaoka
2. Declare Public Hearing Open: Mayor Seo
3. Request for Staff Report: Mayor Seo
4. Staff Report & Recommendation: Amy Seeraty, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony: General Public 3 Minutes Each.
7. Council Questions of Public Testimony (factual and without bias):
8. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Seo
9. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
10. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision.
CITYOF RANCHO PALOS VERDES
CITY COUNCIL MEETING DATE: 10/06/2026
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consider amendments to Chapter 17.73 of the Rancho Palos Verdes Municipal Code pertaining to wireless telecommunication facilities on private property.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.73 (WIRELESS
TELECOMMUNICATION FACILITIES ON PRIVATE PROPERTY) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
ENCOURAGE WIRELESS DEVELOPMENT AND UPDATE THE REGULATORY
FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES
ON PRIVATE PROPERTY IN ACCORDANCE WITH FEDERAL AND
CALIFORNIA LAW (CASE NO. PLCA2026-0001).
FISCAL IMPACT: There is no fiscal impact to adopt the proposed Wireless Telecommunication Facilities Ordinance on private property (Title 17 – Zoning). The proposed code amendments are intended to encourage future development of wireless facilities and costs associated with that are borne by the applicant as part of the application fees. VR
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Brandy Forbes, AICP, Community Development Director APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. __ for Chapter 17.73 (page A-1)
a. Exhibit A – Clean Copy of proposed code amendments
b. Exhibit B – Redlined Copy of proposed code amendments B. P.C. Resolution No. 2026-06 (Linked)
C. May 5, 2026 City Council Report (Linked)
1 CITYOF RANCHO PALOS VERDES
D. May 5, 2026 City Council Minutes (Linked)
EXECUTIVE SUMMARY:
• Cellular service in the City is provided through wireless telecommunication facilities (WTFs) on private property and within the public right-of-way (PROW) as either macro cells (larger facilities such as towers, rooftop equipment, or faux trees) or micro cells, also known as small wireless facilities (SWFs) that are typically mounted on existing utility or streetlight poles.
• Residents have recently reported increasingly poor service and dropped calls, raising public safety concerns, particularly during emergencies. • Staff have been working with wireless carriers on potential amendments to the RPVMC to facilitate increased installation of wireless facilities to provide better coverage throughout the City.
• Wireless carriers have proposed amendments to Chapter 17.73 such as streamlining the permitting process, allowing taller and larger facilities, eliminating the mock-up construction requirement, and limiting opportunities for public review and community feedback.
• Staff reviewed the wireless carriers’ proposed amendments to Chapter 17.73 and are asking the City Council to consider approving, modifying, and rejecting selected amendments, with the goal of balancing and incentivizing increased installation of wireless facilities on private property with the community’s aesthetic and quality of life concerns.
• It should be noted that even if the City Council were to agree to every amendment proposed by the carriers, because the carriers are private companies, they are under no obligation to install wireless facilities. Carriers typically install new wireless facilities in more densely populated areas with less regulation or more lenient code requirements.
• On September 15, 2026, the City Council approved Ordinance No. 701, amending RPVMC Chapter 12.18 (Wireless Telecommunication Facilities in the Public Rightof-Way). The proposed amendments to Chapter 17.73 are intended to complement and accompany the amendments to Chapter 12.18, providing a coordinated regulatory framework for wireless telecommunication facilities located on both public and private property.
BACKGROUND:
Existing Wireless Telecommunication Facilities
Cellular service in the City is provided through WTFs, which may be installed on private property or within the PROW as either macro cells (larger facilities such as towers, or faux trees) or micro cells, also known as SWFs that are typically mounted on existing utility or streetlight poles. WTFs are regulated by the Federal Communications Commission (FCC), which limits the extent of local regulation, though the City may oversee permitting, 2 design and development standards, maintenance, and aesthetics consistent with FCC rules.
Chapter 17.73 Wireless Telecommunication Facilities on Private Property of the RPVMC governs WTF installations on private property and establishes permitting, design, development, maintenance, and aesthetic standards consistent with applicable federal and state law. The City’s regulations emphasize minimizing aesthetic impacts while facilitating wireless service improvements.
In an effort of improving wireless service throughout the City with the installation of more WTFs, the City Council directed Staff to work with the wireless carriers that serve the community to better understand their concerns for both private property and PROW, and identify potential code amendments to address them. At the conclusion of these discussions, the City Council wanted the carriers’ concerns and proposed amendments to be brought back at a future meeting, so that they could consider initiating appropriate amendments to the RPVMC.
Code Amendment Initiation
Staff and the City Attorney met with the Cellular Telecommunications Industry Association (CTIA), a nonprofit trade association representing the U.S. Wireless Communications Industry, and several of the carriers on December 5, 2024, April 3, 2025, and June 5, 2025, to discuss how the RPVMC could be amended to encourage and incentivize the installation of WTFs in the PROW and on private property without compromising aesthetics and the City’s quality of life.
At the December 5, 2024 meeting, two of the carriers, AT&T and Verizon, provided proposed edits to Chapters 17.73 and 12.18 of the RPVMC for private property and the PROW respectively. Staff and the City Attorney completed their initial review of the carriers’ requested code amendments and prepared responses, which were transmitted to the carriers in January 2026 and presented to the City Council at the February 17, 2026 meeting for initial feedback. Staff’s proposed responses attempted to find a balance between the carriers’ requests and the City’s concerns, goals, and commitments to the community and its quality of life including aesthetics.
On February 17, 2026, the City Council provided some preliminary feedback, initiated the code amendment process, and directed Staff to return with proposed code amendments for City Council consideration.
Original Proposed Code Amendments
A total of 65 amendments to RPVMC Chapter 17.73 were originally proposed by Verizon and AT&T based on their concerns with the current code language. Staff also proposed initiating 11 new definitions and/or miscellaneous amendments. For wireless facilities on private property, the carriers requested code amendments that would streamline permit processes, eliminate the mock-up construction requirement, and limit opportunities for public review and community feedback.
3 A summary of the carrier concerns and requests is provided in Table No. 1 below.
Table No. 1 - Carrier Concerns & Requests
Code Amendment
Concern
Concern and Request Description
1 Height Limitations Concern: The existing 16-foot height limits (maximum without processing of additional permits) are arbitrary and prohibitive.
Request: Freestanding up to 60 feet in height, or up to 15 feet over the roofline if on a building.
2 Mock-Up
Construction
Requirements
Concern: The mock-up construction requirement requires
prohibitive expenses and time in the construction of the temporary structure.
Request: Eliminate
3 Appeal Processes Concern: Too many layers of appeals.
Request: Appeals of an Administrative Wireless Facility Permit should go directly to the City Council and there should be no option to appeal an Eligible Facility Request Permit (EFR).
4 Master Plan
Requirement
Concern: Network planning is proprietary information that constantly evolves based on changing technology,
regulations, and customer demand.
Request: Eliminate
5 Community Meeting
Requirements
Concern: Would delay the permitting process while the FCC shot clock is still running.
Request: Make voluntary.
6 Pre-application
Meeting
Requirements (EFR
permits)
Concern: Would delay the permitting process while the FCC shot clock is still running.
Request: Make voluntary
7 Design and
Location Standards
Concern: Excessive cost, impractical and/or not specific enough.
Request:
• Remove the requirement to place accessory equipment
underground.
• Remove the requirement to design facilities to be as
visually unobtrusive as possible.
• Revise the radius for alternative locations to 1/4 mile or 1,320 feet.
• Antenna volume should not be limited.
• The proposed 200-foot separation requirement for
wireless facilities should not apply to concealed facilities or collocations.
4 Code Amendment
Concern
Concern and Request Description
8 Consultant Purpose
and Costs
Concern: Scope of consultant’s involvement is too broad.
Request: City should be the entity paying the consultant.
Eliminate the assistance of the consultant with permit
application completeness or accuracy from the scope of
work.
9 Requirement for
compliance with
City’s View
Preservation and
Restoration
Ordinance.
Concern: Would be prohibitive and could lead to late stage denials.
Request: Eliminate
10 Coverage Maps Concern: Coverage maps are proprietary.
Request: Eliminate
11 Collocation
Definition
Concern: Staff-proposed definition not correct.
Request: Fix
After reviewing the requested code amendments based on direction from the City Council during the February 17, 2026 meeting, Staff recommended modifying 54 and rejecting 11 of the provider-proposed amendments. The recommended proposed amendments include minor clerical edits, new definitions, streamlined code requirements, and deletion and/or replacement of existing code provisions.
On April 14, 2026, the Planning Commission reviewed the original proposed code amendments presented by Staff and provided recommendations to the City Council in P.C. Resolution No. 2026-06 (Attachment B). Unlike other chapters in the RPVMC, the Planning Commission functions in an advisory role for amendments proposed to the City’s Zoning Code (Chapter 17 of the RPVMC).
On May 5, 2026, the City Council reviewed the proposed amendments to RPVMC Chapter 17.73 (as well as Chapter 12.18 for wireless facilities in the PROW) including the Planning Commission’s recommendations. After considering information presented at the meeting, including public testimony, the City Council, on a vote of 2-3, did not adopt the proposed code amendments.
Since the May 5, 2026 City Council meeting, Staff has met with the carriers and provided a condensed summary of the proposed edits that would be provided to the City Council for reconsideration at a future meeting. The City Council is now being asked to reconsider the amendments in the attached draft ordinance (Attachment A) amending RPVMC Chapter 17.73 - Wireless Telecommunication Facilities on Private Property that was originally presented to the City Council on May 5, 2026. The proposed Chapter 17.73 amendments are being presented as a companion update to the amendments to Chapter
12.18 approved by the City Council through Ordinance No. 701 on September 15, 2026.
If deemed acceptable, the City Council is being asked to introduce the Ordinance this 5 evening to approve the modified code language, with a second reading adoption consideration at the October 20, 2026 City Council meeting as Consent Calendar item.
DISCUSSION:
In California, cities may regulate WTFs on private property through zoning, siting, height, setbacks, aesthetics/design, landscaping and screening, and other reasonable land-use standards, so long as the regulations do not effectively prohibit wireless service or discriminate among providers. Local governments may also require permits and impose conditions addressing visual impacts, concealment, equipment placement, noise, lighting, and compatibility with surrounding development. However, federal law—particularly the Telecommunications Act—limits local authority over RF emissions and requires that decisions not unreasonably discriminate or prohibit or have the effect of prohibiting the provision of wireless service.
Regarding Chapter 17.73, this means the City can generally use objective design and concealment requirements—such as screening cables/equipment, minimizing visual impacts, and requiring facilities to blend with existing structures—as part of its land-use regulation, provided those requirements remain legally supportable under federal and state telecommunications law.
The proposed code amendments to Chapter 17.73 of the RPVMC are outlined below.
There have been no substantive changes in the recommended amendments since the May 5th meeting, aside from further clarifications and explanations. Table No. 2 below summarizes the 11 salient topics related proposed code amendments for WTFs on private property for the City Council’s consideration this evening. From left to right, the table presents the topic, a summary of the existing Code, the proposed change recommended by Staff, and how the change may impact the City (for detailed code language see the attached draft ordinance in Attachment A).
Similar to the ordinance proposed at the May 5th meeting, the proposed amendments include minor clerical edits, new definitions, streamlined code requirements, and deletion and/or replacement of existing code provisions. The proposed amendments do not diminish or eliminate aesthetic or quality of life requirements, and retain public notification requirements albeit within a smaller notification radius.
Table No. 2 – Proposed Code Amendments
Topic Current Code Proposed Change Impact
Height
Limitations
Wireless facilities
are generally
limited to 16 feet
in height without
additional permit
processing. The
carriers
Allow a concealed or
unconcealed tower or
antenna mounted on
an existing building
facade to extend to
the highest point of
the building with an
Provides additional
flexibility for buildingmounted facilities, while
retaining the 16-foot limit
for freestanding/nonbuilding-mounted
facilities unless
6 Topic Current Code Proposed Change Impact
requested
substantially
greater height
allowances,
stating that the
existing 16-foot
limit was
arbitrary and
prohibitive.
Specifically,
Verizon
requested to
allow any tower
or antenna of
any wireless
telecommunicati
ons facility to
extend up to 60
feet in height, or
up to 15 feet
over the roofline
if installed on a
building. AT&T
requested to
allow any nonconcealed tower
or antenna of
any wireless
telecommunicati
ons facility to
extend up to 20
feet above the
zone height limit,
and to allow a
concealed
wireless
telecommunicati
ons facility to
extend up to
fifteen 15 over
rooftop height, or
up to 50 feet for
a fully concealed
freestanding
Administrative
Wireless Facility
Permit. For a roofmounted facility, an
Administrative
Wireless Facility
Permit would be
required with all
applicable findings.
Facilities not
mounted on an
existing building
facade or roof would
remain limited to 16
feet unless a taller
height is approved
under the exemption
provisions of RPVMC
§ 17.73.070 or
through a Conditional
Wireless Facility
Permit.
additional review is
completed. This should
facilitate additional
deployment while
retaining aesthetic
control for taller
freestanding facilities.
7 Topic Current Code Proposed Change Impact
wireless
telecommunicati
ons facility.
Mock-Up
Construction
Requirements
A mockup/physical
visual
representation is
required for
applicable major
wireless
telecommunicati
on facilities.
Photo
simulations are
also required as
part of the
application
submittal.
Eliminate the existing
mock-up requirement
and revise RPVMC §
17.73.040(B)(9) to
allow additional
options for physically
representing a
proposed facility, in
conjunction with
photographs and
visual simulations.
Reduces the time and
expense associated with
constructing a temporary
mock-up, while retaining
visual review through
photo simulations and
other physical visualrepresentation options.
Appeal
Processes
Appeals of an
Administrative
Wireless Facility
Permit are
subject to
Planning
Commission
review before
City Council
consideration;
EFR Permits
have separate
appeal
provisions.
Allow appeals of both
Administrative
Wireless Facility
Permits and EFR
Permits to go directly
to the City Council,
bypassing Planning
Commission review,
to address FCC shotclock constraints.
Streamlines the appeal
process and reduces an
additional review step,
while retaining City
Council review as the
final appeal level.
Master Plan
Requirement
A master
deployment plan
identifying
existing and
proposed
wireless facility
locations for the
next two years is
required as part
Replace the existing
master plan
requirement with a
more streamlined
technical report
addressing why a
wireless
telecommunication
facility is needed at
Reduces the amount of
proprietary and future
network-planning
information required
from applicants, while
retaining information
needed by the decisionmaker and community to
understand the need for
the proposed facility.
8 Topic Current Code Proposed Change Impact
of the application
submittal.
the proposed
location.
Community
Meeting
Requirements
Community
meetings are
required for
applicable WTF
applications, with
the option for the
Director to
require a
community
meeting for an
Administrative
Wireless Facility
Permit or an EFR
Permit.
Make the community
meeting requirement
voluntary and
remove the Director's
ability to require a
community meeting
for an Administrative
Wireless Facility
Permit or EFR
Permit.
Streamlines processing
for Administrative and
EFR Permits, which
Staff determined are
less likely to have
impacts on neighboring
properties, while public
notification requirements
will remain in place to
maintain community
engagement.
Preapplication
Meeting
Requirements
(EFR permits)
A pre-application
meeting is
required for
Eligible Facility
Permit requests.
Make the preapplication meeting
for an Eligible Facility
Permit voluntary
instead of
mandatory.
Provides applicants
flexibility and avoids
requiring a preapplication meeting that
would start the FCC
shot-clock permitprocessing timeframe for
an EFR Permit.
Design and
Location
Standards
The Code
requires
accessory
equipment to be
placed
underground and
includes design
and location
standards
intended to
minimize visual
impacts. The
proposed
amendments
also address
separation
between wireless
facilities.
Remove the
requirement to place
accessory equipment
underground and
instead require the
equipment to be fully
screened to the
satisfaction of the
Director. The
proposed
amendments retain
visual compatibility
standards. Clarify
that the 200-foot
separation provision
does not apply to
Eligible Facility
Requests by adding
an exception for
approvals under
Provides greater
flexibility where
undergrounding is costly
or impractical, while
continuing to require
screening and visual
compatibility. The
separation clarification
avoids applying the 200-
foot provision to EFR
Permits while retaining
the standard for
applicable facilities.
9 Topic Current Code Proposed Change Impact
RPVMC § 17.73.220.
Retain the stronger
mandatory term
“shall” for screening.
Consultant
Purpose and
Costs
The City may
retain an
independent
telecommunicati
ons consultant to
review wireless
facility
applications, and
the applicant is
responsible for
consultant costs
and required
deposits.
No substantive
change to the City's
independent
consultant authority,
consultant review, or
applicant
responsibility for
consultant costs.
No substantive impact.
The City retains its
existing authority to
obtain independent
technical review, and
applicants continue to be
responsible for
applicable consultant
costs.
Requirement
for
compliance
with City’s
View
Preservation
and
Restoration
Ordinance.
Wireless facility
projects are
required to
comply with the
City's View
Preservation and
Restoration
Ordinance.
No change to the
requirement for
applicable wireless
facility projects to
comply with the City's
View Preservation
and Restoration
Ordinance.
Continues the City's
existing view-protection
framework and allows
view considerations to
remain part of the review
of applicable wireless
facility projects.
Coverage
Maps
Coverage-map
requirements are
included within
the general
wireless facility
application
submittal
requirements.
(EFR Permits are
subject to
separate
submittal
requirements
under RPVMC §
17.73.220 that
do not include
coverage maps.)
Clarify in RPVMC §
17.73.040(B) that the
general submittal
requirements,
including coveragemap requirements,
do not apply to EFR
Permits, which are
instead subject to the
separate
requirements in
RPVMC §
17.73.220(E).
Clarifies the distinction
between general
wireless facility
applications and EFR
Permits without adding a
new coverage-map
requirement to Eligible
Facility Requests.
10 During the May 5, 2026 meeting, Councilmember Bradley asked what protections are in place to ensure carriers are responsible for removing wireless equipment and restoring a site if a facility is abandoned, including in the event of bankruptcy or a similar circumstance. For wireless telecommunications facilities on private property, Chapter
17.73 of the RPVMC requires the permittee or property owner to remove the facility and related improvements within 90 days after expiration, revocation, decommissioning, or a determination of abandonment, and to restore the site to a condition consistent with applicable codes and the surrounding area. The permittee and property owner are also responsible for the City's costs associated with removal and restoration, and the City may use any available financial security measure required as part of the facility permit to recover those costs, including a lien that may be placed on all abandoned personal property and the real property on which the abandoned wireless telecommunications facility is located, for all costs incurred in connection with any removal, repair, restoration and storage performed by the City.
Unlike Section 12.18.090(E) of the RPVMC, which requires a 100-percent performance bond for wireless facilities in the public right-of-way, Chapter 17.73 does not currently establish a specific minimum bond amount for private-property facilities. Moving forward, Staff will review existing and future private-property wireless facility permits to ensure that appropriate financial security and removal/restoration provisions are included and maintained.
