(a) 
The purpose of this chapter is to provide a uniform and comprehensive set of regulations and development standards for the permitting, development, siting, installation, design, operation, and maintenance of wireless facilities in the public right-of-way, as those terms are defined herein. These regulations are intended to prescribe clear and reasonable time, place and manner and aesthetic regulations in order to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless facilities in the public right-of-way. This chapter provides standards necessary to:
(1) 
Promote and protect public health and safety, community welfare, visual and environmental resources, and the unique visual character and quality of the city; and
(2) 
Provide for the orderly, managed, and efficient development of wireless facilities in accordance with the state and federal laws, rules and regulations.
(b) 
This chapter is not intended to, nor shall it be interpreted or applied to:
(1) 
Wireless facilities outside the public right-of-way;
(2) 
Prohibit or effectively prohibit any wireless service provider's ability to provide wireless services;
(3) 
Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules;
(4) 
Unreasonably discriminate among providers of functionally equivalent services;
(5) 
Deny any request for authorization to place, construct or modify wireless facilities in the public right-of-way on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the Federal Communications Commission's (FCC) regulations concerning such emissions;
(c) 
Prohibit any collocation or modification that the city may not deny under federal or state law; or
(d) 
Otherwise authorize the city to preempt any applicable federal or state law.
(Ord. 1116 § 2 (Exh. A), 2024)
The terms below shall have the following meanings as used in this chapter:
(a) 
"Antenna"
means a device for transmitting and receiving radio frequency signals. "Antenna" includes panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas, multiple antenna configurations, or other similar devices and configurations. "Antenna" includes a distributed antenna system (DAS), which is a network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
(b) 
"Base station"
means all equipment and apparatus, excluding antennas, that are components of the wireless communication facility, including any antenna support system regular and backup power supply, other associated electronics, electronic receiving and relay equipment, enclosed equipment, electrical meters, and the necessary housing and foundations.
(c) 
"Camouflaged"
means designed to mask or blend with the surrounding environment in such a manner as to render it generally unnoticeable to the casual observer. By way of example, a wireless communication facility may be camouflaged as a faux tree, faux bush, flagpole or water tower, or otherwise designed in a manner to be compatible with the appurtenant architecture, building or natural surroundings.
(d) 
"Cantenna"
means a structural, weatherproof enclosure that protects an antenna. Cantennas protect antenna surfaces from weather and/or conceal antenna accessory equipment from public view.
(e) 
"Cellular"
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
(f) 
"Collocation"
means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended.
(g) 
"Communication facility"
means an unstaffed facility, generally consisting of antennas and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals.
(h) 
"Concealed"
means not observable. By way of example, a wireless communication facility shall be considered concealed if it is contained within new or existing architectural details of a building, e.g., a real or faux clock or bell tower, or on the roof of a building and concealed by parapets or screen walls, or concealed by any other means, so long as the wireless communications facility does not substantially compromise the aesthetics of the building, and the new concealment element has been approved under a wireless communication facility permit.
(i) 
"CPCN"
means a "Certificate of Public Convenience and Necessity" granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.
(j) 
"CPUC"
means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
(k) 
"Director"
means the public works director or their designee.
(l) 
"Eligible support structure"
means the same as defined in 47 C.F.R. § 1.6100(b)(4), as may be amended, which means any tower or base station; provided, that it is existing at the time the relevant application is filed with the city under this section.
(m) 
"Eligible facilities request"
means the same as defined in 47 C.F.R. § 1.6100, as may be amended.
(n) 
"Equipment cabinet"
means a cabinet or structure used to house equipment associated with a wireless communication facility.
(o) 
"Existing"
means the same as defined in 47 C.F.R. § 1.6100, as may be amended, which provides that a constructed tower or base station is existing if it has been reviewed and approved under the applicable siting process, or under another state or local regulatory review process.
(p) 
"FCC"
means the Federal Communications Commission or its duly appointed successor agency.
(q) 
"FCC shot clock"
means the time frame that the FCC has identified as presumptively reasonable within which the city generally must act on a given wireless application as set forth in 47 C.F.R. § 1.6003, as may be amended.
(r) 
"Light standard"
means a raised light source, supported by a concrete, metal or wood pole, located on the edge of a sidewalk, street, and/or pathway.
(s) 
"Modification"
means any change to an existing wireless communications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction or augmentation, including, but not limited to, a change in size, shape, color, visual design or exterior material. "Modification" does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction or augmentation.
