This article establishes development standards consistent with State and Federal law to: regulate the placement and design of wireless communication facilities so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City.
(Ord. 23-945, 8/17/2023)
The location, permit requirements, and other provisions of this article shall apply to all wireless communications facilities within the City on private and public property, except the following facilities, which are exempt from this article:
(a) 
Licensed amateur (ham) radio and citizen band operations.
(b) 
Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
(c) 
Public safety communications radio.
(d) 
Radio and television mobile broadcast facilities.
(e) 
Antennas and equipment cabinets or rooms completely located inside of permitted structured.
(f) 
A temporary wireless communication facility mounted on a trailer or portable foundation, with approval of the City Manager for an emergency for a period of up to one year.
(g) 
Over-the-air reception devices (OTARDs) as defined in 47 CFR Section 1.4000 et seq., as may be amended or superseded.
(h) 
Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the FCC or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director, or their designee, with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.
(i) 
Minor modifications to existing wireless communications facilities that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this article and will have little or no change in the visual appearance of the wireless communications facility.
(j) 
Wireless communications facilities which are proposed to be located in the public rights-of-way. These are subject to permitting under Section 3-6.403(b)(1).
(Ord. 23-945, 8/17/2023)
(a) 
Permit Required. Design review approval or a conditional use permit is required for all wireless communications facilities subject to this article. These include the following:
(1) 
Type 1 — Collocation by Right Facilities (Government Code Section 65850.6). Design review approval is required for collocation facilities when proposed on a wireless communications collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communication collocation facility in compliance with CEQA, and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
(2) 
Type 2 — Eligible Facilities Requests (EFR). Design review approval is required for eligible facilities requests.
(3) 
Type 3:
(i) 
Small Cell Facilities. Small cell facilities require design review approval.
(ii) 
Non-EFR Collocations. Placements on existing structures that do not have wireless communications facilities already on them and collocations on towers and base stations that do not qualify as eligible facilities requests require design review approval.
(4) 
Type 4 — Major Wireless Communications Facilities. Applications for wireless communications facilities that do not qualify under any of the other categories listed in Subsection (a)(1) through (3), are considered major wireless communications facilities and require a conditional use permit.
(Ord. 23-945, 8/17/2023)
(a) 
Generally. Wireless communication facilities, other than Type 1 and 2, shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.
(1) 
Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.
(2) 
Noise. Wireless communications facilities and all accessory equipment and transmission equipment must comply with the City's noise limits in Title 5, Chapter 2.
(3) 
Lighting. No wireless communications shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area properties.
(4) 
Signs. No wireless communications facility may display any signage or advertisement unless it is expressly allowed by the City with a written approval, recommended under FCC regulations, or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the owner's unique site number and a local or toll-free telephone number to contact the facility owner's operations center.
(5) 
Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site.
(6) 
Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing support structure/facility.
(7) 
Materials. The materials used shall be non-reflective and non-flammable.
(8) 
Undergrounding Utilities Required. Electrical and communications conduit and wiring shall be placed underground.
(9) 
Site Selection. Sites for wireless communications facilities shall be selected according to the following order of preference:
(i) 
Commercial General (C-G) Zones;
(ii) 
Commercial Planned Development (CPD) Zones;
(iii) 
All Specific Plan (SP) Zones, restricted to rooftop facilities only;
(iv) 
Open Space and Recreational (OS-R) Zones, restricted government agency projects and properties only;
(v) 
Light Manufacturing (M-1) Zones; and
(vi) 
Heavy Manufacturing (M-2) Zones.
(10) 
Placements on Existing Structures. The City encourages placement of wireless communications facilities on appropriate existing structures and towers subject to reasonable engineering requirements.
(11) 
Rooftop Facilities. All rooftop wireless communications facilities and equipment shall be screened and not be visible from public view.
(12) 
Setbacks. The facility shall not be located within any front, side, or street-side setbacks in any zoning district and shall not extend beyond the property lines. In zoning districts that do not have setbacks, the facility shall not be located within a minimum of 20 feet of any front property lines and a minimum of 10 feet of any side or rear property lines.
(13) 
Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone facilities shall use designs that are compatible and blend in with the surrounding area, for example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective.