Topic Current Code Proposed Change Impact
Collocation
Definition
The definition of
“Collocation” in
the proposed
code language
required
clarification
because it did
not clearly apply
to non-EFR
Permits.
Revise the definition
of “Collocation” to
apply to all permit
types: “Collocation”
includes the
mounting or
installation of
transmission
equipment for the
purpose of
transmitting and/or
receiving radio
frequency signals or
communications
purposes, whether or
not there is an
existing antenna on
the structure.
Provides a clearer,
permit-type-neutral
definition of collocation
and ensures the term
applies consistently to
wireless facility
applications, including
applications that are not
EFR Permits.
11 ADDITIONAL INFORMATION:
Public Notification and Comments
On September 17, 2026, notice of the proposed Chapter 17.73 code amendments were published in the Palos Verdes Peninsula News announcing Code Amendment proceedings to be heard by the City Council on October 6, 2026. To date, no written comments have been received by the City. Any written comments or correspondence received subsequent to the transmittal of this staff report will be provided to the City Council as late correspondence.
Carrier Participation at the October 6th City Council Meeting Staff invited and encouraged representatives from Verizon, AT&T, and T-Mobile, among other wireless telecommunications-related companies, to attend and be available to answer questions and provide additional information at the October 6 meeting. In the event the representatives attend the meeting, they may request additional time to present, which would be approved at the Mayor’s discretion.
Next Steps
If the ordinance is introduced this evening, the second reading adoption consideration is scheduled for the October 20, 2026 City Council meeting as a Consent Calendar item. If adopted, the amended code language will go into effect 30 days after passage.
Recent WTFs on Private Property
Since the May 5, 2026 City Council meeting, Staff have been working with different carriers to process various types of WTF permits. Specifically, Staff recently processed a Director-level extension to an existing Conditional Use Permit for a T-Mobile macro site at Ryan Park, as well as an Eligible Facilities Request for extensive upgrades to an existing Verizon WTF site at 6410 Palos Verdes Drive South (St. Peter’s by the Sea Presbyterian Church). Staff are also working with T-Mobile on processing a Director-level extension to an existing Conditional Use Permit for a T-Mobile macro site at 29661 S.
Western Avenue, which is a multi-family residential building.
Verizon Project at Hesse Park
Staff have previously reported to the City Council that Verizon was considering relocating an existing macro facility attached to a building on Ocean Crest Drive to a proposed 50- foot camouflaged monopole at Hesse Park, which would require a Conditional Wireless Facility Permit and City Council authorization. As reported in the May 5, 2026, Staff Report, no application had been submitted at that time, and Verizon indicated that it was still internally reviewing the project. No additional updates have been provided by Verizon at this time.
12 CONCLUSION:
Introduce an ordinance amending Chapter 17.73 (Wireless Telecommunication Facilities on Private Property) of Title 17 (Zoning) of the RPVMC (Case No. PLCA2026-0001).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration:
1. Identify specific code criteria within RPVMC Chapter 17.73 that should or should not be amended.
2. Direct Staff to continue working with the carriers on proposed amendments and return to the City Council at a future meeting for further consideration.
3. Direct Staff to take no action at this time.
4. Take other action, as deemed appropriate.
13 01203.0015/985390.1 Ordinance No. 682
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.73 (WIRELESS
TELECOMMUNICATION FACILITIES ON PRIVATE
PROPERTY) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO ENCOURAGE
WIRELESS DEVELOPMENT AND UPDATE THE
REGULATORY FRAMEWORK AND STANDARDS FOR
PERMITTING WIRELESS FACILITIES ON PRIVATE
PROPERTY IN ACCORDANCE WITH FEDERAL AND
CALIFORNIA LAW (CASE NO. PLCA2026-0001)
WHEREAS, Chapter 17.73 (Wireless Telecommunications Facilities on Private Property) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates the placement of commercial and noncommercial antennas within the City; and WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the City’s first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the development, design, and location of commercial antennas; and WHEREAS, on April 5, 1988, Ordinance No. 226 was adopted to amend the relevant code section to incorporate additional regulations consistent with the Federal Communications Commission (FCC) and to govern satellite dish antennas; and WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted to amend and reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which included provisions for commercial, satellite, ham radio, and television antennas; and WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §
17.76.020 to include provisions for regulating noncommercial amateur radio antennas; and
WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend RPVMC § 17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial amateur radio antennas and support structures which can be erected without a permit from the City; and
WHEREAS, on November 15, 2011, Ordinance No. 529 was adopted to amend RPVMC § 17.76.020(A)(11) to add two new requirements for commercial antenna applications, including the submittal of photographic simulations and the installation of mock-ups; and
WHEREAS, on September 27, 2018, the Federal Communications Commission (“FCC”) commenced issuance of a series of new rulemaking decisions/regulations that significantly limit state and local management of wireless telecommunications A-1
Ordinance No. ___
installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location, siting and aesthetics, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend RPVMC § 17.76.020(C) and (D) to update the development standards for noncommercial amateur radio antennas; and
WHEREAS, on October 4, 2022, the City Council authorized the initiation of code amendment proceedings to consider amending Title 17 (Zoning) and adopted Ordinance No. 655U, to establish a temporary 45-day moratorium on the entitlement, establishment, expansion or modification of antennas governed pursuant to RPVMC § 17.76.020; and WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 670U, to extend the moratorium period enacted by Interim Ordinance No. 655U by an additional 10 months and 15 days, to allow Staff adequate time to research and prepare code amendment proceedings to amend RPVMC § 17.76.020; and WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 673U, to extend the moratorium period enacted by Interim Urgency Ordinance No. 655U and Urgency Ordinance No. 670U by an additional year, to allow Staff adequate time to research and prepare code amendment proceedings to amend RPVMC § 17.76.020; and WHEREAS, on June 18, 2024, the City Council adopted Ordinance No. 682, which repealed RPVMC § 17.76.020 (Antennas), and replaced it with Chapter 17.73 (Wireless Telecommunication Facilities on Private Property) to (i) be consistent with the FCC, federal and state rules and regulations, (ii) harmonize the City' s land use development standards for private property installations with Chapter 12.18 of Title 12 pertaining to right-of-way wireless installations, and (iii) lawfully maintain the City's exercise of aesthetic control over wireless telecommunications facilities; and WHEREAS, after Ordinance No. 682 was adopted, pursuant to requests by various wireless carriers and the direction of the City Council, the City seeks to streamline the existing regulations and procedures to encourage wireless development, consistent with and subject to federal and California state law, for compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), Pub. L. 112-96, codified in Title 47 of the United States Code section 1455(a), and related Federal Communications Commission regulations codified in Title 47 of the Code of Federal Regulations section 1.6001 et seq (“Project”), while still preserving the public health, safety, welfare, historic semi-rural character, and aesthetics of the City; and WHEREAS, Staff held several meetings with the Wireless Code Update Subcommittee in February and March 2026 to discuss carrier and Staff-proposed updates A-2
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to Chapter 17.73 (Wireless Telecommunication Facilities on Private Property), with particular attention to where the City has authority to regulate and how to incentivize carriers to improve coverage in “dead” zones; and
WHEREAS, on April 14, 2026, the Planning Commission conducted a duly-noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2026-06, recommending that the City Council adopt the same, with modifications recommended by the Planning Commission, and finding the project exempt from CEQA; and, WHEREAS, the proposed code amendments were reviewed by the City’s Community Development Department and Planning Commission, and found consistent with the City’s General Plan and the RPVMC, among other things; and WHEREAS, on April 16, 2026, a notice was published in the Palos Verdes Peninsula News, providing notice of a public hearing before the City Council on May 5, 2026 pursuant to the requirements of the RPVMC; and
WHEREAS, on May 5, 2026, the City Council considered the merits through a duly noticed public hearing. After considering evidence presented into the record including public testimony, the City Council voted 2-3 on a motion to adopt the proposed code amendments. The motion failed and the project did not move forward for a second reading at that time.
WHEREAS, the ordinance reflecting the proposed code amendments has been resubmitted for introduction and first reading following the failure of the previous motion on May 5, 2026; and
WHEREAS, on September 17, 2026, a notice was published in the Palos Verdes Peninsula News, providing notice of a public hearing before the City Council on October 6, 2026 pursuant to the requirements of the RPVMC; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings:
A. The above recitals are true and correct and incorporated herein by this reference.
Section 2. Chapter 17.73 (Wireless Telecommunication Facilities On Private Property) of Article VII (Development Application and Review) of Title 17 (Zoning) is amended to read as shown at Exhibit “A”.
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Section 3. The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because it modernizes the City’s regulations for wireless telecommunications facilities and provides greater flexibility to accommodate evolving wireless technologies and communication needs, while continuing to protect the City’s environmental, aesthetic, view, and neighborhood character resources. Specifically, the Code Amendment is consistent with the following Goals and Policies of the City's General Plan:
1. Circulation Element Goal No. 1: “Ensure adequate public utilities and communication services to all residents, while considering environmental, aesthetic and view impacts.” Circulation Element, pg. C-2.
2. Circulation Element Policy No. 52: “Balance the need to accommodate wireless communications coverage in the community with the need to protect and maintain the quality of the environment for residents.” Policy No. 52 further encourages co-location of facilities and the use of evolving wireless communication technologies to minimize impacts. Circulation Element, pg. C-8.
3. Land Use Element Goal No. 1: “Provide for land uses that will be sensitive to and enhance the natural environment and character of the City; supply appropriate facilities to serve residents and visitors; promote fiscal balance; and protect the general health, safety, and welfare of the City.” Section 4. The City Council finds that pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et. seq. (“CEQA”), the State’s CEQA Guidelines, California Code of Regulations, Title 14, §15000 et. seq., the City’s Local CEQA Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances Statement), it has been determined that the proposed code amendment is exempt from CEQA because (a) this proposed code amendment is not a project within the meaning of CEQA §15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly; (b) this proposed code amendment is also exempt pursuant to CEQA §15061(b)(3) since the proposed ordinance involves an code amendment and does not have the potential to significantly impact the environment; and (c) as the code amendment is an administrative procedure related to uses, facilities, and regulations identified in the RPVMC and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Installations, if any, would further be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new A-4
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construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land).
Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 6. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes.
Section 7. Effective Date. This Ordinance shall go into effect at 12:01AM on the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on this 20th day of October 2026.
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. ___ passed first reading on October 6, 2026, was duly and regularly A-5
Ordinance No. ___
adopted by the City Council of said City at a regular meeting thereof held on October 20, 2026, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
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Exhibit “A”
CLEAN COPY
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.73.010. - Purpose.
17.73.020. - Definitions.
17.73.030. - Standards generally applicable to all wireless telecommunications facilities.
17.73.040. - Application content.
17.73.050. - Independent consultant review.
17.73.060. - Collocation and modification standards.
17.73.070. - Exemptions to prevent an effective prohibition.
17.73.080. - Compliance report.
17.73.090. - Maintenance.
17.73.100. - Amortization of nonconforming facilities.
17.73.110. - Permit extensions.
17.73.120. - Temporary wireless facilities.
17.73.130. - Revocation.
17.73.140. - Decommissioned or abandoned wireless telecommunications facilities.
17.73.150. - Wireless telecommunications facilities removal or relocation.
17.73.160. - Reserved.
17.73.170. - Compliance obligations.
17.73.180. - Conflicts with prior ordinances.
17.73.190. - Duty to retain records.
17.73.200. - Severability.
17.73.210. - Wireless telecommunications facilities on private property.
17.73.220. - Eligible wireless telecommunications facilities.
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17.73.230. - Amateur radio facilities.
17.73.240. - Over-the-air reception devices.
17.73.010. Purpose.
A. The purpose of this chapter is to reasonably regulate, to the extent permitted under California and federal law, the installations, operations, collocations, modifications, replacements and removals of various wireless telecommunications facilities ("WTFs") on private property in the city recognizing the benefits of wireless telecommunications while reasonably respecting other important city needs, including the protection of public health, safety, and welfare, aesthetics and local values.
B. The overarching intent of this chapter is to make wireless telecommunications reasonably available while protecting scenic views and preserving the semi-rural character and aesthetics of the city. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design, siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations where other such facilities already exist; and
3. Encouraging the installation of such facilities where and in a manner such that potential adverse aesthetic impacts to the community are minimized.
C. To allow the city to better preserve its semi-rural and unique character, it is the intent to limit the duration of WTF permits, in most cases, to terms of ten years, and to reevaluate existing WTFs at the end of each term for purposes of further minimizing aesthetic impacts on the community.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications services; or
2. Unreasonably discriminate among providers of functionally equivalent wireless telecommunications services; or
3. Regulate the placement, construction or modification of WTFs on the basis of the environmental effects of radio frequency ("RF") emissions where it is demonstrated that the WTF does or will comply with the applicable FCC regulations; or
4. Prohibit or effectively prohibit collocations or modifications that the city must approve under state or federal law.
E. The provisions in this chapter shall apply to all permit applications to install, operate or change, including, without limitation, to collocate, modify, replace or remove, any new or existing wireless tower or base station within the city.
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F. Nothing in this chapter is intended to allow the city to preempt any state or federal law or regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, any obligations a WTF permit holder may have under any franchises, licenses, or other permits issued by the city.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.020. Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be defined as defined at Section 12.18.020, wireless telecommunication facilities in the public right-of-way. In addition, the following definitions shall apply to this chapter:
Antenna means that specific device for transmitting and/or receiving radio frequency or other signals for purposes of wireless telecommunications services. "Antenna" is specific to the antenna portion of a wireless telecommunications facility Antenna height means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and it associated support structure when fully extended.
City-owned structure without limitation means any pole, building, facility, transportation or traffic sign or other structure owned by the city.
Collocation includes the mounting or installation of transmission equipment for the purpose of transmitting and/or receiving radio frequency signals or communications purposes, whether or not there is an existing antenna on the structure.
Concealed or concealment means camouflaging techniques that integrate the antennas and accessory equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but may recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to:
(1) Facade or rooftop mounted pop-out screen boxes;
(2) Equipment cabinets painted or wrapped to match the background; and (3) Antennas mounted within a radome on a utility pole; (4) An isolated or standalone faux tree.
CPUC means the California Public Utilities Commission or its successor agency.
Director means the community development director or their designee.
Eligible facility permit or EFP means a permit for an eligible facilities request that meets the criteria found in Section 17.73.220.
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Mock-up means a temporary, full-sized, structural model built to scale chiefly for study, testing, or displaying a wireless telecommunications facility. It is nonfunctional and has no power source.
Nonresidential zone means any zoning district other than the RS, single-family residential zone, or RM, multifamily residential zone.
OTARD antenna means antennas covered by the "over-the-air reception devices" rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
Private property means any property owned by a private individual or entity, including government owned property such as any property owned in fee by the city or dedicated for public use (i.e., parks).
Screening means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm, and/or other specially designed device, utilizing materials that match the surrounding site, with immediately adjacent screening of an antenna preferred, versus perimeter screening of the site, so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground." Unconcealed means a wireless telecommunications facility that is not a concealed facility and has no or effectively no camouflage techniques (such as those described in the definition of “Concealed or concealment”) applied such that the wireless telecommunications facility and/or accessory equipment is plainly obvious to the observer.
Wireless facilities provider means an entity utilized by a wireless service provider to construct and/or operate the wireless service provider's wireless facility.
Wireless facility permit, administrative or AWFP means any new facility or collocation or modification to an existing facility that is concealed in a nonresidential zone and integrated into the facade and design of an existing structure or building. If on an existing utility pole in a nonresidential zone, the facility must be integrated into the pole, well designed, and does not substantially change the appearance of the pole as determined by the director.
Wireless facility permit, conditional or CWFP means any new facility, collocation, or modification to an existing facility on private property that is unconcealed, located in a less preferred location, unconcealed in a preferred location, or does not meet the criteria for either an administrative wireless facility permit or an eligible facility permit.
Wireless service provider means the FCC licensed or authorized entity actually offering wireless services to the public.
WTF means wireless telecommunications facility as defined by Section 12.18.020.
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(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.030. Standards generally applicable to all wireless telecommunications facilities.
A. Height restrictions.
1. A concealed or unconcealed tower or antenna of any wireless telecommunications facility shall comply with the following height limits, unless otherwise approved pursuant to Section 17.73.070.
a. If mounted on the side of an existing building facade, up to the highest point of the building which can be a main roof ridge, top of parapet, or a roofmounted structure such as an elevator penthouse. b. If mounted on top of the roof of an existing building, height approval shall be subject to an Administrative Wireless Facility Permit pursuant to section
17.73.030(E)(2).
c. If not mounted on an existing building facade and/or roof, up to 16 feet in height, unless the height is otherwise approved pursuant to section
17.73.070 or section 17.73.030(E)(1).
2. The height limitations in subsection (A)(1) of this section are subject to preemption including pursuant to 47 C.F.R. Section 1.6100.
B. Installation of WTFs. Prior to the installation of a new wireless telecommunications facility or a modification or collocation to an existing wireless telecommunications facility that does not constitute an "eligible facilities request" nor qualify for an eligible facility permit, the owner, or occupant with written permission from the owner of the lot, premises, parcel of land or building on which a wireless telecommunications facility is to be located shall first obtain a conditional wireless facility permit or administrative wireless facility permit from the city pursuant to this chapter.
C. Installation of eligible facilities. Unless specifically exempt by federal or state law, all applications for the installation of wireless telecommunications facilities that constitute "eligible facilities requests" require the approval of an eligible facility permit as described in Section 17.73.220 prior to construction of such eligible facility.
D. Exempted facilities. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over-the-air reception devices (OTARD) antennas, up to three on a property;
3. Facilities owned and operated by the city for its use; or
4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this A-11
chapter, then the terms of this chapter shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect.
Nothing in the exemption shall apply so as to preempt the city's valid exercise of police powers that do not substantially impair franchise contract rights; E. Required permits. All proposed facilities and collocations or modifications to facilities governed under this chapter shall be subject to either a Conditional Wireless Facility Permit or an Administrative Wireless Facility Permit from the city, unless exempted from this chapter as an eligible facility permit under Section
17.73.220.
1. Conditional Wireless Facility Permit.
a. A Conditional Wireless Facility Permit is required for any new facility or collocation or modification to an existing facility located on private property as follows:
i. All facilities in less preferred locations, as defined in subsection
17.73.210(C)(1)(b);
ii. All unconcealed facilities in preferred locations, as defined in subsection 17.73.210(C)(1)(a); and
iii. All other facilities that do not meet the criteria for either an administrative wireless facility permit described herein or an eligible facility permit described in Section 17.73.220.
b. Approval of a Conditional Wireless Facility Permit for a wireless telecommunications facility shall be subject to the following findings:
i. All standards and regulations contained in Section 17.73.210, and any amendments or modifications to the facility as approved by resolution of the planning commission at a noticed public hearing; ii. No wireless communications facility proposed within 200 feet from any dwelling lawfully used or approved for a residential use may not be approved unless the proposed facility meets all of the following criteria:
(A) All accessory equipment associated with the proposed wireless communications facility is screened to the satisfaction of the Director.