(t) 
"Monopole"
means a single freestanding pole, post or similar structure, used to support equipment associated with a wireless communication facility.
(u) 
"Personal wireless services" or "wireless services"
means personal wireless service, as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended.
(v) 
"Permittee"
means an applicant who obtains a wireless facilities permit.
(w) 
"Pole"
means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the City of Menlo Park Municipal Code.
(x) 
"Public right-of-way" or "right-of-way"
means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.
(y) 
"RF"
means radio frequency or electromagnetic waves between thirty (30) kHz and three hundred (300) GHz in the electromagnetic spectrum range.
(z) 
"Related equipment" or "equipment"
means equipment ancillary to the transmission and reception of voice and data via radio frequencies. "Related equipment" may include, but is not limited to, cable, conduit and connectors.
(aa) 
"Service provider"
means any authorized provider of personal wireless services to end users.
(bb) 
"Shroud"
means a covering or enclosure or screen intended to conceal a small wireless facility, and/or equipment associated with a communications facility.
(cc) 
"Small wireless facility"
is a wireless communications facility that meets the definition set forth by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which provides:
(1) 
The facilities:
(A) 
Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
(B) 
Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or
(C) 
Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;
(2) 
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume;
(3) 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
(4) 
The facilities do not require antenna structure registration under Part 17 of Chapter I of the Electronic Code of Federal Regulations;
(5) 
The facilities are not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
(6) 
The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
(dd) 
"Stealth design"
means a wireless facility designed to look like something other than a wireless communications facility and that is concealed from view by being designed as a structure, improvement or feature that is consistent with the surrounding environment in which is located, such as a flagpole or tree.
(ee) 
"Substantial change"
means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended.
(ff) 
"Wireless facility"
means wireless communication facilities that transmit and/or receive electromagnetic signals, including, but not limited to, the following technologies: cellular, personal communication services (PCS), general mobile radio services (GMRS), family radio service (R/C), interactive video and data services (IVDS), low power radio service (LPRS) and paging systems. It includes antennas and all other types of equipment used in the transmission or receipt of such signals, structures designed and placed specifically to support this equipment; associated equipment cabinets and/or buildings; and other accessory development. It does not include radio and television towers, antennas or related equipment for commercial broadcast or amateur use; citizens band and any other miscellaneous telemetric and control communications systems.
(gg) 
"Wireless facilities permit"
is a permit issued by the city of Menlo Park for the installation of a wireless facility in the public right-of-way.
(hh) 
"Wireless services"
has the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded.
(ii) 
"Working days"
shall mean days the city of Menlo Park are open for business.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
Notwithstanding any other regulation or purported regulation in the Menlo Park Municipal Code, this chapter shall apply to all small wireless facilities seeking to locate in the public right-of-way and any requests to construct, install, modify, collocate, relocate or otherwise deploy, operate, and maintain small wireless facilities in the public right-of-way.
(b) 
Wireless facilities existing within the public right-of-way with some other permit or other form of approval by the city as of the date of adoption of the ordinance codified in this chapter shall not be required to obtain a wireless facilities permit until such time as their existing permit or form of approval expires.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
A small wireless facility may be constructed upon issuance of a wireless facilities permit. The director shall act as the approving authority for the issuance of the wireless facilities permit. All wireless facilities proposed to be installed shall require submittal and review and approval by the director before building permit approval for such wireless facilities.
(b) 
Applicants shall obtain any building or encroachment permits required under Title 12 and this title for installation of a small wireless facility in the public right-of-way. The applicant may, but is not required to, submit an application for an encroachment permit required for the small wireless facility at the same time and if the applicant files a complete application for the wireless facilities permit, the complete permit application shall be reviewed concurrently with the wireless facilities permit application.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
The director shall not approve any request for a wireless facilities permit except upon a duly filed application consistent with this chapter, and/or any other written rules the city of Menlo Park or the director may establish from time to time in any publicly stated format.
(b) 
Application. All applications for a wireless facilities permit must include all the information and materials required by the director for the application, including:
(1) 
Compliance with any permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director finds necessary, appropriate or useful for processing any application governed under this section.