(14) 
Compliance. All wireless communication facilities shall also comply with all applicable requirements of State and Federal law.
(Ord. 23-945, 8/17/2023)
(a) 
Application Requirements. The Director, or their designee, shall establish and maintain a list of information that must accompany every application for the approval of a wireless communication facility. Applications shall contain the following minimum application requirements. The Director, or their designee, may amend the requirements as the Director deems appropriate to achieve the purposes of this article.
(1) 
Minimum Application Requirements. The following are the minimum criteria applicable to all wireless communications facilities, unless noted otherwise.
(i) 
Name, address, phone number, email address of:
(A) 
The owner of the proposed facility;
(B) 
The applicant, if different than owner; and
(C) 
The proposed service provider that plans to make use of the facility.
(ii) 
A clear written description of the proposed wireless communications facility that includes the number of antennas, the location and length of fiber/cable, the location and dimensions of all related equipment (cabinets, generators, batteries, cooling, transmitters, hubs etc.).
(iii) 
A site plan with photos or photo-simulations, depicting the location and dimension of the proposed wireless communication facility and of the existing surrounding area features including structures, roads, trees, and similar items.
(iv) 
A signed authorization by the applicable property owner consenting to the installation and/or modification of the proposed wireless communication facility.
(v) 
Information regarding potential environmental impacts (e.g., noise, visual, traffic, etc.) that may result from the installation of the wireless communication facility.
(vi) 
Certification by a qualified third party that the proposed wireless communication facility will comply with applicable radio frequency (RF) emission standards as established by the FCC.
(vii) 
If applicable, an explanation for any waiver from or modification to any of the design standards or other requirements of this article.
(2) 
Technical Consultant. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. The cost of the consultant will be at the applicant's expense.
(3) 
Public Notice.
(i) 
Design Review Approval. Wireless communication facility applications that require design review approval shall not be subject to the notice requirements specified in Article 23 of this chapter.
(ii) 
Conditional Use Permit. Wireless communication facility applications that require a conditional use permit shall be subject to the notice requirements specified in Section 9-2.2301.
(4) 
Incompleteness. Applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. If such an application is incomplete, the Director, or their designee, may notify the applicant in writing, and specifying the material omitted from the application.
(b) 
Review Authority.
(1) 
Type 1, 2, and 3. The Director, or their designee, shall be the decision-making authority for wireless communications facilities that are Type 1, 2, and 3. A public hearing is not required.
(2) 
Type 4. The Commission shall be the decision-making authority for wireless communications facilities that are Type 4. A public hearing is required.
(c) 
Appeals.
(1) 
Type 1, 2, and 3. Any person adversely affected by the decision of the Director, or their designee, pursuant to this article may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.2008.
(2) 
Type 4. Any person adversely affected by the decision of the Commission pursuant to this article may appeal the decision by filing an appeal in accordance with the procedures specified in Section 9-2.1901.
(d) 
Required Findings.
(1) 
Findings for Type 1. The criteria specified in Section 9-2.2005, do not apply. The Director, or their designee, shall make the following findings:
(i) 
The collocation by right facility meets the requirements of Section 9-2.4203(a)(1)(i).
(2) 
Findings for Type 2. The criteria specified in Section 9-2.2005, do not apply. The Director, or their designee, shall make the following findings:
(i) 
The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The Director, or their designee, shall make an express finding for each criterion;
(ii) 
The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (iv), or any successor provisions; and
(iii) 
The proposed collocation or modification will comply with all generally applicable laws.
(3) 
Findings for Type 3. The Director, or their designee, shall make the following findings:
(i) 
All the criteria specified in Section 9-2.2005 are met;
(ii) 
The wireless communications facility complies with this article and conforms with the standards applicable to the proposed facility, or to the extent it does not comply, the findings for waiver or modification can be made; and
(iii) 
That the proposed facility meets applicable requirements and standards of State and Federal law.
(4) 
Findings for Type 4. The Commission shall make the following findings:
(i) 
The findings specified in Section 9-2.1704 are met;
(ii) 
The proposed wireless communications facility complies with this article and conforms with the standards applicable to the proposed facility, or to the extent it does not comply, the findings for waiver or modification can be made; and
(iii) 
That the proposed facility meets applicable requirements and standards of State and Federal law.