The Director must determine that all accessory equipment associated with the proposed wireless communications facility is fully screened from off-site vantage points;
(B) The proposed wireless communications facility is located a minimum of 200 feet from any other wireless communications facility, unless otherwise approved pursuant to Section 17.73.220.
(C) Applicant shall provide justification in terms of coverage and/or capacity as to why height in excess of the limits described in section
17.73.030(A) is requested.
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c. A wireless telecommunications facility application must include all of the contents described in Section 17.73.040.
d. All decisions for a wireless telecommunications facility must be in writing and contain the reasons for approval or denial.
e. All approved or deemed-approved wireless telecommunications facilities shall be subject to all the conditions imposed by the planning commission. f. Noticing requirements and appeal provisions shall follow the procedures described in Chapter 17.80 (hearing notice and appeal procedures).
2. Administrative Wireless Facility Permit.
a. An Administrative Wireless Facility Permit is required for any new facility or collocation or modification to an existing facility as follows:
i. All concealed facilities in a nonresidential zone that are integrated into the facade and design of an existing building;
ii. All concealed facilities on an existing structure, other than a utility pole, in a nonresidential zone;
iii. Wireless telecommunication accessory equipment that is incidental to and part of the provision of a public utility, including electrical power, gas, and sewerage, in accordance with a franchise agreement with the city.
b. Approval of an Administrative Wireless Facility Permit shall be subject to the following findings:
i. A wireless telecommunications facility application must include all of the contents described in Section 17.73.040.
ii. All standards and regulations described in Sections 17.73.050 and
17.73.210, and any amendments or modifications to the facility as approved by the director.
iii. No concealed wireless telecommunications facility proposed within 200 feet from any dwelling used or approved for a residential use may be permitted unless the proposed facility meets all of the following criteria:
(A) All non-antenna accessory equipment associated with the proposed wireless telecommunications facility is placed underground or concealed if visible;
(B) No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in volume;
(C) The cumulative antenna volume on any single pole does not exceed nine cubic feet; and
(D) For facilities not concealed within a building, the proposed wireless telecommunications facility must be located a minimum of 200 feet A-13
from any other wireless telecommunications facility located along the same side of a street, unless the existing facility is concealed into the facade or design of a building, and a minimum of 200 feet from any street intersection, unless otherwise approved pursuant to section
17.73.220.
c. All approved wireless telecommunications facilities shall be subject to all the conditions imposed by the director.
d. All decisions for an administrative wireless facility permit must be in writing and contain the reasons for approval or denial. Notice of said decision shall be given to the applicant and to all owners of real property adjacent to subject property. Notice of denial shall be given to the applicant, as well as any persons who have requested notice for these the subject permit, pursuant to subsection 17.80.090(E).
e. An interested person may appeal the director's decision to the city council within 15 days of the director’s decision, in accordance with the notice and appeal procedures set forth into Chapter 17.80 (hearing notice and appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.040. Application content.
A. The director shall develop and publish, and from time-to-time modify and republish, an application or applications to be used to apply for permits or extensions thereof.
B. An application package (excluding eligible wireless telecommunications facilities applications, which are instead subject to the submittal requirements in subsection
17.73.220.E) shall, at a minimum, include the following information for the application to be deemed submitted and for a shot clock, as described in 47 C.F.R. § 1.6003, to commence:
1. Legal description. A legal description of the property where the wireless telecommunications facility is to be installed.
2. Radius map and certified list. A radius map and a certified list of the names and addresses of all property owners within 500 feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor. The radius map and certified list may be reduced for AWFP and EFP applications at the discretion of the director.
3. Plot plan. A plot plan of the lot, premises or parcel of land showing the exact location of the proposed wireless telecommunications facility (including all related accessory equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.
4. Elevations and roof plan. Building elevations and roof plan (for building- and/or rooftop-mounted facilities) indicating exact location and dimensions of A-14
accessory equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.
5. Screening. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility.
6. Manufacturer's specification. Manufacturer's specifications, which may include installation specifications, exact location of cables, wiring, materials, and any support devices that may be required.
7. Visual impact letter. Except for Eligible Facilities Permits, as defined in Section
17.73.220, written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location and concealed and screened to the greatest extent feasible in accordance with the site selection and visual impact criteria of Section 17.73.210 and if applicable, the extent to which the proposed antenna assembly significantly impairs a view, as defined in Section
17.02.040, view preservation and restoration, of the development code.
8. Reasonable efforts to collocate required. Applicants proposing new wireless telecommunications facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to collocate the proposed facility on an existing facility, or antenna mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include all relevant information as applicable regarding existing towers or base stations in the area, topography, signal interference, signal propagation and available land zoning restrictions.
9. Photographs and visual simulations. Photographs and visual simulations shall be submitted to the extent necessary, as determined by the director, to demonstrate maintenance of existing concealment for Eligible Facilities Permits. For all other applications, visual simulation shall be submitted, and can consist of either a physical mock-up of the facility, balloon simulation, photo simulation, and/or other means acceptable to the director. a. If photo simulations are submitted, they shall be to scale, and show existing and post-project conditions, including all visible facility elements such as antennas at maximum height, equipment cabinets, cabling, support structures, concealment features, screening, and associated utilities. They shall also show the proposed facility in context of the site from the immediate neighborhood, including reasonable line-of-sight locations from public streets or other adjacent public and private viewing stations, as well as from nearby affected properties, together with a map that shows the photo location of each view angle, all as deemed acceptable by the director. b. Simulations incorporating landscaping shall generally depict anticipated tenyear growth. c. At least one simulation shall clearly illustrate how concealment or camouflage treatments will appear in practice.
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d. Visual simulations shall reflect accurate scale, coloration, configuration, and placement of all visible elements of the proposed facility. e. If a balloon test is used, it shall meet the following requirements:
i. Balloon diameter shall be no less than four (4) feet; ii. Balloon color shall be either red, orange, or yellow; iii. Balloon shall be anchored to the ground;
iv. The height at which the balloon is flown shall be the same as the combined height of the tower and its antennas
v. Balloons shall be flown starting either the next business day after the application is deemed complete for processing (administrative wireless facility permit), or the next business day after the public notice is published (conditional wireless facility permit), and at a minimum, continuously between the hours of 7:00 a.m. and 10:00 a.m. each day it is required to be flown. The balloon shall be flown for a minimum of two (2) days. Failure to maintain the balloon as specified above may result in a delayed decision.
vi. The applicant must notify the director in advance of the planned balloon test.
vii. The applicant is responsible for securing any FAA approvals, if required, prior to this demonstration.
viii. An alternate date must be planned for in the event that the weather is not conducive to a balloon test and if the test must be rescheduled due to weather conditions or any other reason, the applicant must notify the director of the cancellation and the rescheduled dates.
10. Coverage Information. A supplemental technical report demonstrating the necessity of the proposed facility shall be submitted, if required by the city. The supplemental technical report shall include: (1) RF coverage and/or capacity analysis identifying any existing gap or network deficiency; (2) proposed coverage improvements; (3) analysis of all feasible alternative sites and designs; and (4) certification by a qualified radio-frequency engineer.
Applications lacking this information shall be deemed incomplete.
11. Alternative analysis. Except for Eligible Facilities Permits, if required by the city, a siting analysis which identifies another feasible locations within or outside the city which could serve the area intended to be served by the facility. The alternative site analysis should include at least one collocation site, if feasible.
12. Noise study. If requested by the city, a noise study prepared and certified by an acoustical engineer licensed by the State of California for the proposed facility and all accessory including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations (RPVMC section A-16
8.24.060(A)(13). The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed accessory equipment relative to all adjacent property lines. In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed accessory equipment will not, both individually and cumulatively, exceed 65dBA as measured from the property line of any residential property. Within residential zones and properties adjacent to residential zones, soundproofing measures shall be used to reduce noise caused by the operation of a wireless telecommunications facility and all accessory equipment to no more than 65dBA, as measured from the property line of any residential property.
13. Certificate of public convenience and necessity. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to install WTFs in the city. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a true and complete copy of its CPCN.
14. DELETED.
15. RF exposure compliance report. An RF exposure compliance report prepared and certified by a licensed RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit. Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.
16. Written authorization from property owner required. Unless previously authorized by the private property owner, every applicant applying for authorization to construct, modify, or remove a wireless telecommunications facility located on private property must include with its application a written authorization signed by the owner of the property.
17. Other information. Except for Eligible Facilities Permits, as described in section
17.73.220, any other information as deemed necessary by the city in order to consider an application for a wireless telecommunications facility.
18. Fees. The application shall be accompanied by the appropriate fee in an amount as established by resolution of the city council. Pursuant to section
17.86.080, if a permit issued under Chapter 17.73 expires before an extension application is submitted, the required fees shall be doubled.
19. Community meeting. Though voluntary, the applicant, at its election, for which such review is being sought, is strongly encouraged to hold a community meeting by taking one or more of the following actions:
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a. Send written notice to both the owner(s) of real property, as shown on the latest equalized assessment roll, within 100 feet of the proposed wireless telecommunications facility and the city planning department, of the pendency of the filing of such an application, including with such notice copies of preliminary drawings of the proposed project at a scale no smaller than one inch equals 16 feet.
b. Hold an in-person or virtual community meeting before the date of the planning commission meeting at which the application will be heard, and invite the persons who receive notice pursuant to subsection (B)(19)(a) of this section to attend such meeting to discuss the proposed application.
The community meeting shall be held on a nonholiday weekend or during daylight hours and before 9:00 a.m. or after 5:00 p.m. on a weekday. The meeting may be held at the subject site; provided, however, that if the occupancy of the subject site by a tenant or physical conditions at the subject site make it unsafe or infeasible to provide a table and chairs at the subject site, the meeting may be held at another location within the city or virtually. The applicant may consider presenting the primary location and all alternative sites shall be presented to the community as well as the reasons for the selection of the primary location. Notice of the date, time and place of such meeting may be sent at least seven days before the meeting and shall be filed with the planning department. c. If the hearing on the application is continued by the planning commission, the applicant is encouraged, but not required, to hold a further meeting with the persons entitled to notice pursuant to (a) of this subsection at least one week prior to the continued hearing.
d. If a meeting pursuant to subsection (B)(19)(b) of this section results in any modifications to the project prior to the planning commission hearing on the project, the applicant may (1) notify the director of the proposed modifications, and (2) explain to the planning commission at the hearing on the matter any discrepancy between the project as proposed in any notice sent pursuant to subsection (B)(19)(a) of this section and the project as presented to the planning commission.
e. A community meeting may be required at the discretion of the director for an application for an administrative wireless facility permit or an eligible facility permit.
f. If the applicant does not take any of the actions described above, the City may elect to undertake any and all of the above actions.
20. Coverage maps which adequately identify the existing and proposed coverage.
Colors should be red=poor, yellow=fair, and green=good. Identify major streets and landmarks. Include a legend and identify existing and approved facilities by site name.
21. A typed mailing list of all property owners within a 500-foot radius or 100-foot (EFRs) radius of the subject property as measured from property lines, using A-18
the last equalized tax roll of the county assessor and any affected homeowners associations, and a vicinity map identifying all properties included on the mailing list.
C. Appeals. No decision on any wireless telecommunications facility application shall be considered final until and unless all appeals have been taken or are time-barred.
D. Effect of state or federal law change. In the event state or federal law prohibits the collection of any information described herein, the director is authorized to omit, modify or add to that request from the city's application form. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.050. Independent consultant review.
A. Authorization. The city council authorizes the director to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the director in connection with any permit application.
B. Scope. The director may require the independent consultant to review and comment on any issue that involves specialized or expert knowledge in connection with the application. Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
2. Planned compliance with applicable federal RF exposure standards;
3. Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;
4. Whether technically feasible and potentially available alternative locations and designs exist;
5. The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue that requires expert or specialized knowledge; and
6. Any other application issue or element that requires expert or specialized knowledge.
C. Deposit. The applicant must pay for the cost of any review required under subsection (B) of this section and for the technical consultant's testimony in any hearing as requested by the director and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant's testimony and expenses at any meeting where that testimony is requested by the director. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the director shall invoice the applicant who shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in the code.
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(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.060. Collocation and modification standards.
The modification or collocation of wireless facilities, not subject to the provisions of Section 17.73.220, shall be denied if any of the following will occur:
A. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site; B. The proposed collocation or modification would defeat or diminish the existing concealment elements of the support structure as determined by the director; C. The proposed collocation or modification violates any section of this Chapter, or any prior condition of approval for the site;
D. If the site is not presently concealed, the proposed collocation or modification does not provide for camouflage.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.070. Exemptions to prevent an effective prohibition.
All requests granted under this section are subject to review and consideration by the planning commission. The applicant always bears the burden to demonstrate why an exemption should be granted. An applicant seeking an exemption under this section on the basis that a permit denial would actually or effectively prohibit the provision of the telecommunications service to be provided by the wireless telecommunications facility must demonstrate that all alternative designs and locations are either technically infeasible or not available.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.080. Compliance report.
A. Except for Eligible Facilities Permits, as defined in section 17.73.220, within 30 days after installation or modification of a WTF, the applicant shall deliver to the director a written report that demonstrates that its WTF as constructed and normally operating fully complies with the conditions of the permit, including height restrictions and applicable safety codes, including structural engineering codes.
The demonstration shall be provided in writing to the director containing all technical details to demonstrate such compliance and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by the city at the sole expense of the applicant, which shall promptly reimburse the city for its review expenses. The director may require additional proofs of compliance as part of the application process and on an ongoing basis to the extent the city may do so consistent with federal law.
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(Supp. No. 3)
B. If the initial report required by this section shows that the WTF does not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the applicant demonstrates to the city's satisfaction that the WTF is compliant. Applicant shall promptly reimburse the city for its compliance review expenses.
C. If the initial report required by this section is not submitted within the time required, the city may, but is not required to, undertake such investigations as are necessary to prepare the report described in subsection A of this section. Applicant shall within five days after receiving written notice from the city that the city is undertaking the review, deposit such additional funds with the city to cover the estimated cost of the city obtaining the report. Once said report is obtained by the city, the city shall then timely refund any unexpended portion of the applicant's deposit. The report shall be provided to the applicant. If the report shows that the applicant is noncompliant, the city may suspend the permit until the applicant demonstrates to the city's satisfaction that the WTF is compliant. During the suspension period, the applicant shall be allowed to activate the WTF for short periods, not to exceed 120 minutes during any 24-hour period, for the purpose of testing and adjusting the site to come into compliance.
D. If the WTF is not brought into compliance promptly, the city may revoke the permit and require removal of the WTF.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.090. Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and related accessory equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.100. Amortization of nonconforming facilities.
A. Any nonconforming facility in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this section. As used in this section, the "fair market value" will be the construction costs listed on the building permit application for the subject facility and the "minimum years" allowed will be measured from the date on which this chapter becomes effective.
Fair Market Value on Effective Date Minimum Years Allowed Less than $50,000.00 5
$50,000.00 to $500,000.00 10
Greater than $500,000.00 15
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(Supp. No. 3)
B. The director may grant a written extension to a date certain not greater than one year when the facility owner shows (1) a good faith effort to cure nonconformance, and (2) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The director must not grant any permanent exemption from this section.
C. Nothing in this section is intended to limit any permit term to less than ten years. In the event that the amortization required in this section would reduce the permit term to less than ten years for any permit granted on or after December 1, 2023, then the minimum years allowed will be automatically extended by the difference between ten years and the number of years since the city granted such permit.
Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under Section 6409 pursuant to Section 17.73.220 on the basis that the subject wireless telecommunications facility is a legal nonconforming facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.110. Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration may be extended for an additional ten-year term upon the following conditions:
A. Every application for an extension shall be:
1. Made on the extension application form provided by the city; and
2. Accompanied by a fee in an amount as established by resolution of the city council.
B. The extension application may be developed and revised from time to time at the director's discretion. The extension application shall at a minimum require the following:
1. The identification of the wireless site requested to be extended; and
2. A true and complete copy of all city-issued permits for the site including any collocations at the site.
C. The extension application shall be approved by the director only upon the following mandatory showings:
1. That the site as it exists at the time the extension application is submitted is in all respect compliant with all applicable city permits for the site, including collocations; and
2. If the site as it exists at the time the extension application is submitted would be approvable consistent with the city's Code in existence at that time.
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(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.120. Temporary wireless facilities.
A. Temporary wireless facilities, also known as a cell-on-wheels ("COW"), site-onwheels ("SOW"), cell-on-light-trucks ("COLT"), or other similarly portable wireless telecommunications facilities not permanently affixed to the land, may be placed and operated within the city with a Special Use Permit approved by the director.
B. By placing a temporary wireless facility pursuant to this section the entity or person placing the temporary wireless facility agrees to and shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("claims") brought against the city or its agents, officers, officials, employees or volunteers for any and all claims of any nature related to the installation, use, nonuse, occupancy, removal, and disposal of the temporary wireless facility.
C. The temporary wireless facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary wireless facility, along with the notice of decision for the special use permit.
D. Any temporary wireless facilities placed pursuant to this section must be removed prior to or at the expiration of the Special Use Permit. In addition, the temporary wireless facilities must be removed or relocated within one day if required for public safety reasons by law enforcement, fire or public safety officials. In the event that the temporary wireless facility is not removed or relocated as required in this section, the city may at its sole election remove and store or remove and dispose of the temporary wireless facility at the sole cost and risk of the person or entity placing the temporary wireless facility.
E. Should there be an emergency such that temporary wireless facility is needed immediately to restore service, any person or entity that places temporary wireless facilities pursuant to this section must send the director or city manager an email notice or deliver a written notice by hand within 30 minutes of the placement that identifies the emergency, impact to service or operations, site location of the temporary wireless facility and person responsible for its operation. Said notice shall be followed by a written notice and Special Use Permit application delivered within 12 hours to the director or city manager via prepaid U.S. mail first overnight delivery, such as U.S. Postal Express Mail or its equivalent. Should the Special Use Permit be denied, the temporary wireless facility must be removed immediately. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.130. Revocation.
A. Grounds for revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or law provision applicable to the facility.
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(Supp. No. 3)
B. Revocation procedures.
1. When the director finds reason to believe that grounds for permit revocation exist, the director shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee's last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice, but no more than 30 days unless authorized by the director, to cure the noncompliance or show that no noncompliance ever occurred.
2. If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the city council shall conduct a noticed public hearing to determine whether to revoke the permit for the uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the city council. After the noticed public hearing, the city council may revoke or suspend the permit when it finds that the permittee had notice of the noncompliance and an enforceable permit, permit condition or law applicable to the facility. Written notice of the city council's determination and the reasons therefor shall be dispatched by certified U.S. mail, return receipt requested, to the permittee's last known address. Upon revocation, the city council may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.140. Decommissioned or abandoned wireless telecommunications facilities.
A. Decommissioned wireless facilities. Any permittee that intends to decommission a wireless telecommunications facility must send 30-days prior written notice by certified U.S. mail to the director. The permit will automatically expire 30 days after the director receives such notice of intent to decommission, unless the permittee rescinds its notice within the 30-day period.