(2) 
At a minimum, the application shall include the following:
(A) 
Information pertaining to the applicant, including, but not limited to, associated agents assisting in the preparation of the application, address, and whether applicant has obtained a CPCN;
(B) 
Detailed site and engineering plan for the proposed small wireless facility installation, including all related equipment necessary for its operation, signed and stamped by a licensed or registered engineer, that depicts all the existing and proposed improvements, equipment and conditions related to the proposed project;
(C) 
Documents showing the geographic service area for the proposed small wireless facility installation, and all of applicant's existing site installations in the city or proposed site installations which are pending review by the city at the time the application is submitted;
(D) 
Depictions of proposed small wireless facility and all related equipment; and
(E) 
Certification by a certified radio-frequency engineer that the small wireless facility installation will be in compliance with the FCC standards for RF emissions as they relate to the general public, as to both (i) the individual small wireless facility installed by the applicant, and (ii) the total emissions that will be generated by all RF-emitting equipment collocated on the same structure after installation of the new wireless facility.
(3) 
The director is authorized to establish other reasonable rules related to permit application processing as the director deems necessary to manage the application intake process. All such rules must be in written form and publicly available to all applicants.
(4) 
Applications shall include any applicable fees and/or deposits. The city council shall set the amount, type, and other terms of such fee(s) and/or deposits from time to time by means of resolution or ordinance.
(c) 
If the application is to collocate a small wireless facility on an existing wireless facility or to modify an existing wireless facility, the application shall address whether the application is a collocation or an eligible facilities request and submit the documentation necessary to support the applicant's determination.
(d) 
Applications will be processed, and, if incomplete, a notice of incomplete application shall be provided to the applicant, in conformity with state, local and federal law. If such an application is incomplete, the director shall notify the applicant in writing, specifying the material omitted from the application in conformance with the applicable time frames established under the FCC shot clock.
(e) 
An applicant for a small wireless facility proposed to be located on city-owned infrastructure, such as poles, in the right-of-way shall enter into a master license agreement (MLA) with the city, in a form approved by the city attorney, which may be processed simultaneously with the wireless facilities permit. An applicant for a small wireless facility on infrastructure not owned by the city shall provide proof of a right to install the small wireless facility for the duration of the wireless facilities permit, such as a lease.
(f) 
Requests for waivers from any requirement of this section shall be made in writing to the director or their designee. The director may grant or deny a request for a waiver pursuant to this section. The director may grant a request for waiver for an application requirement if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted. All waivers approved pursuant to this section shall be (1) granted by the director only on a case-by-case basis, and (2) narrowly tailored to minimize deviation from the requirements of this section.
(Ord. 1116 § 2 (Exh. A), 2024)
The design, siting, and engineering standards that shall apply to each small wireless facility shall be adopted by resolution of the city council and may be amended from time to time. These design, siting, and engineering standards shall be enforced by the public works director to the extent they do not prohibit or effectively prohibit any wireless service provider's ability to provide wireless services or otherwise violate any standards for wireless facilities established by the FCC. The design, siting, and engineering standards shall be made available on the city's website and available for inspection upon request during working days.
(Ord. 1116 § 2 (Exh. A), 2024)
The director is explicitly authorized, at their discretion, to retain an independent technical consultant to review materials submitted by the applicant and provide an analysis of issues including, but not limited to, any technical materials submitted by the applicant. The applicant shall pay all the actual costs of said technical review, including any administrative costs incurred by the city in accordance with any applicable deposits established by city council shall from time to time by means of resolution.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
Required Findings for Approval.
(1) 
The director shall approve or conditionally approve an application for a wireless facilities permit submitted under this chapter when the director finds:
(A) 
The proposed small wireless facility complies with all applicable provisions of Section 13.32.050; and
(B) 
The proposed small wireless facility complies with the design, siting, and engineering standards; or
(C) 
A waiver pursuant to Section 13.32.050(f) has been granted which negates compliance with one (1) or more requirements of Section 13.32.050 or is necessary to comply with federal or state law.
(b) 
Denials. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the director's ability to deny without prejudice any application for a wireless facilities permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in this chapter. In conjunction with any denial, the director shall issue a written decision stating the reasons therefor.
(c) 
Notice. Notice of the director's determination shall be given in writing to the applicant and any interested person that has requested notice of any actions relating to the application. Notice of the director's determination may be provided via U.S. mail or electronic mail.
(d) 
Appeals. Any interested person or entity may appeal any decision by the director in accordance with the following:
(1) 
Except as provided in subsections (d)(2) through (d)(4) of this section, any person adversely affected by a decision by the director pursuant to this chapter may file an appeal of the director's decision within five (5) working days of the written decision with the city clerk along with the applicable appeal fee, which may be adopted by the city council from time to time. The appeal will be considered by the city manager or their designee who may decide the issues de novo and the decision will be the final decision of the city.
