DS+O SECTION
Source Type Comment
Ordinance
Definitions
NCO
(meeting 2/7/24)
Definition Clarity Define what a "technical infeasibility" is.
Ordinance
Definitions
NCO
(Greenfire Law)
Definition Clarity Define "effective prohibition" based on rulings of the Ninth Circuit courts and the necessary information required.
Ordinance
Definitions
BC4AD
(letter 3/24)
Coverage Define "significant gap" based on First Circuits ruling of "whenever a provider is prevented from filling a significant gap in it's own service.
Ordinance
Tolling
NCO
(letter 2/14/24)
Appeal Add a provision to allow City to toll any shot clock to accommodate appeal hearings' scheduling and motion.
Ordinance
Appeals
NCO
(meeting 2/7/24)
Appeal Increase duration of the 5-day appeal window.
Ordinance
Appeals
NCO
(letter 2/14/24)
Appeal Remove that the Appellant has the burden of proof during appeals.
Ordinance
Violations and Fines
NCO
(letter 2/14/24)
RF Emissions Implement fines for non-compliance with permitted improvements and RF emissions.
Ordinance
Violations and Fines
BC4AD
(letter 3/24)
Implement fines and banning program for ERP violations (as a way to generate revenue).
Design Standards
Site Location
NCO
(meeting 2/7/24)
Residential
Restrictions
Treat residential areas as Restricted Sites. Restrict wireless installations in residential zones and within 500-ft of residential zones.
Design Standards
Site Location
NCO
(Greenfire Law)
Residential
Restrictions
Regulate proximity to residences.
Design Standards
Site Location
NCO
(meeting 2/7/24)
Private Property Do not allow wireless installations on private property.
Design Standards
Site Location
NCO
(letter 2/14/24)
Private Property Define preference for locating on private property over the ROW and prefer collocation on Macro or transmission towers.
Design Standards
Site Location
NCO
(Greenfire Law)
Residential
Restrictions
Provide specific restrictions on placement within residential areas, schools, and parks. Palo Alto has a 600-ft restriction from schools.
Design Standards
Site Location
NCO
(Greenfire Law)
Residential
Restrictions
Copy Encinitas "the technically feasible location farthest from all residences will be deemed the most preferred alternative" Design Standards
Pole Selection
NCO
(Greenfire Law)
Freestanding PolesDefine the preference of new freestanding poles where there are more prefered zones nearby.
Design Standards
Pole Selection
NCO
(meeting 2/7/24)
City Streetlights Do not allow City streetlights to be used/leased for wireless installs.
Design Standards
Pole Selection
BC4AD
(letter 3/24)
Design Do not allow strand mount antennas
Design Standards
Pole Selection
NCO
(Greenfire Law)
Design Add spacing requirements between all poles, not just between freestanding poles.
Design Standards
Aesthetic Standards
BC4AD
(letter 3/24)
Definition Clarity Define "least obtrusive" using the "least intrusive means" standard from Second and Third Circuit courts: "Allows for a meaningful comparison of alternative sites and identifies the best solution for the community, not merely the last one remaining"
Design Standards
Aesthetic Standards
NCO
(Greenfire Law)
Definition Clarity Revise "obstruction of views" to have a detailed definition of where facilities cannot be installed. Palo Alto restricts installs within the central 50% of a property's front PL.
Design Standards
Aesthetic Standards
NCO
(Greenfire Law)
Definition Clarity Maximally require facilities to be "stealth"
GENERAL PUBLIC INPUT
General Public Input 1 of 3
ATTACHMENT 1 - CONSOLIDATED PUBLIC REQUEST LIST
DS+O SECTION
Source Type Comment
GENERAL PUBLIC INPUT
Design Standards
Aesthetic Standards
NCO
(meeting 2/7/24)
Design Standard
Aesthetics
Limit the height of the antenna placement such that they're not inline with bedrooms.
Design Standards
Aesthetic Standards
NCO
(Greenfire Law)
Definition Clarity Revise "protection of trees" to allow for some flexibility with 'harmless' pruning for sites with more preferred locations.
Design Standards
Aesthetic Standards
NCO
(meeting 2/7/24)
Freestanding Poles Have separate aesthetic criteria for freestanding poles.
Design Standards
Aesthetic Standards
NCO
(letter 2/14/24)
Design Standard
Aesthetics
Include a criteria of Property Value consideration for adjacent parcels.
Design Standards
Aesthetic Standards
BC4AD
(letter 3/24)
RF Emissions Regulate the ERP at the antenna face of wireless facilties such that the equipment will not exceed the level necessary for telecommunications service.