B. Procedures for abandoned facilities or facilities not kept in operation.
1. To promote the public health, safety and welfare, the director may declare a facility abandoned when:
a. The permittee notifies the director that it abandoned the use of a facility for a continuous period of 90 days; or
b. The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the director that states the basis for the director's belief that the facility has been abandoned for a continuous period of 90 days; or
c. The permit expires and the permittee has failed to file a timely application for renewal.
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2. After the director declares a facility abandoned, the permittee shall have 90 days from the date of the declaration (or longer time as the director may approve in writing as reasonably necessary) to:
a. Reactivate the use of the abandoned facility subject to the provisions of this chapter and all conditions of approval;
b. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned facility; or c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.
3. If the permittee fails to act as required in subsection (B)(2) of this section within the prescribed time period, the city council may deem the facility abandoned and revoke the underlying permit(s) at a noticed public meeting in the same manner as provided in subsection (B)(2) of this section. Further, the city council may take any legally permissible action or combination of actions reasonably necessary to protect the public health, safety and welfare from the abandoned wireless telecommunications facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.150. Wireless telecommunications facilities removal or relocation.
A. Removal by permittee. The permittee or property owner must completely remove the wireless telecommunications facility and all related improvements, without cost or expense to the city, within 90 days after:
1. The permit expires; or
2. The city council properly revokes a permit pursuant to subsection
17.73.130(B); or
3. The permittee decommissions the wireless telecommunications facility; or
4. The city council deems the wireless telecommunications facility abandoned pursuant to subsection 17.73.140(B); or
5. Within the 90-day period, the permittee or property owner must restore the former wireless telecommunications facility site area to a condition compliant with all applicable codes and consistent with and/or compatible with the surrounding area.
B. Removal by city. The city may, but is not obligated to, remove an abandoned wireless telecommunications facility, restore the site to a condition compliant with all applicable codes and consistent with and/compatible with the surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed wireless telecommunications facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate in its sole A-25
discretion. The last-known permittee or its successor-in-interest and the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. A lien may be placed on all abandoned personal property and the real property on which the abandoned wireless telecommunications facility is located for all costs incurred in connection with any removal, repair, restoration and storage performed by the city. The city clerk shall cause such a lien to be recorded with the County of Los Angeles clerk-recorder's office.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.160. Reserved.
17.73.170. Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Code, this chapter, any permit, any permit condition or any applicable law or regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by the applicant or permittee.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.180. Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city regulation or ordinance adopted prior to the effective date of this chapter, the provisions in this chapter will control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.190. Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other regulatory approvals (collectively, the "records") issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.200. Severability.
In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or A-26
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(Supp. No. 3)
otherwise invalid, the invalid portion shall be severed from this section and shall not affect the validity of the remaining portions of this section. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this section irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this section might be declared unconstitutional, preempted or otherwise invalid.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.210. Wireless telecommunications facilities on private property.
A. Purpose. The following procedures and design standards shall be required for the installation of wireless telecommunications facilities within private property, except for Eligible Facilities Requests pursuant to section 17.73.220. These criteria are intended to guide and facilitate applicants in locating and designing facilities and accessory equipment in a manner that will be compatible with the purpose, intent, and goals of this section. It is the intent of the city to use its time, place, and manner authority to protect and preserve the aesthetics of the city.
B. Permit required.
1. Installation of wireless telecommunications facilities located on private property will be subject to this chapter.
2. Applicants shall apply for a Conditional Wireless Facility Permit or Administrative Wireless Facility Permit for any wireless telecommunications facility that it seeks to place on private property.
C. Design standards. The following general design guidelines shall be considered for regulating the location, design, and aesthetics for a wireless telecommunications facility:
1. Site selection criteria.
a. Preferred locations. When doing so would not conflict with one of the standards set forth in this subsection or with federal law, wireless telecommunications facilities shall be located in the most preferred location as described in this subsection, which range from the most preferred to the least preferred locations on private property. i. Location on a new or existing building in a nonresidential zoning district including institutional and cemetery districts but not open space districts.
ii. Location on an existing city-owned structure in a nonresidential zoning district with a facility designed with concealment elements. iii. Location on a new concealed structure in a nonresidential zoning district.
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iv. Located more than 200 feet of a residential building or residential lot, excluding out-buildings, unless concealed in or on a nonresidential building (e.g., churches, temples, etc.).
b. Less preferred locations. To the extent feasible, facilities shall not be located in the following areas:
i. Environmentally sensitive areas including the Palos Verdes Nature Preserve and those areas with coastal sage scrub governed by Chapter 17.41 (coastal sage scrub conservation and management); ii. Installations that would be in violation of Section 17.02.040, view preservation and restoration;
iii. On a structure, site or in a zoning district designated as a local, state or federal historical landmark, or having significant local historical value as determined by the city council.
c. No new facility may be placed in a less preferred location unless the applicant demonstrates to the reasonable satisfaction of the planning commission or director that no more preferred location can feasibly serve the area the facility is intended to serve; provided, however, that the planning commission or director may authorize a facility to be established in a less preferred location if doing so is necessary to prevent substantial aesthetic impacts.
d. All facilities (including all related accessory cabinet(s)) shall meet the setback requirements of the underlying zoning district and in no case shall any portion of a facility be located in a defined front yard or side yard, unless otherwise approved pursuant to section 17.73.070. e. In no case shall any part of a facility alter vehicular and/or pedestrian circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use is decreased) or interfere with the normal operation of the existing use of the site.
f. Any freestanding ground-mounted wireless telecommunications facility, including any related accessory cabinet(s) and structure(s), shall apply towards the allowable lot coverage for structures/buildings of the underlying zone.
g. Refer to section 17.73.030.A for maximum height requirements.
D. General standards.
1. Unless Government Code § 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire, unless extended pursuant to Section 17.73.110.
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2. Wireless telecommunications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
3. No permittee shall unreasonably restrict access to an existing antenna location if required to collocate by the city, and if feasible to do so.
4. All antennas shall be designed to prevent unauthorized climbing.
E. Visual impacts.
1. Facilities must comply with Section 17.02.040, view preservation and restoration, unless an exemption is granted pursuant to Section 17.73.070.
2. Facilities shall be designed to be as visually unobtrusive as possible, and shall be sited to avoid or minimize obstruction of views from adjacent properties.
3. Facilities shall not be of a bright, shiny or glare-reflective finish. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. The facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding; provided, that, wherever feasible, a light color shall be used to meet this requirement, as deemed acceptable by the director.
4. If feasible, the base station and all wires and cables necessary for the operation of a facility should be placed underground so that the antenna is the only portion of the facility that is above ground. If the base station is located within or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables attached to the base station be clipped and screened from public view.
5. Innovative design to minimize visual impact must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.
6. Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the facility and the grade of the site as related to surrounding nearby grades of properties and public street rights-of-way.
7. Landscaping or other screening shall be placed so that the antenna and any other aboveground structure is screened from public view. Landscaping or other screening required by this section shall be maintained by the permittee and replaced as necessary as determined by the director. All existing landscaping that has been disturbed by the permittee in the course of placement or maintenance of the wireless facility shall be restored to its original condition as existed prior to placement of the wireless facility by the A-29
permittee. Native vegetation shall be preserved to the greatest extent practicable.
8. Wireless telecommunications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening.
9. All building and roof-mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and shall be located to minimize visual impacts.
F. Undergrounding of accessory equipment. To preserve community aesthetics, all facility accessory equipment, excluding antennas, aboveground vents, to the greatest extent possible, be required to fully screened if visible from off-site, shall be fully enclosed, and not cross property lines. Accessory equipment may include, but is not limited to, the following: fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators.
Wherever possible, wireless metering shall be used. If wireless metering is not an option, electrical meter boxes related to wireless telecommunications facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas on and private property. Where it can be demonstrated that undergrounding of accessory equipment is infeasible due to conflict with other utilities, the director may approve alternative above-grade accessory equipment mounting when adequately screened from public view. Any approved above-grade accessory equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to interfere with or create hazards to pedestrians or motorists.
G. Noise attenuation measures. Within residential zones, and properties adjacent to residential zones, noise attenuation measures shall be used to reduce noise to comply with RPVMC section 8.24.060.A.13.
H. Applications deemed withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 90 days after the city deems the application incomplete in a written notice to the applicant. The director may, at the director's discretion, grant a written extension for up to an additional 30 days upon a written request for an extension received prior to the 90th day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.220. Eligible wireless telecommunications facilities.
A. Purpose. The purpose of this section is to adopt reasonable regulations and procedures, consistent with and subject to federal and California state law, for compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related A-30
Federal Telecommunications Commission regulations codified in 47 C.F.R. Section
1.6100.
1. Section 6409(a) generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove or replace a WTF at an existing tower or base station. FCC regulations interpret the statute and create procedural rules for local review, which generally preempt subjective land-use regulations, limit application content requirements and provide the applicant with a "deemed granted" remedy when the local government fails to approve or deny the request within 60 days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and accessory equipment), Section 6409(a) applies to all "wireless" facilities licensed or authorized by the FCC (e.g., wi-fi, satellite, or microwave backhaul).
2. The city council finds that the partial overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless telecommunications facilities deployment and deliberately planned community development in accordance with local values. The city council further finds that a separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will best prevent such confusion.
3. Accordingly, the city council adopts this section to reasonably regulate requests submitted for approval under Section 6409(a) to collocate, remove or replace WTFs at an existing wireless tower or base station, in a manner that complies with federal law and protects and promotes the public health, safety and welfare of the citizens of the city.
B. Prohibition of personal wireless service. This section does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless telecommunications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.
C. Eligible facility permit. Any request to collocate, replace or remove WTFs at an existing wireless tower or base station submitted for approval under Section 6409(a) shall require an Eligible Facility Permit subject to the director's approval, conditional approval or denial under the standards and procedures contained in this section. However, the applicant may alternatively elect to seek either a Conditional A-31
Wireless Facility Permit or an Administrative Wireless Facility Permit described elsewhere in this chapter.
D. Other regulatory approvals required. No collocation or modification approved under any Eligible Facility Permit may occur unless the applicant also obtains all other permits or regulatory approvals from other city departments and state or federal agencies. An applicant may obtain an Eligible Facility Permit concurrently with permits or other regulatory approvals from other city departments after first consulting with the director. Furthermore, any Eligible Facility Permit granted under this section shall remain subject to the lawful conditions and/or requirements associated with such other permits or regulatory approvals from other city departments and state or federal agencies.
E. Permit applications—Submittal and review procedures.
1. Permit application required. The director may not grant any eligible facility permit unless the applicant has submitted a complete application.
2. Permit application content. This section governs minimum requirements for permit application content and procedures for additions and/or modifications to Eligible Facility Permit applications. The city council directs and authorizes the director to develop and publish application forms, checklists, informational handouts and other related materials that describe required materials and information for a complete application in any publicly stated form. Without further authorization from the city council, the director may from time-to-time update and alter the permit application forms, checklists, informational handouts and other related materials as the director deems necessary or appropriate to respond to regulatory, technological or other changes. The materials required under this section are minimum requirements for any eligible facility permit application the director may develop. The forms and submittal checklists created by the director must comply with applicable federal statutes and regulations.
a. Application fee deposit. The applicable permit application fee established by city council resolution. In the event that the city council has not established an application fee specific to an Eligible Facility Permit, the established fee for an administrative wireless facility permit shall be required.
b. Prior regulatory approvals. Evidence that the applicant holds all current licenses and registrations from the FCC and any other applicable regulatory bodies where such license(s) or registration(s) are necessary to provide wireless services utilizing the proposed wireless telecommunications facility. For any prior local regulatory approval(s) associated with the wireless telecommunications facility, the applicant must submit copies of all such approvals with any corresponding conditions of approval. Alternatively, a statement that prior regulatory approvals were not required for the wireless telecommunications facility at the time it was constructed or modified.
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c. Site development plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a California-licensed engineer showing any existing wireless telecommunications facilities with all existing accessory equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. d. Specifications. Specifications that show the height, width, depth and weight for all proposed equipment. For example, dimensioned drawings or the manufacturer's technical specifications would satisfy this requirement. e. Photographs and photo simulations. To the extent necessary to demonstrate compliance with prior concealment conditions, photographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other affected adjacent viewpoints, together with a map that shows the photo location of each view angle. At least one photo simulation must clearly show the impact on the concealment elements of the support structure, if any, from the proposed modification.
f. RF exposure compliance report. An RF exposure compliance report prepared and certified by a licensed engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.
g. Justification analysis. A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. Section 1.6100 require approval for the specific project. The statement shall include a completed Eligible Facility Permit checklist provided by the City. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station; and (ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.
h. Noise study. A noise study prepared and certified by an acoustical engineer licensed by the State of California for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup A-33
power generators demonstrating compliance with the city's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits set out in the noise ordinance.
3. Pre-application meeting appointment. Prior to application submittal, applicants may schedule and attend a voluntary pre-application meeting, either virtual or in person, with city staff for all Eligible Facility Permit applications. Such preapplication meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project qualifies for an Eligible Facility Permit; any latent issues in connection with the existing tower or base station; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues.
Applicants may submit a written request for an appointment in the manner prescribed by the director. City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
4. Application submittal appointment. All applications for an Eligible Facility Permit must be submitted to the city at a pre-scheduled appointment, either virtual or in person. Applicants may submit up to three WTF site applications per appointment but may schedule successive appointments for additional applications whenever feasible by the director. Applicants must submit a written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
5. Application resubmittal appointment. The director may require application resubmittals be tendered to the city at a pre-scheduled appointment, either virtual or in person. Applicants may resubmit up to three individual WTF site applications per appointment but may schedule successive appointments for additional applications whenever feasible for the city. Applicants must submit a written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
F. Notice.
1. Notice of application submittal. Within 15 days after an applicant submits an application for an Eligible Facility Permit, written notice of the application shall be sent by the city via first-class United States mail to:
a. Applicant or its duly authorized agent;
b. Property owner or its duly authorized agent;
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c. All real property owners within 100 feet from the subject site as shown on the latest equalized assessment rolls;
d. Any person who has filed a written request with either the city clerk or the city council; and
e. Any city department that will be expected to review the application.
2. Notice content. The notice required under this section shall include all the following information:
a. A general explanation of the proposed collocation or modification; b. The following statement: "This notice is for information purposes only; no public hearing will be held for this application. Federal law may require approval for this application. Further, Federal Communications Commission regulations may deem this application granted by the operation of law unless the city approves or denies the application, or the city and applicant reach a mutual tolling agreement"; and c. A general description, in text or by diagram, of the location of the real property that is the subject of the application.
G. Approvals—Denials without prejudice. Federal regulations dictate the criteria for approval or denial of approval permit application submitted under Section 6409(a).
The findings for approval and criteria for denial without prejudice are derived from and shall be interpreted and applied in a manner consistent with such federal regulations.
1. Findings for approval. The director may approve or conditionally approve an application for an Eligible Facility Permit only when the director finds all of the following:
a. The application involves the collocation, removal or replacement of antennas and accessory equipment on an existing wireless tower or base station; and
b. The proposed changes would not cause a substantial change.
2. Criteria for a denial without prejudice. The director shall not approve an application for an Eligible Facility Permit when the director finds that the proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or
b. Involves a structure constructed or modified without all approvals required at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or d. Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.
3. All Eligible Facility Permit denials are without prejudice. Any "denial" of an Eligible Facility Permit application shall be limited to only the applicant request A-35
for approval pursuant to Section 6409(a) and shall be without prejudice to the applicant. Subject to the application and submittal requirements in this chapter, the applicant may immediately submit a new permit application for either a conditional wireless facility permit, administrative wireless facility permit, or submit a new and revised eligible facility permit.
4. Conditional approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the city's authority to conditionally approve an application for an Eligible Facility Permit to protect and promote the public health, safety and welfare.
H. Standard conditions of approval. Any Eligible Facility Permit approved or deemed granted by the operation of federal law shall be automatically subject to the conditions of approval described in this section.
1. Permit duration unchanged. The city's grant or grant by operation of law of an eligible facility permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city's grant or grant by operation of law of an Eligible Facility Permit shall not extend the term of the underlying wireless facility permit or any city-authorized extension thereto.
It is strongly recommended that the holders of any underlying wireless facility permits timely seek extensions of these underlying permits so as to avoid any interruption in the validity of an associated eligible facility permit.
2. Accelerated permit terms due to invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any eligible facility permit(s), such permit(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facility permits. A permittee shall not be required to remove its improvements approved under the invalidated eligible facility permit when it has submitted an application for either a conditional wireless facility permit or an administrative wireless facility permit for those improvements before the one-year period ends. The director may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.
3. No waiver of standing. The city's grant or grant by operation of law of an eligible facility permit does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible facility permit.
4. Compliance with all applicable laws. The permittee shall maintain compliance at all times with all federal, state and local laws, statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject site, the facility or any use or activities in connection with the use authorized in this permit. The permittee expressly acknowledges and agrees A-36
that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws.
5. Emergencies. The director may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
6. Contact information for responsible parties. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person who is responsible for the facility. All such contact information for responsible parties shall be provided to the director upon permit grant, annually thereafter, and permittee's receipt of the director's written request.
7. Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees (a) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit, and (b) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.
8. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Radio frequency emissions, to the A-37
extent that they comply with all applicable FCC regulations, are not considered to be adverse impacts to adjacent properties.
9. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission accessory equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
10. Graffiti abatement. Permittee shall remove any graffiti on the wireless telecommunications facility at permittee's sole expense subject to the provisions of Chapter 9.28 of the RPVMC (graffiti prevention and removal).
I. Notice of Decision—Appeals.
1. Notice of a decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of the decision shall be given to the applicant, as well as any persons who have requested notice for these types of permits, pursuant to subsection 17.80.090(E).
2. An interested person may appeal the director's decision to the city council within 15 days of the director’s decision, in accordance with the notice and appeal procedures set forth into Chapter 17.80 (hearing notice and appeal procedures) of this title.
3. Fees for an Eligible Facility Permit request and for an appeal of a determination thereon shall be levied as provided for by this Code and established by resolution of the city council.
4. No decision on any wireless telecommunications facility application shall be considered final until and unless all appeals have been taken or are timebarred. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.230. Amateur radio facilities.