(2) 
Where the director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, any appeals must be filed within two (2) working days of the written decision of the director, unless the director extends the time therefor. The appeal shall also be filed with the city clerk along with the applicable appeal fee, which may be adopted by the city council from time to time. An extension of time to file an appeal may not be granted where extension would go beyond the applicable FCC shot clocks.
(3) 
Consideration of any appeal by the city manager or their designee shall be conducted so that a timely written decision may be issued in accordance with applicable law.
(4) 
Appeals from an approval will not be permitted on the basis of perceived environmental effects of the proposed small wireless facility including, but not limited to, RF emissions of the proposed facility.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
In addition to any other conditions of approval permitted under federal and state law and the City of Menlo Park Municipal Code that the director deems appropriate, all wireless facilities permits under this chapter shall include the following standard conditions of approval:
(1) 
Term. A wireless facilities permit shall be valid for a ten (10) year period following its issuance, and it shall automatically expire on the ten (10) year anniversary of its issuance unless renewed before its expiration.
(2) 
Wireless Facilities Permit Expiration. At the end of the term, the wireless facilities permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless permit must either: (A) remove the wireless facility within thirty (30) days following the permit's expiration (provided that removal of support structure owned by the city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or (B) at least ninety (90) days before expiration, submit an application to renew the permit, in which case the wireless facility may remain in place until it is acted upon by the city and all appeals from the city's decision exhausted.
(3) 
Strict Compliance With Approved Plans. The permittee must construct, install and operate the small wireless facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the director's review.
(4) 
Build-Out Period. The wireless facilities permit shall automatically expire one (1) year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the City of Menlo Park Municipal Code, the federal, state or other local public agencies with jurisdiction over the subject property, the small wireless facility or its use. The director may grant one (1) written extension to a date certain, not to exceed two (2) additional years, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least thirty (30) days before the expiration date in this condition.
(5) 
Maintenance Obligations—Vandalism. The permittee shall keep the small wireless facility and its equipment, fences and landscape features, as applicable, in a neat, clean and safe condition in accordance with the approved plans and all conditions in the wireless facilities permit. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism to the small wireless facility and its equipment, fences and landscape features, as applicable, within seventy-two (72) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
(6) 
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 ("laws") applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any laws applicable to human exposure to RF emissions. 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. In the event that the city fails to timely notice, prompt or enforce compliance with any applicable provision in the City of Menlo Park Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the City of Menlo Park Municipal Code, any permit, any permit condition or any applicable law or regulation.
(7) 
RF Compliance. All facilities must comply with all applicable standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF emissions at all times during the term of the wireless facilities permit.
(8) 
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. 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 work hours authorized under Chapter 8.06. 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. The director may issue a stop work order for any activities that violate this condition.
(9) 
Permittee's Contact Information. The permittee shall furnish the director with accurate and up-to-date contact information for a person responsible for the wireless 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 with updated contact information in the event that either the responsible person or such person's contact information changes.
(10) 
Indemnification. The permittee shall defend, indemnify and hold harmless the city, city council and its commissions, agents, officers, officials, employees, and volunteers from any and all (A) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, law suits, writs, and other actions or proceedings ("claims") brought against the city or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the city's approval of this permit, and (B) other claims of any kind or form, whether for personal injury, death or property damage that arise from or in connection with the permittee's or its agents', director's, officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the city becomes aware of any claims, the city will use best efforts to promptly notify the permittee and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees 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 promptly reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the city to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.
(11) 
Performance Bond. Before the public works department issues any construction permit in connection with the wireless facilities permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred percent (100%) of the cost of removal of the facility. The bond or security required by this section shall be in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless communication facilities removal. In establishing the amount of the security, the public works department shall take into consideration information provided by the permit applicant regarding the cost of removal.
(12) 
Permit Revocation. The director may recall a wireless facilities permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the director may revoke the permit or amend these conditions as the director deems necessary or appropriate to correct any such noncompliance.
(13) 
Insurance. Permittee shall obtain and maintain throughout the term of the wireless facilities permit commercial general liability insurance for bodily injury and property damage, with limits and coverage acceptable to the director. Permittee shall use its best efforts to provide thirty (30) days' prior notice to the city of the cancellation or material modification of any applicable insurance policy.
(14) 
As-Built Drawings. The permittee shall submit an as-built drawing within ninety (90) days after installation of the small wireless facility.