Design Standards
Process and Procedures
NCO
(meeting 2/7/24)
Notices and
Meetings
Require mandatory neighborhood meetings.
Design Standards
Process and Procedures
NCO
(meeting 2/7/24)
Notices and
Meetings
Require notices to also be provided in Spanish and Chinese Design Standards
Process and Procedures
NCO
(meeting 2/7/24)
Process and
Procedures
Publicly post application packages that are still under review instead of waiting for public requests.
Design Standards
Process and Procedures
NCO
(Greenfire Law)
Process and
Procedures
Clarify that a technical expert consultant will be presumably required to review gaps.
Design Standards
Process and Procedures
NCO
(meeting 2/7/24)
Process and
Procedures
Require that Fire Department review applications.
Design Standards
Process and Procedures
NCO
(meeting 2/7/24)
Process and
Procedures
Allow public to attend an Applicants's weekly submittal meetings.
Design Standards
Process and Procedures
NCO
(letter 2/14/24)
Process and
Procedures
Define the appeal process including the behind the scenes communication and coordination.
Design Standards
Standard COAs
NCO
(meeting 2/7/24)
RF Emissions Require frequent RF assessment reports be submitted.
Design Standards
Standard COAs
NCO
(meeting 2/7/24)
RF Emissions Require City to perform annual RF inspections.
Design Standards
Standard COAs
NCO
(Greenfire Law)
Insurance and
Liability
Indemnification shall come from any parent entitiy, not just the permittee.
Design Standards
Standard COAs
NCO
(meeting 2/7/24)
Insurance and
Liability
Require pollution insurance to cover RF emissions.
Application
Submission Form
NCO
(meeting 2/7/24)
Insurance and
Liability
Require applicant certify all submitted materials are under the penalty of perjury.
Application
Submission Form
BC4AD
(letter 3/24)
Application Require applicants, upfront, provide written notice of any claim to an effective prohibition from the Ordinance, design standards, or app.
Application
Photo Simulations
NCO
(Greenfire Law)
Design Standard
Aesthetics
Require mock-ups of maximum expansion for future add-ons.
Application
Environmental
NCO
(Greenfire Law)
NEPA Clarify that the applicant must establish compliance with the FCC's NEPA regulations and provide proof of the necessary NEPA checklist completion.
General Public Input 2 of 3
DS+O SECTION
Source Type Comment
GENERAL PUBLIC INPUT
Application
Purpose and Technical
Objectives
NCO
(meeting 2/7/24)
Coverage Require applicant to submit "lack of coverage" information and verified via a "drive test"
Application
Purpose and Technical
Objectives
BC4AD
(letter 3/24)
Coverage Require applicants to submit Signal Maps, dropped call records, and perform drive tests.
Application
Purpose and Technical
Objectives
BC4AD
(letter 3/24)
Coverage Require applicants to submit speed test data sampling corresponding to a propagation model that generated the coverage maps.
Application
Purpose and Technical
Objectives
NCO
(Greenfire Law)
Coverage Require to detail the geographic distribution of personal wireless services currently available and explain the function of the service intended to be provided.
Application
Purpose and Technical
Objectives
BC4AD
(letter 3/24)
Coverage Defined that "inadequate coverage" shall not be where a frequency or frequencies its customers use are not the most preferred frequency of the carrier.
Application
Purpose and Technical
Objectives
NCO
(meeting 2/7/24)
Coverage Require applicant to state what type of service is to be provided (WiFi, Cellular, Broadband, 5G, etc.)
Application
Purpose and Technical
Objectives
BC4AD
(letter 3/24)
Coverage Require applicants explain the necessity/need of a site. "The technology required for the equipment to function and anything less will result in a prohibition of provision of service"..."Any situation involving a workable choice between or among alternatives is not a need or necessity."
Application
Structural Analysis
NCO
(Greenfire Law)
Structural Analysis Include wind and temperature in structural analysis. Include 100-yr flood resilience. Include description of launch and fall zones.
REFERENCES
NCO (Meeting 2/7/24) An in-person meeting between City staff and the NoCellOuts group at City Hall on 2/7/2024.
NCO (Greenfire Law) A letter written by Greenfire Law, PC (Ariel Strauss) on behalf of NoCellOuts dated 12/13/2023.
NCO (Letter 2/14/24) A letter of NoCellOuts comments regarding the staff Appeal Training Presentation for SIC meeting 2/14/2024.
BC4AD (Letter 3/13/24) A report of BC4AD comments on the Wireless ordinance, design standards, and application 3/2024 General Public Input 3 of 3