A. Noncommercial amateur radio antennas.
1. Applicability. This section regulates noncommercial amateur radio antennas that are affixed to real property and antennas that are located on vehicles parked on lots which exceed 16 feet in height, as measured pursuant to the residential building height measurement methods described in Section
17.02.040, view preservation and restoration, of this title. This subsection does not regulate hand held antennas or antennas located on vehicles parked on lots which are 16 feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
2. General regulations. The installation, erection and/or replacement of noncommercial amateur radio antenna assemblies on lots for noncommercial purposes shall be reviewed by the director through either an antenna site plan A-38
review application or by the planning commission through a noncommercial amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be considered legal nonconforming: i) legally permitted by the city or the County prior to City incorporation, and which conform to the codes in effect when installed, but do not meet the provisions of this Code; and are ii) existing as of the effective date of this Code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s) support structure and shall be the maximum to which it is capable of being extended;
ii. For a ground mounted assembly or one mounted on an accessory structure, the height shall be measured from the highest point of the existing grade covered by the foundation of the structure to the maximum height to which the antenna assembly is capable of being extended; and
iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of this section, for an antenna assembly mounted on a main building or an accessory structure, height shall be measured from existing grade to the maximum height to which the antenna assembly is capable of being extended, pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
c. Noncommercial amateur radio antennas shall not be located within any front yard area, without approval of a variance pursuant to Chapter 17.64 (variances) of this title.
d. The use of antennas for noncommercial purposes shall mean that no commercial frequency is used for transmission or propagation, that there is no communication for hire or for material compensation, except as allowed by Federal Communications Commission (FCC) regulations, and that all applicable regulations are complied with at all times, including, without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil derrick style structures and no structures with guy wires shall be used or constructed, except as provided for in this section.
f. No signage shall be allowed on any noncommercial amateur radio antenna assembly, except for requisite safety text and other labeling required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all city, state and federal laws including Section 17.02.040, view preservation and restoration.
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h. A noncommercial antenna assembly subject to this section shall not be any closer to the property line than the required minimum side and rear yard setbacks for the subject lot without written city approval which shall take into consideration the site-specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to its minimum size and height when not in use or retracted as required in any conditions of approval issued by the city.
j. Each noncommercial amateur radio antenna shall be of a color or painted to minimize its reflectivity and blend with its surroundings as much as possible.
k. Upon the sale or transfer of the subject property any permit issued under this section shall not be transferable to any other person including a new property owner.
3. Antennas exempt. The following noncommercial amateur radio antenna assemblies may be constructed or installed on a lot without the approval of an antenna site plan review application or noncommercial radio antenna permit; a. The replacement of an existing antenna or antenna support structure with an outside diameter of three inches or less with a similar antenna or support structure.
b. Parabolic dish antennas which are one meter (39.37 inches) or less in diameter. This exemption shall not apply to parabolic dishes in excess of the height limit for the zone upon which the parabolic dish is located unless the applicant can establish an exemption pursuant to Section
17.73.070. Freestanding masts shall be measured from existing adjacent grade. Masts located on a building shall be measured from the point where the mast meets the roof surface.
c. Any combination of two different antenna assemblies from the following categories:
i. One antenna assembly which is located outside of any required setback areas and which is 16 feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
ii. One building mounted antenna assembly, located outside of any required setback areas, which does not exceed 12 feet in height, as measured from the point where the antenna assembly meets the roof surface, and which contains radiating elements, each of which does not exceed six feet in total length. If the antenna assembly is mounted onto the roof, or if any portion of the antenna assembly projects above the roofline, not more than one antenna may be affixed to antenna support structure.
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iii. One wire antenna assembly consisting of a single flexible wire, with a diameter not to exceed one-half inch, suspended between two supports, which if man-made do not exceed 41 feet in height as measured from adjacent existing grade, and located outside of any required setback areas.
iv. One vertical antenna assembly, located outside of any required setback areas, consisting of a single pole or mast with a maximum outside diameter of three inches or less with no guys or horizontal elements located higher than two feet above the ridgeline of the residence, and which does not exceed 41 feet in total height, as measured from adjacent existing grade.
4. Antenna site plan review approval.
a. Director review. Director approval of an antenna site plan review application is required for more than two antenna assemblies which are exempt pursuant to subsection (C)(3) of this section, and for any other nonexempt antenna assembly which does not exceed 41 feet in height.
The application may be approved provided the director finds as follows:
i. That adequate provision is made for safety;
ii. That all applicable building code requirements, such as wind load and seismic design criteria, and development code requirements, such setbacks, are met;
iii. That no more than one nonexempt antenna support structure will be located on the lot;
iv. That the placement of the antenna assembly does not significantly impair a view from any surrounding properties, as defined in Section
17.02.040, view preservation and restoration, of this title; and v. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting and texturing and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. b. Application. The antenna site plan review application shall be made upon forms provided by the city and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna assembly, and its relation to property lines, topography and all structures on the property, and two copies of an elevation drawing showing the proposed height, size, vertical and horizontal components, dimensions, color and material of the antenna(s) and antenna support structure. If a building permit is required pursuant to the California Building Code, three copies of the above plans are necessary;
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ii. A typed mailing list of all property owners within a 500-foot radius to the subject property, using the last equalized tax roll of the county assessor and any affected homeowners associations, and a vicinity map identifying all properties included on the mailing list. iii. A fee, as established by resolution of the city council. iv. Documentation demonstrating that the antenna assembly will comply with all other FCC standards related to radio frequency emissions in OET Bulletin 65, Supplement B. Said documentation shall state if the antenna is categorically exempt or demonstrate compliance with the standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas and installation, comply with FCC regulations related to interference and in the event the interference occurs, the applicant will take all steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct at the applicant's expense, a mock-up of the proposed antenna at the proposed location. Said mock-up shall be the same size and dimensions as the proposed antenna. The mock-up shall be coordinated under the direction of the director or his/her designee.
Once constructed, the silhouette shall be certified by a licensed engineer on a form provided by the city. In the alternative, the applicant may submit a photo simulation depicting the proposed antenna in size, height, and dimensions, as required by the city to depict the proposed antenna as it would appear from the surrounding areas, and deemed acceptable by the director.
c. Notice. Upon receipt of a complete antenna site plan review application, the director shall provide written notice of the application to the applicant, property owners within a 500-foot radius, any affected homeowners associations and any interested parties. No sooner than 15 days after the application notices are mailed, the director shall make a decision on the application. Notice of the director's decision shall be provided to the applicant, adjacent property owners, any affected homeowners associations, and any interested parties. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
B. Noncommercial amateur radio antenna permit. Except for antenna assemblies which are exempt pursuant to subsection (C)(3) of this section, antenna assemblies which exceed 41 feet in height or which involve the placement of more than one nonexempt antenna support structure on a lot shall require the approval of a noncommercial amateur radio antenna permit by the planning commission.
1. Application. Application for a noncommercial amateur radio antenna permit shall be made on forms provided by the city and shall include such plans and A-42
documents as may reasonably be required by the director, including submittal requirements for the antenna site plan review application in subsection (4)(b), for a complete understanding of the proposal and a filing fee in an amount established by resolution of the city council.
2. Notice. Upon receipt of a complete application for a noncommercial amateur radio antenna permit, the director shall provide written notice of the application to all owners of a property shown on the last known county assessor tax roll and homeowner associations located within a radius of 500 feet of the external boundaries of the property where the antenna assembly is proposed.
3. Action by planning commission. In granting a noncommercial amateur radio antenna permit, the planning commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a view, as defined in Section 17.02.040, view restoration and preservation, from a surrounding lot;
b. With respect to an antenna assembly that is used for amateur radio purposes, the degree to which refusing or conditioning the permit would interfere with the applicant's ability to receive and/or transmit radio signals on amateur frequencies. In evaluating this criterion the planning commission may establish a maximum height for the antenna assembly that reasonably accommodates the applicant's ability to receive and/or transmit radio signals on amateur frequencies and appropriately balances that right with the goals of the city's general plan and development code; c. That adequate provision is made for safety and that all applicable building code requirements such as wind load and seismic design criteria, and development code requirements such as setbacks, are met; d. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting, and texturing and to be compatible with existing architectural elements, building materials and other site characteristics.
The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impairment and to promote the goals of the general plan and development code, such as, but not limited to:
i. Location restrictions;
ii. Nesting restrictions;
iii. Array size restrictions;
iv. Mass of tower restrictions;
v. Height restrictions;
vi. Elimination of guy wires;
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vii. Addition of guy wires, if in the opinion of the planning commission allowing guy wires would minimize the aesthetic impacts; viii. Screening or camouflaging requirements, provided said requirements have not been shown to be cost prohibitive by the applicant, in which case a less costly alternative shall be imposed; and
ix. Compliance with any or all applicable regulations listed in subsection
17.76.020(C)(2) above.
f. That the following additional findings can be made for approval of more than one nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on the existing antenna assembly;
ii. The additional antenna assembly does not significantly impair a view from surrounding properties; and
iii. The additional antenna assembly balances the effects on the character of the neighborhood while reasonably accommodating the radio amateur operator's ability to transmit and receive radio amateur signals.
4. If the application is granted or conditionally granted, notice of the planning commission's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given to the applicant, as well as any persons who have requested notice for the subject permit, pursuant to subsection 17.80.090(E). The applicant or any interested person may appeal the planning commission's decision to the city council pursuant to Chapter
17.80 (hearing notice and appeal procedures) of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long as all conditions imposed are fully complied with, and the antenna structure is maintained in good repair.
C. State and federal law. The implementation of this section and decisions on applications for placement of noncommercial amateur radio antennas shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit use of the noncommercial amateur radio antenna, or otherwise violate applicable laws or regulations including but not limited to Government Code § 65850.3 and Section
97.15 of Title 47 of the Code of Federal Regulations. If that determination is made, the requirements of this section may be waived, but only to the minimum extent required to avoid the prohibition or violation. If an applicant contends that denial of the application would prohibit or effectively prohibit the use of the antenna in violation of federal law, or otherwise violate applicable law, the applicant must provide all information on which the applicant relies on in support of that claim. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
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17.73.240. Over-the-air reception devices.
A. Applicability. This section applies to all over-the-air reception devices (OTARD) in the city. "OTARD antennas" means antennas covered by the "over-the-air reception devices" rule in Title 47 of the Code of Federal Regulations, Sections 1.4000 et seq., as may be amended or replaced from time to time.
B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches (or one meter) or less in diameter or diagonal measurement.
2. Similar in height to other roof mounted appurtenances (e.g., chimneys) allowed for by this Code.
3. The antenna will not be installed in violation of Section 17.02.040, view preservation and restoration.
4. In the event that the antenna has to be installed such that it is readily visible from the public right-of-way it shall be professionally installed in a location to ensure minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or parking space.
6. If required by any law, rule or regulation the antenna shall be licensed with the FCC.
7. The antenna complies with all FCC radio frequency (RF) exposure limits and located such that it will minimize exposure to residents.
8. Only three antennas shall be allowed per dwelling unit in residential zoning districts or on legal nonconforming residential lots unless approved by the city pursuant to an OTARD permit.
9. Professional installation shall be required for all transmitting antennas to ensure safety to residents.
C. OTARD permit.
1. All OTARD permits shall be processed and reviewed consistent with consistent with the provisions detailed in Chapter 17.73 for a conditional wireless facility permit including the application contents detailed at Section 17.73.040 and shall be reviewed by the planning commission at a noticed public hearing. An interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance with all applicable provisions of this section.
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b. The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible, and has shown that all alternative locations and designs identified by the city were technically infeasible or not reasonably available.
c. The appropriate exemptions have been approved by the director and not appealed. If appealed, the director's decision has been upheld.
D. State and federal law.
1. The implementation of this section and decisions on applications for placement of OTARDs shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined by the director that an exemption is necessary because the applicant has established that denial of an application would violate federal or state law including but not limited to Code of Federal Regulations at Title 47, Section 1.40000 et seq., including precluding use of the antenna by impacting the reception or transmission of an acceptable quality signal.
2. If an applicant contends that denial of the application would violate state or federal law, the applicant must provide all information and studies upon which the applicant relies on in support of that claim for the director's review and consideration. No such exemption shall be granted unless the applicant demonstrates with clear and convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
b. The applicant has demonstrated that strict compliance with any provision in this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed OTARD(s) including full-color signal propagation maps with objective units of signal strength measurement demonstrating coverage which would be accomplished with the requested exemption(s) and why this coverage is necessary, as compared to an installation without the requested exemption(s).
d. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s), suggested by the city or otherwise, are not technically feasible or reasonably available. In addition, the applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design which deviates from the requirements of this chapter is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable objectives.
3. If the director approves an exemption to the requirements of this chapter, said exemption shall be limited only to the minimum extent required to avoid a potential violation of state or federal law. Notice of such decision shall be given to the applicant, to all owners of property adjacent to the subject property. as well as any persons who have requested notice for the subject permits, A-46
pursuant to subsection 17.80.090(E). Any interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
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Exhibit “B”
Note: Additions are noted as bolded and underlined and deletions as strikethrough)
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.73.010. - Purpose.
17.73.020. - Definitions.
17.73.030. - Standards generally applicable to all wireless telecommunications facilities.
17.73.040. - Application content.
17.73.050. - Independent consultant review.
17.73.060. - Collocation and modification standards.
17.73.070. - Exemptions to prevent an effective prohibition.
17.73.080. - Compliance report.
17.73.090. - Maintenance.
17.73.100. - Amortization of nonconforming facilities.
17.73.110. - Permit extensions.
17.73.120. - Temporary wireless facilities.
17.73.130. - Revocation.
17.73.140. - Decommissioned or abandoned wireless telecommunications facilities.
17.73.150. - Wireless telecommunications facilities removal or relocation.
17.73.160. - Reserved.
17.73.170. - Compliance obligations.
17.73.180. - Conflicts with prior ordinances.
17.73.190. - Duty to retain records.
17.73.200. - Severability.
17.73.210. - Wireless telecommunications facilities on private property.
17.73.220. - Eligible wireless telecommunications facilities.
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17.73.230. - Amateur radio facilities.
17.73.240. - Over-the-air reception devices.
17.73.010. Purpose.
A. The purpose of this chapter is to reasonably regulate, to the extent permitted under California and federal law, the installations, operations, collocations, modifications, replacements and removals of various wireless telecommunications facilities ("WTFs") on private property in the city recognizing the benefits of wireless telecommunications while reasonably respecting other important city needs, including the protection of public health, safety, and welfare, aesthetics and local values.
B. The overarching intent of this chapter is to make wireless telecommunications reasonably available while protecting scenic views and preserving the semi-rural character and aesthetics of the city. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design, siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations where other such facilities already exist; and
3. Encouraging the installation of such facilities where and in a manner such that potential adverse aesthetic impacts to the community are minimized.
C. To allow the city to better preserve its semi-rural and unique character, it is the intent to limit the duration of WTF permits, in most cases, to terms of ten years, and to reevaluate existing WTFs at the end of each term for purposes of further minimizing aesthetic impacts on the community.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications services; or
2. Unreasonably discriminate among providers of functionally equivalent wireless telecommunications services; or
3. Regulate the placement, construction or modification of WTFs on the basis of the environmental effects of radio frequency ("RF") emissions where it is demonstrated that the WTF does or will comply with the applicable FCC regulations; or
4. Prohibit or effectively prohibit collocations or modifications that the city must approve under state or federal law.
E. The provisions in this chapter shall apply to all permit applications to install, operate or change, including, without limitation, to collocate, modify, replace or remove, any new or existing wireless tower or base station within the city.
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F. Nothing in this chapter is intended to allow the city to preempt any state or federal law or regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, any obligations a WTF permit holder may have under any franchises, licenses, or other permits issued by the city.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.020. Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be defined as defined at Section 12.18.020, wireless telecommunication facilities in the public right-of-way. In addition, the following definitions shall apply to this chapter:
Antenna means that specific device for transmitting and/or receiving radio frequency or other signals for purposes of wireless telecommunications services. "Antenna" is specific to the antenna portion of a wireless telecommunications facility Antenna height means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and it associated support structure when fully extended.
City-owned structure without limitation means any pole, building, facility, transportation or traffic sign or other structure owned by the city.
Collocation includes the mounting or installation of transmission equipment for the purpose of transmitting and/or receiving radio frequency signals or communications purposes, whether or not there is an existing antenna on the structure.
Concealed or concealment means camouflaging techniques that integrate the antennas and accessory equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but may recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to:
(1) Facade or rooftop mounted pop-out screen boxes;
(2) Equipment cabinets painted or wrapped to match the background; and (3) Antennas mounted within a radome on a utility pole; (4) An isolated or standalone faux tree.
CPUC means the California Public Utilities Commission or its successor agency.
Director means the community development director or their designee.
Eligible facility permit or EFP means a permit for an eligible facilities request that meets the criteria found in Section 17.73.220.
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Mock-up means a temporary, full-sized, structural model built to scale chiefly for study, testing, or displaying a wireless telecommunications facility. It is nonfunctional and has no power source.
Nonresidential zone means any zoning district other than the RS, single-family residential zone, or RM, multifamily residential zone.
OTARD antenna means antennas covered by the "over-the-air reception devices" rule in 47 C.F.R. Section 1.4000 et seq., as may be amended.
Private property means any property owned by a private individual or entity, including government owned property such as any property owned in fee by the city or dedicated for public use (i.e., parks).
Screening means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm, and/or other specially designed device, utilizing materials that match the surrounding site, with immediately adjacent screening of an antenna preferred, versus perimeter screening of the site, so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground." Unconcealed means a wireless telecommunications facility that is not a concealed facility and has no or effectively no camouflage techniques (such as those described in the definition of “Concealed or concealment”) applied such that the wireless telecommunications facility and/or accessory equipment is plainly obvious to the observer.
Wireless facilities provider means an entity utilized by a wireless service provider to construct and/or operate the wireless service provider's wireless facility.
Wireless facility permit, administrative or AWFP means any new facility or collocation or modification to an existing facility that is concealed in a nonresidential zone and integrated into the facade and design of an existing structure or building. If on an existing utility pole in a nonresidential zone, the facility must be integrated into the pole, well designed, and does not substantially change the appearance of the pole as determined by the director.
Wireless facility permit, conditional or CWFP means any new facility, collocation, or modification to an existing facility on private property that is unconcealed, located in a less preferred location, unconcealed in a preferred location, or does not meet the criteria for either an administrative wireless facility permit or an eligible facility permit.
Wireless service provider means the FCC licensed or authorized entity actually offering wireless services to the public.
WTF means wireless telecommunications facility as defined by Section 12.18.020.
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(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.030. Standards generally applicable to all wireless telecommunications facilities.
A. Height restrictions.
1. No A concealed or unconcealed tower or antenna of any wireless telecommunications facility shall comply with the following height limits exceed the zone height limit of the zone upon which the wireless telecommunications facility is located, unless otherwise approved pursuant to Section 17.73.070.
a. If mounted on the side of an existing building facade, up to the highest point of the building which can be a main roof ridge, top of parapet, or a roof-mounted structure such as an elevator penthouse. b. If mounted on top of the roof of an existing building, height approval shall be subject to an Administrative Wireless Facility Permit pursuant to section 17.73.030(E)(2).
c. If not mounted on an existing building facade and/or roof, up to 16 feet in height, unless the height is otherwise approved pursuant to section
17.73.070 or section 17.73.030(E)(1).
2. The height limitations in subsection (A)(1) of this section are subject to preemption including pursuant to 47 U.S.C. C.F.R. Section 140001.6100.