(e) 
Conditions of Approval. All entitlements issued in accordance with this article, except for those issued for Type 2 facilities, whether approved by the decision-making authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this article. The decision-making authority shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this article.
(1) 
Strict Compliance with Approved Plans. The wireless communications facility shall be constructed and maintained in strict conformity with the submitted and approved plans.
(2) 
Permit Term. Except for Type 1 facilities, the permits for a wireless communications facility, expire 10 years from issuance and must be renewed in order to continue the use. Any other permits or approvals issued in connection with an application subject to this article, which includes, without limitation, any permits or other approvals deemed-granted or deemed-approved under Federal or State law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under Federal or State law.
(3) 
Maintenance Obligations — Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
(4) 
Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.
(5) 
Compliance with Laws. The permittee shall maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law applicable to the permittee, the subject property, the wireless communications facility or any use or activities in connection with the use authorized in the permit, which includes without limitation any laws applicable to human exposure to RF emissions. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the City Code, any permit, any permit condition or any applicable law or regulation, the permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the City Code, any permit, any permit condition or any applicable law or regulation.
(6) 
Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not "adverse impacts" for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction hours authorized by the City Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director, or their designee, may issue a stop work order for any activities that violate this condition.
(7) 
Inspections — Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City's officers, officials, staff or other designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City's officers, officials, staff or other designee while any such inspection or emergency access occurs.
(8) 
Indemnification. The permittee, and their successors in interest, shall indemnify and defend the City and its officers, officials, staff or other designee from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defense of any lawsuit challenging the City's actions concerning this project.
(9) 
Permittee's Contact Information. The permittee shall furnish the Director, or their designee, with accurate and up-to-date contact information for a person responsible for the wireless communications facility, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director, or their designee, with updated contact information in the event that either the responsible person or such person's contact information changes.
(10) 
Performance Bond. Prior to the issuance of any construction permit in connection with a permit for a wireless communications facility, the permittee shall post a performance bond from a surety and in a form acceptable to the Director, or their designee, in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless communications facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless communications facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws.
(11) 
Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide 30 days' prior notice to the City of to the cancellation or material modification of any applicable insurance policy.
(12) 
Abandonment. If a facility is determined by the Director, or their designee, not to be operating, the wireless communications facility authorized by the permit and any other permit or approval therefor shall be deemed abandoned and the permits terminated automatically, unless (i) the facility has resumed operations within 90 days from a written notice from the Director, or their designee; or (ii) the City has received an application to transfer the permit(s) to another service provider. No later than 30 days from the date the facility is determined to have been abandoned or the permittee has notified the Director, or their designee, of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director, or their designee. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been terminated pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
(13) 
Encourage Collocation. Where the wireless communications facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility and the City Code, the owner and operator of the existing facility shall allow collocation of third party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
(14) 
Records. Permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless communications 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.
(15) 
Attorneys' Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys' fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with the permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.
(f) 
Conditions of Approval for Type 2. All Type 2 facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director, or their designee:
(1) 
Permit Subject to Conditions of Underlying Permit. The City's grant or any approval deemed granted by operation of law of an eligible facilities request design review approval shall be subject to the terms and conditions of the existing permit for the subject tower or base station.
(2) 
No Term Extension for Underlying Permit. The City's grant or deemed grant by operation of law of an eligible facilities request design review approval constitutes a Federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request design review approval will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
(3) 
City's Standing Reserved. The City's grant or any approval deemed granted by operation of law of an eligible facilities request design review approval does not waive, and shall not be construed to waive, any standing by the City to challenge 47 U.S.C. Section 1455(a), any FCC rules that interpret 47 U.S.C. Section 1455(a) or any eligible facilities request.
(Ord. 23-945, 8/17/2023)
The decision-making authority may waive or modify requirements of this article upon finding that strict compliance would result in noncompliance with applicable Federal or State law, or would require a technically infeasible location, design or installation. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance or the technical infeasibility. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.
(Ord. 23-945, 8/17/2023)