(15) 
Conflicts With Improvements. For any portion of a small wireless facility located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city, by reason of any change of grade, alignment or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements or for any other construction, repair or improvement to the right-of-way.
(16) 
Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement or property.
(17) 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
(18) 
Encourage Collocation. Where the small wireless facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing wireless facility, the permittee shall allow collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
(19) 
Abandonment. If a wireless facility is not operated for a continuous period of ninety (90) days, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the period (A) the director has determined that the facility has resumed operations, or (B) the city has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the wireless facility is determined to have ceased operation or the permittee has notified the director 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. The permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued 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 (2) 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.
(b) 
The foregoing conditions of approval may be modified or superseded by the terms of an MLA between the city and the applicant.
(Ord. 1116 § 2 (Exh. A), 2024)
An eligible facilities request for modification of an existing wireless facility that is not a substantial change to on an existing wireless facility or any modification of an eligible facilities request for an existing wireless facility that has been permitted shall be ministerially approved by the director if they determine that the application meets the requirements of an eligible facilities request in accordance with requirements under 47 C.F.R. § 1.16100. The grant or approval of such an eligible facilities request shall not be deemed to extend the underlying wireless facilities permit term.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
All wireless facilities that have approved wireless facilities permits must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within twenty (20) working days, unless the condition of the facility is considered by the director to be a public safety emergency. In the case of a public safety emergency, then the time limit to complete repairs and restoration may be shortened by the director, depending on the type of emergency, but shall not be less than forty-eight (48) hours. The time period shall commence:
(1) 
After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or
(2) 
After permittee, owner, operator, or any designated maintenance agent receives notification from a resident or the director.
(b) 
All wireless facilities, including, but not limited to, towers, poles, equipment cabinets, fences, camouflage and the site, shall be maintained in good condition, including ensuring the wireless facilities are reasonably free of:
(1) 
General dirt and grease;
(2) 
Chipped, faded, peeling and cracked paint;
(3) 
Rust and corrosion;
(4) 
Cracks, dents and discoloration;
(5) 
Missing, discolored or damaged artificial foliage, or other camouflage;
(6) 
Graffiti, bills, stickers, advertisements, litter and debris;
(7) 
Vandalism;
(8) 
Broken and misshapen structural parts.
(c) 
All landscaping elements approved as part of the small wireless facility shall be maintained in good condition at all times and the permittee, owner, operator, or any designated maintenance agent shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible.
(d) 
Monopoles concealed by foliage must be maintained over time to provide for the continuing concealment of the facility. Replacement leaves and branches must match the color and architecture of the existing foliage.
(e) 
If a flagpole is used for camouflaging a wireless communications facility, flags shall be flown and shall be properly maintained at all times.
(f) 
Each permittee, owner, operator, or any designated maintenance agent shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
A wireless facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications services for ninety (90) or more consecutive days.
(b) 
The permittee, owner, operator, or any designated maintenance agent shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within thirty (30) days of ceasing or abandoning use. For facilities to be located on public property, this removal requirement and appropriate bonding requirement shall be included within the terms of the MLA. For facilities to be located on private property, since the subject property owner may be held responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease.
(Ord. 1116 § 2 (Exh. A), 2024)
(a) 
Permittee's Removal Obligation. Upon the expiration date of the wireless facilities permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner, operator, or any designated maintenance agent shall remove the small wireless facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The small wireless facility shall be removed from the property within thirty (30) days, at no cost or expense to the city.
(b) 
Failure to Remove. Failure of the permittee, owner, operator, or any designated maintenance agent to promptly remove the small wireless facility and restore the property within thirty (30) days after expiration, earlier termination, or revocation of the wireless facilities permit, or abandonment of the wireless facility shall be a violation of the City of Menlo Park Municipal Code, and be grounds for:
(1) 
Calling of any bond or other assurance required by this section or conditions of approval of the wireless facilities permit;
(2) 
Removal of the wireless facilities by the city in accordance with the procedures established under the City of Menlo Park Municipal Code for abatement of a public nuisance at the owner's expense; and/or
(3) 
Any other remedies permitted under the City of Menlo Park Municipal Code or by law.
(Ord. 1116 § 2 (Exh. A), 2024)
Following any changes in applicable federal or state law pertaining to wireless facilities, the director may consider such changes in the review of the pending application, as allowed by law. If a small wireless facility is seeking a renewal of its wireless facilities permit, the renewal application shall be reviewed based on applicable current federal or state law.
(Ord. 1116 § 2 (Exh. A), 2024)