B. Installation of WTFs. Prior to the installation of a new wireless telecommunications facility or a modification or collocation to an existing wireless telecommunications facility that does not constitute an "eligible facilities request" nor qualify for an eligible facility permit, the owner, or occupant with written permission from the owner of the lot, premises, parcel of land or building on which a wireless telecommunications facility is to be located shall first obtain a conditional wireless facility permit or administrative wireless facility permit from the city pursuant to this chapter.
C. Installation of eligible facilities. Unless specifically exempt by federal or state law, all applications for the installation of wireless telecommunications facilities that constitute "eligible facilities requests" require the approval of an eligible facility permit as described in Section 17.73.220 prior to construction of such eligible facility.
D. Exempted facilities. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over-the-air reception devices (OTARD) antennas, up to three on a property;
3. Facilities owned and operated by the city for its use; or A-52
4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this chapter, then the terms of this chapter shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect.
Nothing in the exemption shall apply so as to preempt the city's valid exercise of police powers that do not substantially impair franchise contract rights; E. Required permits. All proposed facilities and collocations or modifications to facilities governed under this chapter shall be subject to either a Cconditional Wwireless Ffacility Ppermit or an Aadministrative Wwireless Facility Ppermit from the city, unless exempted from this chapter as an eligible facility permit under Section 17.73.220.
1. Conditional Wireless Facility Permit.
a. A Cconditional Wwireless Ffacility Ppermit is required for any new facility or collocation or modification to an existing facility located on private property as follows:
i. All facilities in less preferred locations, as defined in subsection
17.73.210(C)(1)(b);
ii. All unconcealed facilities in preferred locations, as defined in subsection 17.73.210(C)(1)(a); and
iii. All other facilities that do not meet the criteria for either an administrative wireless facility permit described herein or an eligible facility permit described in Section 17.73.220.
b. Approval of a Cconditional Wwireless Ffacility Ppermit for a wireless telecommunications facility shall be subject to the following findings:
i. All standards and regulations contained in Section 17.73.210, and any amendments or modifications to the facility as approved by resolution of the planning commission at a noticed public hearing; ii. No wireless communications facility proposed within 200 feet from any dwelling lawfully used or approved for a residential use may not be approved unless the proposed facility meets all of the following criteria:
(A) All accessory equipment associated with the proposed wireless communications facility is screened to the satisfaction of the Director. The Director must determine that all accessory equipment associated with the proposed wireless
communications facility is fully screened from off-site vantage pointsplaced underground, unless otherwise approved by the planning commission;
(B) The proposed wireless communications facility is located a minimum of 200 feet from any other wireless communications facility, unless otherwise approved pursuant to Section 17.73.220.
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(C) Applicant shall provide justification in terms of coverage and/or capacity as to why height in excess of the limits described in section 17.73.030(A) is requested.
c. A wireless telecommunications facility application must include all of the contents described in Section 17.73.040.
d. All decisions for a wireless telecommunications facility must be in writing and contain the reasons for approval or denial.
e. All approved or deemed-approved wireless telecommunications facilities shall be subject to all the conditions imposed by the planning commission. f. Noticing requirements and appeal provisions shall follow the procedures described in Chapter 17.80 (hearing notice and appeal procedures).
2. Aadministrative Wwireless Facility Ppermit.
a. An Aadministrative Wwireless Facility Ppermit is required for any new facility or collocation or modification to an existing facility as follows:
i. All concealed facilities in a nonresidential zone that are integrated into the facade and design of an existing building;
ii. All concealed facilities on an existing structure, other than a utility pole, in a nonresidential zone;
iii. Wireless telecommunication accessory equipment that is incidental to and part of the provision of a public utility, including electrical power, gas, and sewerage, in accordance with a franchise agreement with the city.
b. Approval of an Aadministrative Wwireless Facility Ppermit shall be subject to the following findings:
i. A wireless telecommunications facility application must include all of the contents described in Section 17.73.040.
ii. All standards and regulations described in Sections 17.73.050 and
17.73.210, and any amendments or modifications to the facility as approved by the director.
iii. No concealed wireless telecommunications facility proposed within 200 feet from any dwelling used or approved for a residential use may be permitted unless the proposed facility meets all of the following criteria:
(A) All non-antenna accessory equipment associated with the proposed wireless telecommunications facility is placed underground or concealed if visible into the facade or
design of a building;
(B) No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet in volume;
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(C) The cumulative antenna volume on any single pole does not exceed nine cubic feet; and
(D) For facilities not concealed within a building, the proposed wireless telecommunications facility must be located a minimum of 200 feet from any other wireless telecommunications facility located along the same side of a street, unless the existing facility is concealed into the facade or design of a building, and a minimum of 200 feet from any street intersection, unless otherwise approved pursuant to section
17.73.220.
c. All approved or deemed-approved wireless telecommunications facilities shall be subject to all the conditions imposed by the director. d. All decisions for an administrative wireless facility permit must be in writing and contain the reasons for approval or denial. Notice of said decision shall be given to the applicant and to all owners of real property adjacent to subject property. Notice of denial shall be given to the applicant, as well as any persons who have requested notice for these the subject permit, pursuant to subsection 17.80.090(E).
e. An interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant within 15 days of the director’s decision, in accordance with the notice and appeal procedures set forth into Chapter 17.80 (hearing notice and appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.040. Application content.
A. The director shall develop and publish, and from time-to-time modify and republish, an application or applications to be used to apply for permits or extensions thereof.
B. An application package (excluding eligible wireless telecommunications facilities applications, which are instead subject to the submittal requirements in subsection 17.73.220.E) shall, Aat a minimum, the director shall include in every application include the following information for the application to be deemed submitted and for a shot clock, as described in 47 C.F.R. §
1.6003, to commence:
1. Legal description. A legal description of the property where the wireless telecommunications facility is to be installed.
2. Radius map and certified list. A radius map and a certified list of the names and addresses of all property owners within 500 feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor. The radius map and certified list may be reduced for AWFP and EFP applications at the discretion of the director.
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3. Plot plan. A plot plan of the lot, premises or parcel of land showing the exact location of the proposed wireless telecommunications facility (including all related accessory equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.
4. Elevations and roof plan. Building elevations and roof plan (for building- and/or rooftop-mounted facilities) indicating exact location and dimensions of accessory equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.
5. Screening. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility.
6. Manufacturer's specification. Manufacturer's specifications, which may includeing installation specifications, exact location of cables, wiring, materials, color, and any support devices that may be required.
7. Visual impact letter. Except for Eligible Facilities Permits, as defined in Section 17.73.220,Wwritten documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location and concealed and screened to the greatest extent feasible in accordance with the site selection and visual impact criteria of Section 17.73.210 and if applicable, the extent to which the proposed antenna assembly significantly impairs a view, as defined in Section 17.02.040, view preservation and restoration, of the development code.
8. Reasonable efforts to collocate required. Applicants proposing new wireless telecommunications facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to collocate the proposed facility on an existing facility, or antenna mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include all relevant information as applicable regarding existing towers or base stations in the area, topography, signal interference, signal propagation and available land zoning restrictions.
9. Photographs and photo visual simulations. Photographs and photo visual simulations shall be submitted to the extent necessary, as determined by the director, to demonstrate maintenance of existing concealment for Eligible Facilities Permits. For all other applications, visual simulation shall be submitted, and can consist of either a physical mock-up of the facility, balloon simulation, photo simulation, and/or other means acceptable to the director.
a. If photo simulations are submitted, they shall be to scale, and show existing and post-project conditions, including all visible facility elements such as antennas at maximum height, equipment cabinets, cabling, support structures, concealment features, screening, and associated utilities. They shall also that show the proposed facility in A-56
context of the site from the immediate neighborhood, including reasonable line-of-sight locations from public streets or other adjacent public and private viewing stations, as well as from nearby affected properties, together with a map that shows the photo location of each view angle, all as deemed acceptable by the director.
b. Simulations incorporating landscaping shall generally depict anticipated ten-year growth.
c. At least one simulation shall clearly illustrate how concealment or camouflage treatments will appear in practice.
d. Visual simulations shall reflect accurate scale, coloration, configuration, and placement of all visible elements of the proposed facility.
e. If a balloon test is used, it shall meet the following requirements:
i. Balloon diameter shall be no less than four (4) feet; ii. Balloon color shall be either red, orange, or yellow; iii. Balloon shall be anchored to the ground;
iv. The height at which the balloon is flown shall be the same as the combined height of the tower and its antennas
v. Balloons shall be flown starting either the next business day after the application is deemed complete for processing (administrative wireless facility permit), or the next business day after the public notice is published (conditional wireless facility permit), and at a minimum, continuously between the hours of 7:00 a.m. and 10:00 a.m. each day it is required to be flown. The balloon shall be flown for a minimum of two (2) days. Failure to maintain the balloon as specified above may result in a delayed decision.
vi. The applicant must notify the director in advance of the planned balloon test.
vii. The applicant is responsible for securing any FAA approvals, if required, prior to this demonstration.
viii. An alternate date must be planned for in the event that the weather is not conducive to a balloon test and if the test must be rescheduled due to weather conditions or any other reason, the applicant must notify the director of the cancellation and the rescheduled dates.
10. Coverage Information. A supplemental technical report demonstrating the necessity of the proposed facility shall be submitted, if required by the city. The supplemental technical report shall include: (1) RF coverage and/or capacity analysis identifying any existing gap or network deficiency; (2) proposed coverage improvements; (3) analysis of all feasible alternative sites and designs; and (4) certification by a qualified A-57
radio-frequency engineer. Applications lacking this information shall be deemed incomplete.
Master plan. If required by the city, a master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the wireless service provider intended to serve the city. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants may not file, and the city shall not accept, applications that are not consistent with the master plan for a period of two years from approval of a conditional wireless facility permit or administrative wireless facility permit unless: (a) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a wireless telecommunications facility site not shown on a master plan submitted to the city within the prior two years, or (b) the applicant establishes before the planning commission that a new wireless telecommunications facility is necessary to close a significant gap in the applicant's service area, and the proposed new installation is the least intrusive means to do so.
11. Alternative analysis. Except for Eligible Facilities Permits, Iif required by the city, a siting analysis which identifies another minimum of five other feasible locations within or outside the city which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than the minimum. The alternative site analysis should include at least one collocation site, if feasible.
12. Noise study. If requested by the city, a noise study prepared and certified by an acoustical engineer licensed by the State of California for the proposed facility and all accessory including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations (RPVMC section
8.24.060(A)(13). The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed accessory equipment relative to all adjacent property lines. In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed accessory equipment will not, both individually and cumulatively, exceed 65dBA a one dBA increase over ambient noise levels as measured from the property line of any residential property. Within residential zones and properties adjacent to residential zones, soundproofing measures shall be used to reduce noise caused by the operation of a wireless telecommunications facility and all accessory equipment to no more than 65dBA, a level which would have a nonet increase in ambient noise level as measured from the property line of any residential property.
13. Certificate of public convenience and necessity. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to install WTFs in the city. If the applicant has a certificate of public convenience A-58
and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a true and complete copy of its CPCN.
14. DELETED. Mock-up. A mock-up including all proposed antenna structures, antennas, cables, hardware and related accessory equipment shall be constructed at least 15 consecutive calendar days, for 24 hours a day, prior to a public hearing, in order for the planning commission or the director to assess aesthetic impacts to surrounding land uses and public rights-of-way. Said mock-up shall remain in place until completion of any appeal process and shall be removed within seven calendar days of any final decision. This requirement may be waived by the director.
a. Installation of a mock-up can occur prior to submittal of a formal application; provided, that the director has reviewed the plans for the mock-up. and approved or conditionally approved a site plan review permit. Prior to installation of a mock-up, the applicant shall provide notice to all residents and homeowners within 500 feet of the proposed mock-up at least 48 hours in advance. Said notice shall be provided to the director for review and approval prior to issuance of the notice. b. Mock-ups shall be required for all proposed wireless communication facilities, except for collocations that do not represent a major modification to visual impact as defined in Section 17.73.210. For proposed rooftop or ground-mounted antennas, a temporary mast approximating the dimensions of the proposed facility shall be raised at the proposed antenna/mast location. For proposed new telecommunications towers the applicant will be required to raise a temporary mast at the maximum height and at the location of the proposed tower. At minimum, the onsite demonstration structure shall be in place prior to the first public hearing to consider project approval, on at least two weekend days and two weekdays between the hours of 8:00 a.m. to 6:00 p.m., for a minimum of ten hours each day. A project description, including photo simulations of the proposed facility, shall be posted at the proposed project site, in a location upon where members of the public may view said description and photos, for the duration of the mock-up display. The director may release an applicant from the requirement to conduct on-site visual mock-ups upon a written finding that in the specific case involved, said mock-ups are not necessary to process or make a decision on the application and would not serve as effective public notice of the proposed facility.
15. RF exposure compliance report. An RF exposure compliance report prepared and certified by a licensed RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit. Each such A-59
boundary shall be clearly marked and identified for every transmitting antenna at the project site.
16. Written authorization from property owner required. Unless previously authorized by the private property owner, Eevery applicant applying for authorization to construct, modify, or remove a wireless telecommunications facility located on private property must include with its application a written authorization signed by the owner of the property.
17. Other information. Except for Eligible Facilities Permits, as described in section 17.73.220, Aany other information as deemed necessary by the city in order to consider an application for a wireless telecommunications facility.
18. Fees. The application shall be accompanied by the appropriate fee in an amount as established by resolution of the city council. Pursuant to section
17.86.080, if a permit issued under Chapter 17.73 expires before an extension application is submitted, the required fees shall be doubled.
19. Community meeting. In addition to any other action otherwise required by law pertaining to the processing of a conditional wireless facility permit application, Though voluntary, the applicant, at it’s election, for which such review is being sought, is strongly encouraged to hold a community meeting by shall takeing all one or more of the following actions if required by the city:
a. Send written notice to both the owner(s) of real property, as shown on the latest equalized assessment roll, within 5100 feet of the proposed wireless telecommunications facility and the city planning department, of the pendency of the filing of such an application, including with such notice copies of preliminary drawings of the proposed project at a scale no smaller than one inch equals 16 feet. No application for neighborhood review will be accepted as complete unless it contains evidence acceptable to the director that such notice has been sent. b. Hold an in-person or virtual community meeting at least four weeks before the date of the planning commission meeting at which the application will be heard, and invite the persons entitled towho receive notice pursuant to subsection (B)(19)(a) of this section to attend such meeting to discuss the proposed application. The community meeting shall be held on a nonholiday weekend or during daylight hours and before 9:00 a.m. or after 5:00 p.m. on a weekday. The meeting shallmay be held at the subject site; provided, however, that if the occupancy of the subject site by a tenant or physical conditions at the subject site make it unsafe or infeasible to provide a table and chairs at the subject site, the meeting may be held at another location within the city or virtually. The mock-up of the proposed project shall be erected at the subject site before the meeting. The applicant may consider presenting the primary location and all alternative sites shall be presented to the community as well as the reasons for the selection of the primary location. Notice of the date, time and place of such meeting shallmay be sent at least seven days before the meeting and shall be filed with the planning department.
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c. If the hearing on the application is continued by the planning commission, the applicant is encouraged, but not required, to hold a further meeting with the persons entitled to notice pursuant to (a) of this subsection at least one week prior to the continued hearing.
d. If a meeting pursuant to subsection (B)(19)(b) of this section results in any modifications to the project prior to the planning commission hearing on the project, the applicant shallmay (1) notify the director of the proposed modifications, and (2) explain to the planning commission at the hearing on the matter any discrepancy between the project as proposed in theany notice sent pursuant to subsection (B)(19)(a) of this section and the project as presented to the planning commission.
e. A community meeting may be required at the discretion of the director for an application for an administrative wireless facility permit or an eligible facility permit.
f. If the applicant does not take any of the actions described above, the City may elect to undertake any and all of the above actions.
20. Coverage maps which adequately identify the existing and proposed coverage. Colors should be red=poor, yellow=fair, and green=good.
Identify major streets and landmarks. Include a legend and identify existing and approved facilities by site name.
21. A typed mailing list of all property owners within a 500-foot radius or 100- foot (EFRs) radius of the subject property as measured from property lines, using the last equalized tax roll of the county assessor and any affected homeowners associations, and a vicinity map identifying all properties included on the mailing list.
C. Appeals. No decision on any wireless telecommunications facility application shall be considered final until and unless all appeals have been taken or are time-barred.
D. Effect of state or federal law change. In the event a subsequent state or federal law prohibits the collection of any information described herein, the director is authorized to omit, modify or add to that request from the city's application form. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.050. Independent consultant review.
A. Authorization. The city council authorizes the director to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the director in connection with any permit application.
B. Scope. The director may require the independent consultant to review and comment on any issue that involves specialized or expert knowledge in connection with the application. Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
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2. Planned compliance with applicable federal RF exposure standards;
3. Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;
4. Whether technically feasible and potentially available alternative locations and designs exist;
5. The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scopethat requires expert or specialized knowledge; and
6. Any other application issue or element that requires expert or specialized knowledge.
C. Deposit. The applicant must pay for the cost of any review required under subsection (B) of this section and for the technical consultant's testimony in any hearing as requested by the director and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant's testimony and expenses at any meeting where that testimony is requested by the director. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the director shall invoice the applicant who shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in the code. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.060. Collocation and modification standards.
The modification or collocation of wireless facilities, not subject to the provisions of Section 17.73.220, shall be denied if any of the following will occur:
A. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site; B. The proposed collocation or modification would defeat or diminish the existing concealment elements of the support structure as determined by the director; C. The proposed collocation or modification violates any section of this Chapter, or any prior condition of approval for the site;
D. If the site is not presently concealed, the proposed collocation or modification does not provide for camouflage.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
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17.73.070. Exemptions to prevent an effective prohibition.
All requests granted under this chaptersection are subject to review and consideration by the planning commission. The applicant always bears the burden to demonstrate why an exemption should be granted. An applicant seeking an exemption under this section on the basis that a permit denial would actually or effectively prohibit the provision of the telecommunications service to be provided by the wireless telecommunications facility must demonstrate by clear and convincing evidence that all alternative designs and locations are either technically infeasible or not available. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.080. Compliance report.
A. Except for Eligible Facilities Permits, as defined in section 17.73.220, Wwithin 30 days after installation or modification of a WTF, the applicant shall deliver to the director a written report that demonstrates that its WTF as constructed and normally operating fully complies with the conditions of the permit, including height restrictions and applicable safety codes, including structural engineering codes.
The demonstration shall be provided in writing to the director containing all technical details to demonstrate such compliance and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by the city at the sole expense of the applicant, which shall promptly reimburse the city for its review expenses. The director may require additional proofs of compliance as part of the application process and on an ongoing basis to the extent the city may do so consistent with federal law.
B. If the initial report required by this section shows that the WTF does not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the applicant demonstrates to the city's satisfaction that the WTF is compliant. Applicant shall promptly reimburse the city for its compliance review expenses.
C. If the initial report required by this section is not submitted within the time required, the city may, but is not required to, undertake such investigations as are necessary to prepare the report described in subsection A of this section. Applicant shall within five days after receiving written notice from the city that the city is undertaking the review, deposit such additional funds with the city to cover the estimated cost of the city obtaining the report. Once said report is obtained by the city, the city shall then timely refund any unexpended portion of the applicant's deposit. The report shall be provided to the applicant. If the report shows that the applicant is noncompliant, the city may suspend the permit until the applicant demonstrates to the city's satisfaction that the WTF is compliant. During the suspension period, the applicant shall be allowed to activate the WTF for short periods, not to exceed 120 minutes during any 24-hour period, for the purpose of testing and adjusting the site to come into compliance.
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D. If the WTF is not brought into compliance promptly, the city may revoke the permit and require removal of the WTF.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.090. Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and related accessory equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.100. Amortization of nonconforming facilities.
A. Any nonconforming facility in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this section. As used in this section, the "fair market value" will be the construction costs listed on the building permit application for the subject facility and the "minimum years" allowed will be measured from the date on which this chapter becomes effective.
Fair Market Value on Effective Date Minimum Years Allowed Less than $50,000.00 5
$50,000.00 to $500,000.00 10
Greater than $500,000.00 15
B. The director may grant a written extension to a date certain not greater than one year when the facility owner shows (1) a good faith effort to cure nonconformance, and (2) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The director must not grant any permanent exemption from this section.
C. Nothing in this section is intended to limit any permit term to less than ten years. In the event that the amortization required in this section would reduce the permit term to less than ten years for any permit granted on or after December 1, 2023, then the minimum years allowed will be automatically extended by the difference between ten years and the number of years since the city granted such permit.
Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under Section 6409 pursuant to Section 17.73.220 on the basis that the subject wireless telecommunications facility is a legal nonconforming facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
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17.73.110. Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration may be extended for an additional ten-year term upon the following conditions:
A. Every application for an extension shall be:
1. Made on the extension application form provided by the city; and
2. Accompanied by a fee in an amount as established by resolution of the city council.
B. The extension application shall may be developed and revised from time to time at the director's discretion. The extension application shall at a minimum require the following:
1. The identification of the wireless site requested to be extended; and
2. A true and complete copy of all city-issued permits for the site including any collocations at the site.
C. The extension application shall be approved by the director only upon the following mandatory showings:
1. That the site as it exists at the time the extension application is tenderedsubmitted is in all respect compliant with all applicable city permits for the site, including collocations; and
2. If the site as it exists at the time the extension application is tenderedsubmitted would be approvable consistent with the city's Code in existence at that time.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.120. Temporary wireless facilities.
A. Temporary wireless facilities, also known as a cell-on-wheels ("COW"), site-onwheels ("SOW"), cell-on-light-trucks ("COLT"), or other similarly portable wireless telecommunications facilities not permanently affixed to the land, may be placed and operated within the city with a Sspecial Uuse Ppermit approved by the director.
B. By placing a temporary wireless facility pursuant to this section the entity or person placing the temporary wireless facility agrees to and shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("claims") brought against the city or its agents, officers, officials, employees or volunteers for any and all claims of any nature related to the installation, use, nonuse, occupancy, removal, and disposal of the temporary wireless facility.
C. The temporary wireless facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary wireless facility, along with the notice of decision for the special use permit.
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D. Any temporary wireless facilities placed pursuant to this section must be removed prior to or at the expiration of the Sspecial Uuse Ppermit. In addition, the temporary wireless facilities must be removed or relocated within one hourday if required for public safety reasons by law enforcement, fire or public safety officials. In the event that the temporary wireless facility is not removed or relocated as required in this section, the city may at its sole election remove and store or remove and dispose of the temporary wireless facility at the sole cost and risk of the person or entity placing the temporary wireless facility.
E. Should there be an emergency such that temporary wireless facility is needed immediately to restore service, any person or entity that places temporary wireless facilities pursuant to this section must send the director or city manager an email notice or deliver a written notice by hand within 30 minutes of the placement that identifies the emergency, impact to service or operations, site location of the temporary wireless facility and person responsible for its operation. Said notice shall be followed by a written notice and Sspecial Uuse Ppermit application delivered within 12 hours to the director or city manager via prepaid U.S. mail first overnight delivery, such as U.S. Postal Express Mail or its equivalent. Should the Sspecial Uuse Ppermit be denied, the temporary wireless facility must be removed immediately.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.130. Revocation.
A. Grounds for revocation. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition or law provision applicable to the facility.
B. Revocation procedures.
1. When the director finds reason to believe that grounds for permit revocation exist, the director shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee's last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice, but no more than 30 days unless authorized by the director, to cure the noncompliance or show that no noncompliance ever occurred.
2. If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the city council shall conduct a noticed public hearing to determine whether to revoke the permit for the uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the city council. After the noticed public hearing, the city council may revoke or suspend the permit when it finds that the permittee had notice of the noncompliance and an enforceable permit, permit condition or law applicable to the facility. Written notice of the city council's determination and the reasons therefor shall be dispatched by certified U.S. mail, return receipt A-66
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requested, to the permittee's last known address. Upon revocation, the city council may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.140. Decommissioned or abandoned wireless telecommunications facilities.
A. Decommissioned wireless facilities. Any permittee that intends to decommission a wireless telecommunications facility must send 30-days prior written notice by certified U.S. mail to the director. The permit will automatically expire 30 days after the director receives such notice of intent to decommission, unless the permittee rescinds its notice within the 30-day period.
B. Procedures for abandoned facilities or facilities not kept in operation.
1. To promote the public health, safety and welfare, the director may declare a facility abandoned when:
a. The permittee notifies the director that it abandoned the use of a facility for a continuous period of 90 days; or
b. The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the director that states the basis for the director's belief that the facility has been abandoned for a continuous period of 90 days; or
c. The permit expires and the permittee has failed to file a timely application for renewal.
2. After the director declares a facility abandoned, the permittee shall have 90 days from the date of the declaration (or longer time as the director may approve in writing as reasonably necessary) to:
a. Reactivate the use of the abandoned facility subject to the provisions of this chapter and all conditions of approval;
b. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned facility; or c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.
3. If the permittee fails to act as required in subsection (B)(2) of this section within the prescribed time period, the city council may deem the facility abandoned and revoke the underlying permit(s) at a noticed public meeting in the same manner as provided in subsection (B)(2) of this section. Further, the city council may take any legally permissible action or combination of actions A-67
reasonably necessary to protect the public health, safety and welfare from the abandoned wireless telecommunications facility.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.150. Wireless telecommunications facilities removal or relocation.
A. Removal by permittee. The permittee or property owner must completely remove the wireless telecommunications facility and all related improvements, without cost or expense to the city, within 90 days after:
1. The permit expires; or
2. The city council properly revokes a permit pursuant to subsection
17.73.130(B); or
3. The permittee decommissions the wireless telecommunications facility; or
4. The city council deems the wireless telecommunications facility abandoned pursuant to subsection 17.73.140(B); or
5. Within the 90-day period, the permittee or property owner must restore the former wireless telecommunications facility site area to a condition compliant with all applicable codes and consistent with and/or compatible with the surrounding area.
B. Removal by city. The city may, but is not obligated to, remove an abandoned wireless telecommunications facility, restore the site to a condition compliant with all applicable codes and consistent with and/compatible with the surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed wireless telecommunications facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate in its sole discretion. The last-known permittee or its successor-in-interest and the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. A lien may be placed on all abandoned personal property and the real property on which the abandoned wireless telecommunications facility is located for all costs incurred in connection with any removal, repair, restoration and storage performed by the city. The city clerk shall cause such a lien to be recorded with the County of Los Angeles clerk-recorder's office.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.160. Reserved.
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17.73.170. Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Code, this chapter, any permit, any permit condition or any applicable law or regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by the applicant or permittee.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.180. Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city regulation or ordinance adopted prior to the effective date of this chapter, the provisions in this chapter will control.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.190. Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other regulatory approvals (collectively, the "records") issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.200. Severability.
In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this section and shall not affect the validity of the remaining portions of this section. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this section irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this section might be declared unconstitutional, preempted or otherwise invalid.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.210. Wireless telecommunications facilities on private property.
A. Purpose. The following procedures and design standards shall be required for the installation of wireless telecommunications facilities within private property, except A-69
for Eligible Facilities Requests pursuant to section 17.73.220. These criteria are intended to guide and facilitate applicants in locating and designing facilities and accessory equipment in a manner that will be compatible with the purpose, intent, and goals of this section. It is the intent of the city to use its time, place, and manner authority to protect and preserve the aesthetics of the city.
B. Permit required.
1. Installation of wireless telecommunications facilities located on private property will be subject to this chapter.
2. Applicants shall apply for a Cconditional Wwireless Ffacility Ppermit or Aadministrative Wwireless Facility Ppermit for any wireless telecommunications facility that it seeks to place on private property.
C. Design standards. The following general design guidelines shall be considered for regulating the location, design, and aesthetics for a wireless telecommunications facility:
1. Site selection criteria.
a. Preferred locations. When doing so would not conflict with one of the standards set forth in this subsection or with federal law, wireless telecommunications facilities shall be located in the most preferred location as described in this subsection, which range from the most preferred to the least preferred locations on private property. i. Location on a new or existing building in a nonresidential zoning district including institutional and cemetery districts but not open space districts.
ii. Location on an existing city-owned structure in a nonresidential zoning district with a facility designed with concealment elements. iii. Location on a new concealed structure in a nonresidential zoning district.
iv. Located more than 200 feet of a residential building or residential lot, excluding out-buildings, unless concealed in or on a nonresidential building (e.g., churches, temples, etc.).
b. Less preferred locations. To the extent feasible, facilities shall not be located in the following areas:
i. Environmentally sensitive areas including the Palos Verdes Nature Preserve and those areas with coastal sage scrub governed by Chapter 17.41 (coastal sage scrub conservation and management); ii. Installations that would be in violation of Section 17.02.040, view preservation and restoration;
iii. On a structure, site or in a zoning district designated as a local, state or federal historical landmark, or having significant local historical value as determined by the city council.
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c. No new facility may be placed in a less preferred location unless the applicant demonstrates to the reasonable satisfaction of the planning commission or director that no more preferred location can feasibly serve the area the facility is intended to serve; provided, however, that the planning commission or director may authorize a facility to be established in a less preferred location if doing so is necessary to prevent substantial aesthetic impacts.
d. All facilities (including all related accessory cabinet(s)) shall meet the setback requirements of the underlying zoning district. and Iin no case shall any portion of a facility be located in a defined front yard or side yard, unless otherwise approved pursuant to section 17.73.070. e. In no case shall any part of a facility alter vehicular and/or pedestrian circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use is decreased) or interfere with the normal operation of the existing use of the site.
f. All wireless telecommunications facilities shall utilize unmetered commercial power service, or commercial power metering in the enclosure required by the utility, or remote power metering in flush-to-grade vaults. If a commercial power meter is installed and the wireless
telecommunications facility can be converted to unmetered or wireless power metering, the permittee shall apply for a permit modification to perform the conversion.
gf. Any freestanding ground-mounted wireless telecommunications facility, including any related accessory cabinet(s) and structure(s), shall apply towards the allowable lot coverage for structures/buildings of the underlying zone.
hg. The antenna height of any wireless telecommunications facility shall not exceed the height limit of the underlying zoning district or the maximum permissible height of property upon which the WTF is located. Refer to section 17.73.030.A for maximum height requirements.
D. General standards.
1. Unless Government Code § 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten years from the date of issuance, such permit shall automatically expire, unless extended pursuant to Section 17.73.110.
2. Wireless telecommunications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
3. No permittee shall unreasonably restrict access to an existing antenna location if required to collocate by the city, and if feasible to do so.
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4. All antennas shall be designed to prevent unauthorized climbing.
E. Visual impacts.
1. Facilities must comply with Section 17.02.040, view preservation and restoration, unless an exemption is granted pursuant to Section 17.73.070.
2. Facilities shall be designed to be as visually unobtrusive as possible, and.
Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties.
3. Facilities shall not be of a bright, shiny or glare-reflective finish. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. The facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding; provided, that, wherever feasible, a light color shall be used to meet this requirement, as deemed acceptable by the director.
4. If feasible, the base station and all wires and cables necessary for the operation of a facility shallshould be placed underground so that the antenna is the only portion of the facility that is above ground. If the base station is located within or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables attached to the base station be clipped and screened from public view. The applicant shall demonstrate to the satisfaction of the planning commission or director that it is not technically feasible to locate the base station below ground.
5. Innovative design to minimize visual impact must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.
6. Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the facility and the grade of the site as related to surrounding nearby grades of properties and public street rights-of-way.
7. Landscaping or other screening shall be placed so that the antenna and any other aboveground structure is screened from public view. Landscaping or other screening required by this section shall be maintained by the permittee and replaced as necessary as determined by the director. All existing landscaping that has been disturbed by the permittee in the course of placement or maintenance of the wireless facility shall be restored to its original condition as existed prior to placement of the wireless facility by the permittee. Native vegetation shall be preserved to the greatest extent practicableand incorporated into the landscape plan.
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8. Wireless telecommunications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening.
9. All building and roof-mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and shall be located to minimize visual impacts.
F. Undergrounding of accessory equipment. To preserve community aesthetics, all facility accessory equipment, excluding antennas, aboveground vents, to the greatest extent possible, be required to fully screened if visible from off-site located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Accessory equipment may include, but is not limited to, the following: fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, wireless metering shall be used. If wireless metering is not an option, electrical meter boxes related to wireless telecommunications facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas on and private property. Where it can be demonstrated that undergrounding of accessory equipment is infeasible due to conflict with other utilities, the director may approve alternative above-grade accessory equipment mounting when adequately screened from public view. Any approved above-grade accessory equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to interfere with or create hazards to pedestrians or motorists.
G. Soundproofing Noise attenuation measures. Within residential zones, and properties adjacent to residential zones, soundproofing noise attenuation measures shall be used to reduce noise to comply with RPVMC section
8.24.060.A.13. caused by the operation of wireless telecommunications facilities and all accessory equipment to a level which would have no net increase in ambient noise level.
H. Applications deemed withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 6090 days after the city deems the application incomplete in a written notice to the applicant. The director may, inat the director's discretion, grant a written extension for up to an additional 30 days upon a written request for an extension received prior to the 6090th day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.220. Eligible wireless telecommunications facilities.
A. Purpose. The purpose of this section is to adopt reasonable regulations and procedures, consistent with and subject to federal and California state law, for compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation A-73
Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. Section 1455(a), and related Federal Telecommunications Commission regulations codified in 47 C.F.R. Section
1.610040001 et seq.
1. Section 6409(a) generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove or replace a WTF at an existing tower or base station. FCC regulations interpret the statute and create procedural rules for local review, which generally preempt subjective land-use regulations, limit application content requirements and provide the applicant with a "deemed granted" remedy when the local government fails to approve or deny the request within 60 days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. Section 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and accessory equipment), Section 6409(a) applies to all "wireless" facilities licensed or authorized by the FCC (e.g., wi-fi, satellite, or microwave backhaul).
2. The city council finds that the partial overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless telecommunications facilities deployment and deliberately planned community development in accordance with local values. The city council further finds that a separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will best prevent such confusion.
3. Accordingly, the city council adopts this section to reasonably regulate requests submitted for approval under Section 6409(a) to collocate, remove or replace WTFs at an existing wireless tower or base station, in a manner that complies with federal law and protects and promotes the public health, safety and welfare of the citizens of the city.
B. Prohibition of personal wireless service. This section does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless telecommunications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law.
C. Eligible facility permit. Any request to collocate, replace or remove WTFs at an existing wireless tower or base station submitted for approval under Section 6409(a) shall require an Eeligible Ffacility Ppermit subject to the director's approval, conditional approval or denial under the standards and procedures contained in this A-74
section. However, the applicant may alternatively elect to seek either a Cconditional Wwireless Ffacility Ppermit or an Aadministrative Wwireless Facility Ppermit described elsewhere in this chapter.
D. Other regulatory approvals required. No collocation or modification approved under any Eeligible Ffacility Ppermit may occur unless the applicant also obtains all other permits or regulatory approvals from other city departments and state or federal agencies. An applicant may obtain an Eeligible Ffacility Ppermit concurrently with permits or other regulatory approvals from other city departments after first consulting with the director. Furthermore, any Eeligible Ffacility Ppermit granted under this section shall remain subject to the lawful conditions and/or requirements associated with such other permits or regulatory approvals from other city departments and state or federal agencies.
E. Permit applications—Submittal and review procedures.
1. Permit application required. The director may not grant any eligible facility permit unless the applicant has submitted a complete application.
2. Permit application content. This section governs minimum requirements for permit application content and procedures for additions and/or modifications to Eeligible Ffacility Ppermit applications. The city council directs and authorizes the director to develop and publish application forms, checklists, informational handouts and other related materials that describe required materials and information for a complete application in any publicly stated form. Without further authorization from the city council, the director may from time-to-time update and alter the permit application forms, checklists, informational handouts and other related materials as the director deems necessary or appropriate to respond to regulatory, technological or other changes. The materials required under this section are minimum requirements for any eligible facility permit application the director may develop. The forms and submittal checklists created by the director must comply with applicable federal statutes and regulations.
a. Application fee deposit. The applicable permit application fee established by city council resolution. In the event that the city council has not established an application fee specific to an Eeligible Ffacility Ppermit, the established fee for an administrative wireless facility permit shall be required.
b. Prior regulatory approvals. Evidence that the applicant holds all current licenses and registrations from the FCC and any other applicable regulatory bodies where such license(s) or registration(s) are necessary to provide wireless services utilizing the proposed wireless telecommunications facility. For any prior local regulatory approval(s) associated with the wireless telecommunications facility, the applicant must submit copies of all such approvals with any corresponding conditions of approval. Alternatively, a written justification that sets forth reasons whystatement that prior regulatory approvals were not required A-75
for the wireless telecommunications facility at the time it was constructed or modified.
c. Site development plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a California-licensed engineer showing any existing wireless telecommunications facilities with all existing accessory equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. d. Specifications. Specifications that show the height, width, depth and weight for all proposed equipment. For example, dimensioned drawings or the manufacturer's technical specifications would satisfy this requirement. e. Photographs and photo simulations. To the extent necessary to demonstrate compliance with prior concealment conditions, Pphotographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other affected adjacent viewpoints, together with a map that shows the photo location of each view angle. At least one photo simulation must clearly show the impact on the concealment elements of the support structure, if any, from the proposed modification.
f. RF exposure compliance report. An RF exposure compliance report prepared and certified by an licensed RF engineer acceptable to the city that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.
g. Justification analysis. A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. Section 1.400016100 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the city to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. The statement shall include a completed Eligible Facility Permit checklist provided by the City. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station; and (ii) whether and why the proposed collocation or modification does not A-76
cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.
h. Noise study. A noise study prepared and certified by an acoustical engineer licensed by the State of California for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
In lieu of a noise study, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits set out in the noise ordinance.
3. Pre-application meeting appointment. Prior to application submittal, applicants mustmay schedule and attend a voluntary pre-application meeting, either virtual or in person, with city staff for all Eeligible Ffacility Ppermit applications.
Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project qualifies for an Eeligible Ffacility Ppermit; any latent issues in connection with the existing tower or base station; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues. Applicants mustmay submit a written request for an appointment in the manner prescribed by the director. City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
4. Application submittal appointment. All applications for an Eeligible Ffacility Ppermit must be submitted to the city at a pre-scheduled appointment, either virtual or in person. Applicants may submit up to three WTF site applications per appointment but may schedule successive appointments for additional applications whenever feasible by the director. Applicants must submit a written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
5. Application resubmittal appointment. The director may require application resubmittals be tendered to the city at a pre-scheduled appointment, either virtual or in person. Applicants may resubmit up to three individual WTF site applications per appointment but may schedule successive appointments for additional applications whenever feasible for the city. Applicants must submit a written request for an appointment in the manner prescribed by the director.
City staff shall endeavor to provide applicants with an appointment within five working days after receipt of a written request.
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6. Applications deemed withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 60 days after the city deems the application incomplete in a written notice to the applicant. The director may in the director's discretion grant a written extension for up to an additional 30 days upon a written request for an extension received prior to the sixtieth day. The director may grant further written extensions only for good cause, which includes circumstances outside the applicant's reasonable control.
F. Notice.
1. Notice of application submittal. Within 15 days after an applicant submits an application for an Eeligible Ffacility Ppermit, written notice of the application shall be sent by the city via first-class United States mail to:
a. Applicant or its duly authorized agent;
b. Property owner or its duly authorized agent;
c. All real property owners within 5100 feet from the subject site as shown on the latest equalized assessment rolls;
d. Any person who has filed a written request with either the city clerk or the city council; and
e. Any city department that will be expected to review the application.
2. Notice content. The notice required under this section shall include all the following information:
a. A general explanation of the proposed collocation or modification; b. The following statement: "This notice is for information purposes only; no public hearing will be held for this application. Federal law may require approval for this application. Further, Federal Communications Commission regulations may deem this application granted by the operation of law unless the city approves or denies the application, or the city and applicant reach a mutual tolling agreement"; and c. A general description, in text or by diagram, of the location of the real property that is the subject of the application.
G. Approvals—Denials without prejudice. Federal regulations dictate the criteria for approval or denial of approval permit application submitted under Section 6409(a).
The findings for approval and criteria for denial without prejudice are derived from and shall be interpreted and applied in a manner consistent with such federal regulations.
1. Findings for approval. The director may approve or conditionally approve an application for an Eeligible Ffacility Ppermit only when the director finds all of the following:
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a. The application involves the collocation, removal or replacement of antennas and accessory equipment on an existing wireless tower or base station; and
b. The proposed changes would not cause a substantial change.
2. Criteria for a denial without prejudice. The director shall not approve an application for an Eeligible Ffacility Ppermit when the director finds that the proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or
b. Involves a structure constructed or modified without all approvals required at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or d. Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.
3. All Eeligible Ffacility Ppermit denials are without prejudice. Any "denial" of an Eeligible Ffacility Ppermit application shall be limited to only the applicant request for approval pursuant to Section 6409(a) and shall be without prejudice to the applicant. Subject to the application and submittal requirements in this chapter, the applicant may immediately submit a new permit application for either a conditional wireless facility permit, administrative wireless facility permit, or submit a new and revised eligible facility permit.
4. Conditional approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the city's authority to conditionally approve an application for an Eeligible Ffacility Ppermit to protect and promote the public health, safety and welfare.
H. Standard conditions of approval. Any Eeligible Ffacility Ppermit approved or deemed granted by the operation of federal law shall be automatically subject to the conditions of approval described in this section.
1. Permit duration unchanged. The city's grant or grant by operation of law of an eligible facility permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city's grant or grant by operation of law of an Eeligible Ffacility Ppermit shall not extend the term of the underlying wireless facility permit or any city-authorized extension thereto.
It is strongly recommended that the holders of any underlying wireless facility permits timely seek extensions of these underlying permits so as to avoid any interruption in the validity of an associated eligible facility permit.
2. Accelerated permit terms due to invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate A-79
approval for any eligible facility permit(s), such permit(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facility permits. A permittee shall not be required to remove its improvements approved under the invalidated eligible facility permit when it has submitted an application for either a conditional wireless facility permit or an administrative wireless facility permit for those improvements before the one-year period ends. The director may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.
3. No waiver of standing. The city's grant or grant by operation of law of an eligible facility permit does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any eligible facility permit.
4. Compliance with all applicable laws. The permittee shall maintain compliance at all times with all federal, state and local laws, statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject site, the facility or any use or activities in connection with the use authorized in this permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws.
5. Emergencies. The director may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
6. Contact information for responsible parties. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person who is responsible for the facility. All such contact information for responsible parties shall be provided to the director upon permit grant, annually thereafter, and permittee's receipt of the director's written request.
7. Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees (a) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit, and (b) from any and all damages, A-80
liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.
8. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Radio frequency emissions, to the extent that they comply with all applicable FCC regulations, are not considered to be adverse impacts to adjacent properties.
9. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission accessory equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
10. Graffiti abatement. Permittee shall remove any graffiti on the wireless telecommunications facility at permittee's sole expense subject to the provisions of Chapter 9.28 of the RPVMC (graffiti prevention and removal).
I. Notice of Decision—Appeals.
1. Notice of a decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of the decision shall be given to the applicant, as well as any persons who have requested notice for these types of permits, pursuant to subsection 17.80.090(E).
2. An interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant within 15 days of the director’s decision, in accordance with the notice and appeal procedures set forth into Chapter 17.80 (hearing notice and appeal procedures) of this title.
3. Fees for an Eeligible Facility Permit facilities request and for an appeal of a determination thereon shall be levied as provided for by this Code and established by resolution of the city council.
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4. No decision on any wireless telecommunications facility application shall be considered final until and unless all appeals have been taken or are timebarred. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.230. Amateur radio facilities.
A. Noncommercial amateur radio antennas.
1. Applicability. This section regulates noncommercial amateur radio antennas that are affixed to real property and antennas that are located on vehicles parked on lots which exceed 16 feet in height, as measured pursuant to the residential building height measurement methods described in Section
17.02.040, view preservation and restoration, of this title. This subsection does not regulate hand held antennas or antennas located on vehicles parked on lots which are 16 feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
2. General regulations. The installation, erection and/or replacement of noncommercial amateur radio antenna assemblies on lots for noncommercial purposes shall be reviewed by the director through either an antenna site plan review application or by the planning commission through a noncommercial amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be considered legal nonconforming: i) legally permitted by the city or the County prior to City incorporation, and which conform to the codes in effect when installed, but do not meet the provisions of this Code; and are ii) existing as of the effective date of this Code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s) support structure and shall be the maximum to which it is capable of being extended;
ii. For a ground mounted assembly or one mounted on an accessory structure, the height shall be measured from the highest point of the existing grade covered by the foundation of the structure to the maximum height to which the antenna assembly is capable of being extended; and
iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of this section, for an antenna assembly mounted on a main building or an accessory structure, height shall be measured from existing grade to the maximum height to which the antenna assembly is capable of being extended, pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
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c. Noncommercial amateur radio antennas shall not be located within any front yard area, without approval of a variance pursuant to Chapter 17.64 (variances) of this title.
d. The use of antennas for noncommercial purposes shall mean that no commercial frequency is used for transmission or propagation, that there is no communication for hire or for material compensation, except as allowed by Federal Communications Commission (FCC) regulations, and that all applicable regulations are complied with at all times, including, without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil derrick style structures and no structures with guy wires shall be used or constructed, except as provided for in this section.
f. No signage shall be allowed on any noncommercial amateur radio antenna assembly, except for requisite safety text and other labeling required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all city, state and federal laws including Section 17.02.040, view preservation and restoration.
h. A noncommercial antenna assembly subject to this section shall not be any closer to the property line than the required minimum side and rear yard setbacks for the subject lot without written city approval which shall take into consideration the site-specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to its minimum size and height when not in use or retracted as required in any conditions of approval issued by the city.
j. Each noncommercial amateur radio antenna shall be of a color or painted to minimize its reflectivity and blend with its surroundings as much as possible.
k. Upon the sale or transfer of the subject property any permit issued under this section shall not be transferable to any other person including a new property owner.
3. Antennas exempt. The following noncommercial amateur radio antenna assemblies may be constructed or installed on a lot without the approval of an antenna site plan review application or noncommercial radio antenna permit; a. The replacement of an existing antenna or antenna support structure with an outside diameter of three inches or less with a similar antenna or support structure.
b. Parabolic dish antennas which are one meter (39.37 inches) or less in diameter. This exemption shall not apply to parabolic dishes in excess of the height limit for the zone upon which the parabolic dish is located unless the applicant can establish an exemption pursuant to Section
17.73.070. Freestanding masts shall be measured from existing adjacent A-83
grade. Masts located on a building shall be measured from the point where the mast meets the roof surface.
c. Any combination of two different antenna assemblies from the following categories:
i. One antenna assembly which is located outside of any required setback areas and which is 16 feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040, view preservation and restoration, of this title.
ii. One building mounted antenna assembly, located outside of any required setback areas, which does not exceed 12 feet in height, as measured from the point where the antenna assembly meets the roof surface, and which contains radiating elements, each of which does not exceed six feet in total length. If the antenna assembly is mounted onto the roof, or if any portion of the antenna assembly projects above the roofline, not more than one antenna may be affixed to antenna support structure.
iii. One wire antenna assembly consisting of a single flexible wire, with a diameter not to exceed one-half inch, suspended between two supports, which if man-made do not exceed 41 feet in height as measured from adjacent existing grade, and located outside of any required setback areas.
iv. One vertical antenna assembly, located outside of any required setback areas, consisting of a single pole or mast with a maximum outside diameter of three inches or less with no guys or horizontal elements located higher than two feet above the ridgeline of the residence, and which does not exceed 41 feet in total height, as measured from adjacent existing grade.
4. Antenna site plan review approval.
a. Director review. Director approval of an antenna site plan review application is required for more than two antenna assemblies which are exempt pursuant to subsection (C)(3) of this section, and for any other nonexempt antenna assembly which does not exceed 41 feet in height.
The application may be approved provided the director finds as follows:
i. That adequate provision is made for safety;
ii. That all applicable building code requirements, such as wind load and seismic design criteria, and development code requirements, such setbacks, are met;
iii. That no more than one nonexempt antenna support structure will be located on the lot;
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iv. That the placement of the antenna assembly does not significantly impair a view from any surrounding properties, as defined in Section
17.02.040, view preservation and restoration, of this title; and v. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting and texturing and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. b. Application. The antenna site plan review application shall be made upon forms provided by the city and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna assembly, and its relation to property lines, topography and all structures on the property, and two copies of an elevation drawing showing the proposed height, size, vertical and horizontal components, dimensions, color and material of the antenna(s) and antenna support structure. If a building permit is required pursuant to the California Building Code, three copies of the above plans are necessary;
ii. A typed mailing list of all property owners within a 500-foot radius to the subject property, using the last equalized tax roll of the county assessor and any affected homeowners associations, and a vicinity map identifying all properties included on the mailing list. iii. A fee, as established by resolution of the city council. iv. Documentation demonstrating that the antenna assembly will comply with all other FCC standards related to radio frequency emissions in OET Bulletin 65, Supplement B. Said documentation shall state if the antenna is categorically exempt or demonstrate compliance with the standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas and installation, comply with FCC regulations related to interference and in the event the interference occurs, the applicant will take all steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct at the applicant's expense, a mock-up of the proposed antenna at the proposed location. Said mock-up shall be the same size and dimensions as the proposed antenna. The mock-up shall be coordinated under the direction of the director or his/her designee.
Once constructed, the silhouette shall be certified by a licensed engineer on a form provided by the city. In the alternative, the applicant may submit a photo simulation depicting the proposed antenna in size, height, and dimensions, as required by the city to A-85
depict the proposed antenna as it would appear from the surrounding areas, and deemed acceptable by the director.
c. Notice. Upon receipt of a complete antenna site plan review application, the director shall provide written notice of the application to the applicant, property owners within a 500-foot radius, any affected homeowners associations and any interested parties. No sooner than 15 days after the application notices are mailed, the director shall make a decision on the application. Notice of the director's decision shall be provided to the applicant, adjacent property owners, any affected homeowners associations, and any interested parties. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
B. Noncommercial amateur radio antenna permit. Except for antenna assemblies which are exempt pursuant to subsection (C)(3) of this section, antenna assemblies which exceed 41 feet in height or which involve the placement of more than one nonexempt antenna support structure on a lot shall require the approval of a noncommercial amateur radio antenna permit by the planning commission.
1. Application. Application for a noncommercial amateur radio antenna permit shall be made on forms provided by the city and shall include such plans and documents as may reasonably be required by the director, including submittal requirements for the antenna site plan review application in subsection (4)(b), for a complete understanding of the proposal and a filing fee in an amount established by resolution of the city council.
2. Notice. Upon receipt of a complete application for a noncommercial amateur radio antenna permit, the director shall provide written notice of the application to all owners of a property shown on the last known county assessor tax roll and homeowner associations located within a radius of 500 feet of the external boundaries of the property where the antenna assembly is proposed.
3. Action by planning commission. In granting a noncommercial amateur radio antenna permit, the planning commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a view, as defined in Section 17.02.040, view restoration and preservation, from a surrounding lot;
b. With respect to an antenna assembly that is used for amateur radio purposes, the degree to which refusing or conditioning the permit would interfere with the applicant's ability to receive and/or transmit radio signals on amateur frequencies. In evaluating this criterion the planning commission may establish a maximum height for the antenna assembly that reasonably accommodates the applicant's ability to receive and/or transmit radio signals on amateur frequencies and appropriately balances that right with the goals of the city's general plan and development code; A-86
c. That adequate provision is made for safety and that all applicable building code requirements such as wind load and seismic design criteria, and development code requirements such as setbacks, are met; d. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting, and texturing and to be compatible with existing architectural elements, building materials and other site characteristics.
The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impairment and to promote the goals of the general plan and development code, such as, but not limited to:
i. Location restrictions;
ii. Nesting restrictions;
iii. Array size restrictions;
iv. Mass of tower restrictions;
v. Height restrictions;
vi. Elimination of guy wires;
vii. Addition of guy wires, if in the opinion of the planning commission allowing guy wires would minimize the aesthetic impacts; viii. Screening or camouflaging requirements, provided said requirements have not been shown to be cost prohibitive by the applicant, in which case a less costly alternative shall be imposed; and
ix. Compliance with any or all applicable regulations listed in subsection
17.76.020(C)(2) above.
f. That the following additional findings can be made for approval of more than one nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on the existing antenna assembly;
ii. The additional antenna assembly does not significantly impair a view from surrounding properties; and
iii. The additional antenna assembly balances the effects on the character of the neighborhood while reasonably accommodating the radio amateur operator's ability to transmit and receive radio amateur signals.
4. If the application is granted or conditionally granted, notice of the planning commission's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given to the applicant, as well as any persons who have requested notice for the subject permit, pursuant to subsection 17.80.090(E). The applicant or any interested person may appeal A-87
the planning commission's decision to the city council pursuant to Chapter
17.80 (hearing notice and appeal procedures) of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long as all conditions imposed are fully complied with, and the antenna structure is maintained in good repair.
C. State and federal law. The implementation of this section and decisions on applications for placement of noncommercial amateur radio antennas shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit use of the noncommercial amateur radio antenna, or otherwise violate applicable laws or regulations including but not limited to Government Code § 65850.3 and Section
97.15 of Title 47 of the Code of Federal Regulations. If that determination is made, the requirements of this section may be waived, but only to the minimum extent required to avoid the prohibition or violation. If an applicant contends that denial of the application would prohibit or effectively prohibit the use of the antenna in violation of federal law, or otherwise violate applicable law, the applicant must provide all information on which the applicant relies on in support of that claim. (Ord. No. 682, § 3(Exh. A), 6-18-2024)
17.73.240. Over-the-air reception devices.
A. Applicability. This section applies to all over-the-air reception devices (OTARD) in the city. "OTARD antennas" means antennas covered by the "over-the-air reception devices" rule in Title 47 of the Code of Federal Regulations, Sections 1.4000 et seq., as may be amended or replaced from time to time.
B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches (or one meter) or less in diameter or diagonal measurement.
2. Similar in height to other roof mounted appurtenances (e.g., chimneys) allowed for by this Code.
3. The antenna will not be installed in violation of Section 17.02.040, view preservation and restoration.
4. In the event that the antenna has to be installed such that it is readily visible from the public right-of-way it shall be professionally installed in a location to ensure minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or parking space.
6. If required by any law, rule or regulation the antenna shall be licensed with the FCC.
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7. The antenna complies with all FCC radio frequency (RF) exposure limits and located such that it will minimize exposure to residents.
8. Only three antennas shall be allowed per dwelling unit in residential zoning districts or on legal nonconforming residential lots unless approved by the city pursuant to an OTARD permit.
9. Professional installation shall be required for all transmitting antennas to ensure safety to residents.
C. OTARD permit.
1. All OTARD permits shall be processed and reviewed consistent with consistent with the provisions detailed in Chapter 17.73 for a conditional wireless facility permit including the application contents detailed at Section 17.73.040 and shall be reviewed by the planning commission at a noticed public hearing. An interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance with all applicable provisions of this section.
b. The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible, and has shown that all alternative locations and designs identified by the city were technically infeasible or not reasonably available.
c. The appropriate exemptions have been approved by the director and not appealed. If appealed, the director's decision has been upheld.
D. State and federal law.
1. The implementation of this section and decisions on applications for placement of OTARDs shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined by the director that an exemption is necessary because the applicant has established that denial of an application would violate federal or state law including but not limited to Code of Federal Regulations at Title 47, Section 1.40000 et seq., including precluding use of the antenna by impacting the reception or transmission of an acceptable quality signal.
2. If an applicant contends that denial of the application would violate state or federal law, the applicant must provide all information and studies upon which the applicant relies on in support of that claim for the director's review and consideration. No such exemption shall be granted unless the applicant demonstrates with clear and convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
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b. The applicant has demonstrated that strict compliance with any provision in this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed OTARD(s) including full-color signal propagation maps with objective units of signal strength measurement demonstrating coverage which would be accomplished with the requested exemption(s) and why this coverage is necessary, as compared to an installation without the requested exemption(s).
d. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s), suggested by the city or otherwise, are not technically feasible or reasonably available. In addition, the applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design which deviates from the requirements of this chapter is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable objectives.
3. If the director approves an exemption to the requirements of this chapter, said exemption shall be limited only to the minimum extent required to avoid a potential violation of state or federal law. Notice of such decision shall be given to the applicant, to all owners of property adjacent to the subject property. as well as any persons who have requested notice for the subject permits, pursuant to subsection 17.80.090(E). Any interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant to Chapter 17.80 (hearing notice and appeal procedures) of this title.
(Ord. No. 682, § 3(Exh. A), 6-18-2024)
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